Australian Meat and Live-stock Corporation Amendment Act 1990

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2004A04044 Not in force Act

Legislation content

Australian Meat and Live-stock Corporation
Amendment Act 1990

No. 113 of 1990

 

An Act to amend the Australian Meat and Live-stock
Corporation Act 1977, and for related purposes

[Assented to 21 December 1990]

The Parliament of Australia enacts:

Short title etc.

1. (1) This Act may be cited as the Australian Meat and Live-stock Corporation Amendment Act 1990.

(2) In this Act, “Principal Act” means the Australian Meat and Live-stock Corporation Act 19771.

Commencement

2. (1) Subject to subsection (2), this Act commences on the commencement of the Australian Meat and Live-stock (Quotas) Act 1990.

(2) Section 8 commences on 1 January 1992.


Restriction of persons who may export to certain markets

3. Section 16l of the Principal Act is amended by omitting from subsection (1a) “30na (3)” and substituting “30n (5) (b)”.

4. After section 16u of the Principal Act the following Division is inserted in Part II:

 

“Division 3—Export Quotas

Definitions

“16v. Expressions in this Division have the same meanings as in subsection 3 (1) of the Australian Meat and Live-stock (Quotas) Act 1990.

Quotas to be in accordance with corporate plan

“16w. The granting of quotas must be in accordance with guidelines set out in the corporate plan.

Variation of quotas

“16x. (1) The Corporation may at any time, by notice in writing given to the holder of a quota, vary any or all of the following:

(a) the period of validity of the quota;

(b) the quantity or description of goods covered by the quota;

(c) the condition or conditions of the quota.

“(2) Variations of quotas must not be inconsistent with the guidelines set out in the corporate plan.

Reimbursement for reduction of rights under quota

“16y. If:

(a) a quota was granted to the holder by sale; and

(b) the quota is varied so as to reduce the rights granted by the quota;

the Corporation must repay to the holder a proportionate amount of the sale price, as calculated in accordance with the guidelines set out in the corporate plan.

Review of decisions

“16z. Application may be made to the Administrative Appeals Tribunal for review of a decision of the Corporation to:

(a) fix the period of validity of a quota; or

(b) make a variation of a quota under paragraph 16x (1) (a), (b) or (c).


Statements to accompany notification of decisions

“16za. (1) Where a decision of a kind referred to in section 16z is made and a notice in writing of the decision is given to a person whose interests are affected by the decision, the notice must include:

(a) a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and

(b) except where subsection 28 (4) of that Act applies, a statement to the effect that the person may request a statement under section 28 of that Act.

“(2) A failure to comply with subsection (1) does not affect the validity of the decision.

Licensees to comply with quota system

“16zb. An export licence is subject to the condition that the holder must comply with subsection 5 (2) of the Australian Meat and Live-stock (Quotas) Act 1990.

Guidelines to be made available on request

“16zc. The Corporation must, if requested by an exporter, make available to the exporter the guidelines set out in the corporate plan relating to quotas.

Concurrent operation of the Australian Meat and Live-stock (Quotas) Act, this Division and Division 2

“16zd. The Australian Meat and Live-stock (Quotas) Act 1990 and this Division operate in addition to, and not in substitution for, any provision of Division 2.”.

Corporation to prepare and review corporate plan

5. Section 30n is amended by inserting after paragraph (5) (b) the following paragraph:

“(ba) include guidelines setting out:

(i) the considerations to be taken into account by the Corporation in deciding whether to establish systems of quotas in relation to particular countries, and the criteria for granting those quotas; and

(ii) the way in which quotas are to be sold or allocated; and

(iii) the purposes for which, and the ways in which, quotas may be varied; and

(iv) the way in which reimbursements for reductions of rights under quotas are to be calculated; and

(v) the purposes for which money received from the sale of quotas is to be applied; and”.


Application of money

6. Section 37 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1a) Money received from the sale of quotas under the Australian Meat and Live-stock (Quotas) Act 1990 must be applied in accordance with the guidelines set out in the corporate plan.”.

Annual report

7. Section 49 of the Principal Act is amended by inserting after paragraph (2) (a) the following paragraph:

“(aa) particulars of any quotas sold or allocated during the year, including the names of the holders; and”.

Repeal

8. Section 16j of the Principal Act (meat quotas) is repealed.

NOTE

1. No. 67, 1977, as amended. For previous amendments, see No. 36, 1978; No. 76, 1979; No. 167, 1980; Nos. 61 and 150, 1981; Nos. 46 and 48, 1982; No. 57, 1984; No. 13, 1985; No. 77, 1986; No. 155, 1987; Nos. 51, 99 and 111, 1988; and No. 88, 1989.

[Minister’s second reading speech made in—

House of Representatives on 7 November 1990

Senate on 13 November 1990]

Overview

The Australian Meat and Livestock Corporation Amendment Act 1990 was enacted by the Parliament of Australia to address the need for updated and comprehensive regulations concerning the allocation and management of export quotas within the Australian meat and livestock industry. This amendment builds upon the Australian Meat and Livestock Corporation Act 1977, introducing new provisions to streamline the management of export quotas and ensure transparency and fairness in their allocation. The policy objective of this amendment is to facilitate the orderly and efficient operation of the export quota system, ensuring that it aligns with the broader corporate objectives of the Australian Meat and Livestock Corporation, and to provide a framework for the review and adjustment of quotas as necessary.

Scope and Application

The Australian Meat and Live-stock Corporation Amendment Act 1990 is a legislative instrument designed to make amendments to the Australian Meat and Live-stock Corporation Act 1977, primarily concerning the regulation and management of meat and livestock export quotas. This Act applies to the Australian Meat and Livestock Corporation (AMLC), a statutory body responsible for marketing and promoting Australian beef, sheepmeat, goat meat, and goat skins. The Act outlines the responsibilities and powers of the AMLC in relation to the establishment, management, and allocation of export quotas to particular markets. The Act also provides for the review of decisions made by the AMLC concerning quotas through the Administrative Appeals Tribunal, ensuring that affected parties have access to a review mechanism. The Act extends its application nationally and complements the Australian Meat and Livestock (Quotas) Act 1990 by operating in addition to, and not in substitution for, any provision of Division 2 of the Principal Act. The Act does not explicitly state exclusions, exemptions, or thresholds but implies that its provisions apply broadly to the AMLC’s operations in relation to meat and livestock export quotas.

Key Provisions

The Australian Meat and Livestock Corporation Amendment Act 1990 (C2004A04044) makes several significant amendments to the Australian Meat and Livestock Corporation Act 1977. The key sections of this amending Act include sections 3, 4, 5, 6, and 7, which introduce new provisions regarding export quotas and the management of these quotas by the Corporation. Section 3 modifies existing subsections to align with new guidelines, while section 4 inserts a new Division into Part II of the Principal Act, detailing the establishment and management of export quotas. Section 5 amends section 30n of the Principal Act to include new guidelines for quotas in the corporate plan. Section 6 modifies section 37 to ensure that money received from quota sales is applied according to the corporate plan. Lastly, section 7 amends section 49 to require the annual report to include details on any quotas sold or allocated during the year. The obligations imposed by this Act on the Australian Meat and Livestock Corporation (the Corporation) include the preparation and review of a corporate plan that includes specific guidelines for the management of export quotas. This includes determining the criteria for granting quotas, the methods for selling or allocating them, and the procedures for varying these quotas. The Corporation must also ensure that any variations to quotas do not conflict with the guidelines set out in the corporate plan. Additionally, the Corporation is obligated to make these guidelines available to exporters upon request and to ensure that all export licences are subject to compliance with the quota system. The Act further mandates that any decisions regarding the fixing or variation of quotas must be accompanied by statements informing the affected parties of their rights to appeal to the Administrative Appeals Tribunal. Breaches of the provisions set out in the Australian Meat and Livestock Corporation Amendment Act 1990 can lead to various consequences. Although the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences, it does stipulate that failure to include the required statements in notifications of decisions regarding quotas does not affect the validity of those decisions. However, the Administrative Appeals Tribunal Act 1975 provides a framework for reviewing decisions, which could lead to further legal proceedings if the affected party is dissatisfied with the outcome. Additionally, the Corporation's failure to adhere to the guidelines in the corporate plan or to provide requested information could potentially result in legal action or administrative penalties as per other applicable laws. The precise penalties for such breaches would depend on the specific circumstances and the laws governing administrative compliance and contractual obligations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.