Australian Meat and Live-stock Industry Amendment Regulations 2000 (No. 1) 2000 No. 341
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 341
Issued by Authority of the Minister for Agriculture, Fisheries and Forestry
Australian Meat and Live-stock Industry Act 1997
Australian Meat and Live-stock Industry Amendment Regulations 2000 (No. 1)
Paragraph 28(3)(b) of the Australian Meat and Live-stock Industry Act 1997 (the Act) provides that the Secretary of the Department of Agriculture, Fisheries and Forestry may vary a meat export quota on application by the holder and on payment of the prescribed fee.
Section 74 of the Act provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of these regulations is to prescribe the fee that must be paid by a quota holder before the Secretary may vary the quota of that quota holder.
The European Commission and the United States of America impose quotas to control the access of meat imported from Australia at concessional tariff rates. The Quota Administration and Statistics Unit manages the allocation, monitoring and reporting of Australia's country-specific meat export quotas.
Interim quotas are usually granted to eligible exporters prior to each quota year to enable exporters to consign shipments to be available at their destination, if required, by the commencement of the new quota year. Interim quotas are based on an amount estimated to be less than each quota holder will finally be entitled. These grants of quota are made under the Australian Meat and Live-stock (Quotas) Act 1990.
Final allocations are made by varying the quota holders' interim allocations and are released once all the records necessary are available to AFFA's QA Unit. Variations to quotas must be made under the Australian Meat and Livestock Industry Act 1997 and the fees applied for varying the quotas must be prescribed under this Act.
The fee, as agreed with the red meat industry, will recover the costs associated with the administration of the quotas on a fee for service basis.
Regulation 1 provides for the citation of the regulations.
Regulation 2 provides that the regulations will commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Australian Meat and Live-stock Regulations 1998.
Schedule 1 (1) provides definitions to the terms "quota year" as used in the proposed regulations.
Schedule 1 (2) sets the fee rate, which will be 0.8 cents per kilogram of quota meat entitlement allocated to the licensee in the quota year and will show where the payment of the fee is to be made.
These regulations commenced on gazettal.
Overview
The Australian Meat and Livestock Industry Amendment Regulations 2000 (No. 1) were enacted to address the need for a structured fee regime for varying meat export quotas under the Australian Meat and Livestock Industry Act 1997. This regulatory response was initiated by the Minister for Agriculture, Fisheries and Forestry, and authorised by the Parliament of Australia, aiming to ensure a transparent and cost-effective process for quota variations. These regulations were designed to prescribe the specific fee that must be paid by quota holders to the Secretary of the Department of Agriculture, Fisheries and Forestry before any quota variations can be made. This legislative measure was crucial to managing the economic and logistical aspects of meat export quotas, ensuring alignment with international trade practices and agreements, particularly those involving the European Commission and the United States of America. The policy objective was to establish a fee structure that would cover the administrative costs associated with quota management, thereby ensuring efficient quota administration and compliance with international trade obligations.
Scope and Application
The Australian Meat and Live-stock Industry Amendment Regulations 2000 (No. 1) apply to entities and individuals who hold meat export quotas under the Australian Meat and Live-stock Industry Act 1997. These regulations are particularly relevant to quota holders who seek to vary their quotas, a process overseen by the Secretary of the Department of Agriculture, Fisheries and Forestry. The geographic scope of these regulations is national, given that they pertain to Australia's compliance with international trade agreements and the administration of quotas that are critical for managing the country's meat exports. The regulations are designed to set the fee structure for quota variations, ensuring that the administrative costs are recovered from the quota holders in a manner that reflects the service provided. Exclusions or exemptions from these regulations are not explicitly mentioned, and it is understood that all quota holders subject to the Act will need to comply with the fee requirements as stipulated. The regulations extend the application of the Act by providing specific details on the fees associated with quota variations, thereby facilitating the administrative process defined under the Act.
Key Provisions
The Australian Meat and Livestock Industry Amendment Regulations 2000 (No. 1) establish specific provisions regarding the fees for varying meat export quotas under the Australian Meat and Livestock Industry Act 1997. Regulation 3 of these regulations amends the Australian Meat and Livestock Regulations 1998 to specify the fee that must be paid by a quota holder before the Secretary can vary their quota (Schedule 1 (2)). The fee is set at 0.8 cents per kilogram of quota meat entitlement allocated to the licensee in the quota year, and it is intended to recover the costs associated with the administration of the quotas on a fee-for-service basis (Schedule 1 (2)).
The obligations imposed by these regulations are primarily on quota holders and the Secretary of the Department of Agriculture, Fisheries and Forestry. Quota holders must pay the prescribed fee to the Secretary before their quota can be varied. This requirement ensures that the costs of quota administration are appropriately funded by those who benefit from the quota system. The Secretary, in turn, is obligated to vary the quota upon receipt of the prescribed fee, provided that all necessary records are available and the quota holder meets the eligibility criteria (section 28(3)(b) of the Act).
Failure to comply with the fee requirements or other obligations under these regulations can result in significant consequences. The Act provides mechanisms for enforcement, including the potential for civil or criminal penalties for non-compliance. While the specific penalties are not detailed in these regulations, they may include fines or other sanctions as prescribed by the relevant authorities. The severity of these penalties would depend on the nature and extent of the breach, but they serve as a deterrent to ensure adherence to the regulatory framework.