Australian Meat and Live-stock Industry Amendment Regulations 2003 (No. 2) 2003 No. 274
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 274
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 2003 (No. 2)
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 amend the prescribed 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 Live-stock 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, recovers the costs associated with the administration of the quotas on a fee for service basis. A review of these costs has resulted in a reduction to the proposed fee to be recovered from licensees.
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 Industry Regulations 2000.
Schedule 1 amends the fee rate, which will be 0.05 cents kilogram for each additional kilogram of quota entitlement allocated to the licensee in the quota year.
These regulations commenced on gazettal.
Overview
The Australian Meat and Livestock Industry Amendment Regulations 2003 (No. 2), enacted in 2003, address the need to adjust the fees associated with varying meat export quotas under the Australian Meat and Livestock Industry Act 1997. These regulations were introduced by the Minister for Agriculture, Fisheries and Forestry, and the objective is to amend the fee structure for quota variations to reflect a more accurate recovery of administrative costs. This adjustment ensures that the fees charged to quota holders for quota variations are proportionate to the services provided by the Department of Agriculture, Fisheries and Forestry, aligning with industry agreements and cost assessments.
Scope and Application
The Australian Meat and Livestock Industry Amendment Regulations 2003 (No. 2) modify the fees associated with varying meat export quotas under the Australian Meat and Livestock Industry Act 1997. These regulations apply to entities or individuals who hold meat export quotas, including processors, exporters, and other stakeholders in the meat industry. The scope extends to transactions involving the adjustment of these quotas, which are essential for managing the allocation and monitoring of Australia's country-specific meat export quotas. The geographic reach of these regulations is national, affecting quota holders across Australia. The regulations do not introduce any exclusions or exemptions but instead refine the fee structure to reflect updated administrative costs, ensuring that the fees remain fair and proportionate to the services provided by the Department of Agriculture, Fisheries and Forestry. These regulations are integral to the operation of the quota system, facilitating the smooth flow of meat exports while ensuring that the government recovers its administrative costs through a fee-for-service model.
Key Provisions
The Australian Meat and Livestock Industry Amendment Regulations 2003 (No. 2) provide essential changes to the fees associated with the variation of meat export quotas under the Australian Meat and Livestock Industry Act 1997 (the Act). Specifically, Regulation 3, through Schedule 1, amends the Australian Meat and Livestock Industry Regulations 2000. The key provision here is the adjustment of the fee rate for quota variations, which is now set at 0.05 cents per kilogram for any additional kilogram of quota entitlement allocated to the licensee in the quota year (Regulation 3, Schedule 1). These regulations came into effect immediately upon their gazettal.
These regulations impose obligations on quota holders who seek to vary their meat export quotas under the Act. To effect a variation, a quota holder must submit an application to the Secretary of the Department of Agriculture, Fisheries and Forestry (Regulation 28(3)(b), Act) and must pay the prescribed fee as stipulated in the amended regulations (Regulation 3, Schedule 1). The Quota Administration and Statistics Unit plays a crucial role in managing these quotas, ensuring that interim quotas are granted to eligible exporters and that final allocations are made based on available records.
Failure to adhere to the requirements set out in these regulations could lead to various civil or administrative consequences. For instance, if a quota holder does not pay the prescribed fee when applying for a quota variation, the Secretary may not proceed with the variation, which could result in missed export opportunities and potential financial losses for the exporter. Furthermore, non-compliance with the Act or these regulations might also invite scrutiny or enforcement actions from the relevant authorities, although specific penalties are not outlined within the provided text.
While the provided text does not explicitly detail criminal or civil penalties for breaches of these regulations, it is implicit that strict adherence is necessary. Given the nature of the regulations and the administrative framework they support, breaches could lead to administrative penalties, fines, or other enforcement actions as deemed necessary by the responsible authorities. The emphasis is on ensuring that the quota system operates efficiently and fairly, which requires all stakeholders to comply with the stipulated requirements.