Australian Meat and Live-stock Industry (Beef Export to the USA-Quota Year 2013) Order 2012

Overview

The Australian Meat and Livestock Industry (Beef Export to the USA – Quota Year 2013) Order 2012 was enacted to manage the allocation of beef export quotas to the United States of America for the quota year 2013. This order was introduced to ensure a fair and orderly management of beef exports, following the tariff rate quota regime applied by the US since 1995 as part of the World Trade Organisation Uruguay Round outcomes. The order is made under the Australian Meat and Livestock Industry Act 1997, with the Secretary of the Department of Agriculture, Fisheries and Forestry authorised to establish a scheme to allocate quota among holders of export licences. The primary policy objective is to continue existing administrative arrangements into the next quota year, ensuring compliance with the Australia-US Free Trade Agreement and maintaining tariff-free access for beef exports within the specified quota.

Scope and Application

The Australian Meat and Live-stock Industry (Beef Export to the United States of America – Quota Year 2013) Order 2012 applies to entities involved in the export of beef from Australia to the United States, specifically those who seek to avail themselves of the tariff-free quota. This administrative arrangement is established under the Australian Meat and Live-stock (Quotas) Act 1990 and the Australian Meat and Live-stock Industry Act 1997. The order is made by the Secretary of the Australian Government Department of Agriculture, Fisheries and Forestry and is applicable across the Commonwealth of Australia. The order delineates how beef may be exported tariff-free to the United States in the quota year 2013, which runs from 1 January 2013 to 31 December 2013, by managing the quota on a first-come-first-served basis, with a safeguard mechanism that activates if a certain shipment threshold is reached. Quota certificates are required to land beef tariff-free, and the order provides the procedure for acquiring such a certificate as well as the rules for the calculation, use, non-use, and trade of Provisional Trigger Allocations. The order also reflects the quota amounts and timelines in accordance with the Australia-United States Free Trade Agreement for the 2013 quota year. The amendments to the order do not introduce any new human rights issues, and the Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Australian Meat and Livestock Industry (Beef Export to the United States of America – Quota Year 2013) Order 2012 (sections 1-8) outlines the administrative arrangements for the allocation and export of beef quotas to the United States for the year 2013. This order is made under section 17 of the Australian Meat and Livestock Industry Act 1997 and provides details on the management of beef exports, including the quota amount, allocation process, and procedures for obtaining quota certificates. The quota for 2013 is set at 413,214 tonnes, combining the static World Trade Organisation (WTO) amount and the Australia-United States Free Trade Agreement (AUSFTA) amount. The quota is managed on a first-come, first-served basis, with a safeguard trigger applying if shipments reach 85% of the quota before 1 October in any year. The order imposes several obligations on the parties involved. Exporter entities must comply with the quota management system and obtain quota certificates to ensure tariff-free entry of beef into the US market. The Department of Agriculture, Fisheries and Forestry is responsible for managing the quota allocation process and communicating any changes to eligible exporters. Quota certificates must be acquired and used in accordance with the procedures outlined in the order. Exporters must also adhere to the rules governing the calculation, use, non-use, and trade of Provisional Trigger Allocations (PTAs) if the safeguard trigger is reached. The order does not explicitly outline specific offences or penalties for breach. However, non-compliance with the quota management system and failure to obtain and use quota certificates correctly could potentially lead to financial penalties or legal consequences for exporters. The order does not specify maximum penalties but implies that adherence to the outlined procedures is essential for continued tariff-free access to the US market. Failure to comply with the quota system or misuse of quota certificates could result in the imposition of out-of-quota tariffs, which would negatively impact the profitability of beef exports to the US. In summary, the Australian Meat and Livestock Industry (Beef Export to the United States of America – Quota Year 2013) Order 2012 sets out the administrative framework for managing beef exports to the US for the 2013 quota year. It details the quota amount, allocation process, and procedures for obtaining quota certificates. The order imposes obligations on exporters to comply with the quota system and obtain necessary certificates, while the Department of Agriculture, Fisheries and Forestry is responsible for managing the allocation process. While the order does not specify maximum penalties, non-compliance could result in financial penalties or loss of tariff-free access to the US market.