Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016

Administered by Department of Agriculture

Legislation au F2016L01089 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Australian Meat and Live-stock Industry Act 1997

 

Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016.

 

Legislative Authority

Under the Australian Meat and Live-stock (Quotas) Act 1990 and the Australian Meat and Live-stock Industry Act 1997, the Secretary of the Australian Government Department of Agriculture and Water Resources (the department) may, where restrictions are imposed on exports of Australian meat, establish a scheme to allocate quota among holders of meat export licences.

 

The Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016 2022) Repeal Order 2016 (the order) is made under section 17 of the Australian Meat and Live-stock Industry Act 1997.

 

The power to make the Order was delegated by the Secretary under section 70 of the Australian Meat and Live‑stock Industry Act 1997 on 20 December 2001.

 

Purpose

The purpose of the order is to repeal the Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016 2022) Order 2015.

 

Background

The Export Control Amendment (Quotas) Act 2015 (the Quotas Act), came into effect on 11 December 2015.

 

The Quotas Act introduced changes that consolidated four Acts that govern tariff rate export quotas into one Act that covers all commodities. The changes established a new section (section 23A) in the Export Control Act 1982 that provides the Secretary with powers to make orders providing for, or in relation to, the establishment and administration of a system or systems of tariff rate quotas.  

 

Due to the enactment of this legislation, the department is now moving all quota legislation to sit under the Export Control Act 1982. This will be achieved through the creation of new orders for all quotas.

The Export Control (Beef Export to the USA Tariff Rate Quota) Order 2016 has been made. Therefore, the Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016-2022) Order 2015 is redundant and needs to be repealed.

Impact and Effect

The order repeals the Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016-2022) Order 2015 from 1 July 2016. The impact of the order is minimal as a new order has been created for the USA beef quota.

 

 

Consultation

The department consulted the USA beef quota industry through their peak industry body, throughout 2015. Regular teleconferences and meetings took place to ensure industry awareness of the changes made by the Export Control Amendment (Quotas) Act 2015, and to ensure that the transition of existing quota arrangements under the newly created section 23A of the Export Control Act 1982 were understood and fully supported.

 

The department consulted with the Office of Best Practice Regulation (OBPR) and was advised that a RIS is not required as the changes are minor and machinery in nature, OBPR ID: 19443.

 

The Order is compatible with human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.

 

The Order is a legislative instrument for the purposes of the Legislation Act 2003.

 

 

Details of the Export Control (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016.

Section 1 – Name

This section provides that the name of the Order is the Export Control (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016.

Section 2 – Commencement

This section provides for the Order to commence on 1 July 2016.

Section 3 – Authority

This section provides that the Order is made under section 17 of the Australian Meat and Live-stock Industry Act 1997.

 

Section 4 – Schedules

This section provides that each instrument specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1–Repeals

 

Item 1–The Whole of the Order

This item provides the repeal of the Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016-2022) Order 2015.

 

 


Attachment A

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Export Control (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016.

 

This 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.

 

Overview of the Legislative Instrument

 

The purpose of the Export Control (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016 is to repeal the current administrative arrangements for the system of tariff rate quotas for the export of beef quota goods from Australia to the USA.

 

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Duane Roberts

Acting Assistant Secretary

Residues and Food Branch

Exports Division

 Department of Agriculture and Water Resources

 

 

 

 

Overview

The Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016 was enacted to address the redundancy of the previous quota arrangements for the export of beef from Australia to the United States, following the introduction of the Export Control Amendment (Quotas) Act 2015. This order was made under section 17 of the Australian Meat and Live-stock Industry Act 1997 by the Secretary of the Australian Government Department of Agriculture and Water Resources. The policy objective behind this repeal was to streamline and consolidate quota legislation under the Export Control Act 1982, thereby ensuring a more efficient and updated system for managing export quotas. The impact of this repeal is minimal as it paves the way for the creation of new orders under the updated legislative framework, specifically the Export Control (Beef Export to the USA Tariff Rate Quota) Order 2016.

Scope and Application

The Australian Meat and Livestock Industry (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016 applies to the entities and persons involved in the export of beef quota goods from Australia to the United States of America, specifically targeting the administrative framework that governed the allocation and administration of beef export quotas. Made under the authority of the Australian Meat and Livestock Industry Act 1997, this legislative instrument serves to repeal the Australian Meat and Livestock Industry (Beef Export to the USA—Quota Years 2016-2022) Order 2015. The repeal is necessitated by the changes introduced by the Export Control Amendment (Quotas) Act 2015, which streamlined the legislative framework for tariff rate quotas, consolidating them under the Export Control Act 1982. The new regulatory landscape required the replacement of the existing quota arrangements, leading to the creation of the Export Control (Beef Export to the USA Tariff Rate Quota) Order 2016, thereby rendering the 2015 Order redundant. The repeal took effect from 1 July 2016, and the impact of this change is considered minimal as it merely shifts the regulatory focus from one legislative instrument to another, with the new order effectively taking over the functions of the repealed order.

Key Provisions

The Australian Meat and Livestock (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016 (section 1) establishes that the Order is named as the Export Control (Beef Export to the USA—Quota Years 2016-2022) Repeal Order 2016. This Order, which comes into effect on 1 July 2016 (section 2), is made under section 17 of the Australian Meat and Livestock Industry Act 1997 (section 3). Section 4 specifies that each instrument mentioned in the Schedules of this instrument will be amended or repealed as detailed in the corresponding items in the Schedule, with any other items in the Schedules taking effect as per their terms. Schedule 1 details the repeal of the Australian Meat and Livestock Industry (Beef Export to the USA—Quota Years 2016-2022) Order 2015 (Item 1). The Order imposes obligations primarily on holders of meat export licenses and the Australian Government Department of Agriculture and Water Resources. These parties must ensure compliance with the new Export Control (Beef Export to the USA Tariff Rate Quota) Order 2016, which has been established to replace the repealed Order. The department is responsible for overseeing the transition of quota arrangements under the Export Control Act 1982, while licence holders must align their export activities with the new regulatory framework. For breaches of the provisions under the Australian Meat and Livestock Industry Act 1997, penalties may apply. The specific penalties depend on the nature and severity of the breach but can include fines and other civil or criminal sanctions as prescribed by the relevant legislation. The maximum penalties are not explicitly stated in the text provided but would be outlined in the primary Act and associated regulations. Compliance with the new quota arrangements is crucial to avoid any potential penalties or legal repercussions.

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Trade Law
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Order
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Commencement Provisions
Repeal & Amendment
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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.