EXPLANATORY STATEMENT
DEPARTMENT OF AGRICULTURE, FISHERIES & FORESTRY
AUSTRALIAN MEAT AND LIVE‑STOCK INDUSTRY
(HIGH QUALITY BEEF EXPORT TO THE EUROPEAN UNION) AMENDMENT ORDER 2006 (No. 1)
1. Statutory basis
1.1 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, Fisheries and Forestry (DAFF) may, where restrictions are imposed on exports of Australian meat, establish a scheme to allocate quotas among the holders of export licences.
1.2 This order is made under section 17 of the Australian Meat and Live‑stock Industry Act 1997.
2. Background to order
2.1 The European Union (EU) each financial year, commencing 1 July, allows Australia to ship a quantity of high quality beef (HQB) to the EU under a country-specific quota.
2.2 In March of 2006, the European Commission (EC) published amended regulations regarding import of HQB, resulting in minor changes to export limitations.
2.2 This Amendment Order alters the current order (Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2005) to accommodate these changes.
2.3 This Amendment Order has been exempted from the normal requirement of a Regulation Impact Statement (RIS) by the Office of Regulation Review (ORR).
3. Summary of order
3.1 This order provides for the alterations to the current regulations put in place by the EC.
4. Consultation
4.1 Industry has been notified of the alterations issued by the EC.
5. Explanation of sections under the Order
Section 1 – Name of order. This section provides for how the Order is to be cited.
Section 2 – Commencement. This section provides that the Order commences on the day after registration on the Federal Register of Legislative Instruments.
Section 3 – Amendment of Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2005. This section provides for the alterations put in place in the amended regulation published by the EC (Commission Regulation No. 408/2006). Specifically, the amount of Tariff Rate Quota (TRQ) permitted to Australia has increased by 75 tonnes for the 2005/2006 quota year, now totalling 7,075 tonnes; and the specifications for HQB have been changed.
Overview
The Australian Meat and Livestock Industry (High Quality Beef Export to the European Union) Amendment Order 2006 (No. 1) was enacted to address changes to the European Union's regulations on the import of high quality beef from Australia, specifically in response to the European Commission's amended regulations published in March 2006. This Amendment Order was created under section 17 of the Australian Meat and Live-stock Industry Act 1997 by the Secretary of the Australian Government Department of Agriculture, Fisheries and Forestry (DAFF). The primary objective of this order is to align Australia's export regulations with those of the EU, ensuring that Australian beef exports remain compliant with the new specifications and quota limitations set by the European Commission. Industry stakeholders were notified of these changes, and the order was exempted from the requirement of a Regulation Impact Statement by the Office of Regulation Review.
Scope and Application
The Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Amendment Order 2006 (No. 1) applies to entities involved in the export of high quality beef from Australia to the European Union, specifically those holding export licences under the Australian Meat and Live-stock (Quotas) Act 1990 and the Australian Meat and Live-stock Industry Act 1997. This Order was necessitated by amendments in the European Union's regulations concerning the import of high quality beef, and it seeks to adjust the existing export scheme to align with these changes. The Order comes into effect the day after its registration on the Federal Register of Legislative Instruments and modifies the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2005 to reflect the new quota and specifications as stipulated by the European Commission Regulation No. 408/2006. The increased Tariff Rate Quota now totals 7,075 tonnes for the 2005/2006 quota year, up by 75 tonnes from the previous year. The amendments were communicated to the industry in advance, ensuring that all stakeholders were aware of the changes and could adjust their operations accordingly. Notably, this Amendment Order was exempt from the usual requirement of a Regulation Impact Statement by the Office of Regulation Review.
Key Provisions
The Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Amendment Order 2006 (No. 1) primarily modifies the existing regulations for the export of high-quality beef (HQB) to the European Union (EU) in response to updated import regulations from the European Commission (EC). Under section 3 of the order, it amends the Australian Meat and Livestock Industry (High Quality Beef Export to the European Union) Order 2005 to reflect changes outlined in Commission Regulation No. 408/2006. These changes include an increase in the Tariff Rate Quota (TRQ) for Australia by 75 tonnes, bringing the total quota for the 2005/2006 financial year to 7,075 tonnes. Additionally, the specifications for what constitutes HQB have been updated to align with the new EU regulations.
The parties or entities governed by this Act, primarily export licence holders, must adhere to the new quota allocations and specifications for HQB as stipulated in the amended order. They must ensure that their beef exports meet the updated criteria to qualify for the TRQ. This involves adjustments in their export practices, including possibly modifying their beef production or sourcing processes to align with the new standards set by the EU. Furthermore, these entities must stay informed about any further changes to the regulations to maintain compliance with the quota and specifications.
Failure to comply with the new regulations could result in legal consequences. Although the order itself does not explicitly detail specific penalties for breaches, non-compliance with regulations governing the export of meat products can lead to a range of civil or criminal actions under the Australian Meat and Live-stock Industry Act 1997. These can include fines or other penalties as prescribed by relevant legislation. The severity of the penalties would depend on the nature and extent of the breach, with potential maximum penalties for serious violations being significant, reflecting the seriousness of non-compliance with international trade agreements and food safety standards.