Overview

The Australian Meat and Livestock (High Quality Beef Export to the European Union) Order 2013 was enacted to establish a scheme to allocate quota among holders of export licences for the export of high-quality beef from Australia to the European Union. This order was enacted under the Australian Meat and Livestock Industry Act 1997 by the Secretary of the Australian Government Department of Agriculture, Fisheries and Forestry. The primary objective of this legislation is to manage the export of high-quality beef to the European Union under a country-specific quota, ensuring that the quota is managed on a cost-recovery basis to optimise the value of the high-quality beef access for the collective benefit of the Australian beef industry. The order focuses on updating administrative processes and dates to align with the operational requirements for the next quota year, ensuring a fair and orderly export of high-quality beef to the EU member countries.

Scope and Application

The Australian Meat and Livestock (High Quality Beef Export to the European Union) Order 2013, implemented under the Australian Meat and Livestock (Quotas) Act 1990 and the Australian Meat and Livestock Industry Act 1997, applies to the export of high quality beef from Australia to the European Union. The Order, issued by the Secretary of the Department of Agriculture, Fisheries and Forestry, governs the allocation of the quota that allows Australia to export a specified quantity of beef annually to EU member countries at reduced tariff rates. This quota is divided into standard and non-standard components, managed to ensure a fair and orderly export process, and administered on a cost-recovery basis. The Order is applicable to all entities and individuals involved in the export of high quality beef to the EU, including beef processors, exporters, and other relevant stakeholders within the Australian beef industry. The geographic scope of the Order is national, as it pertains to the export activities of Australian entities to the European Union. The Order does not specify exclusions or thresholds but focuses on the administrative processes for managing the quota, ensuring compliance with international agreements and facilitating the export of beef under the agreed quota. The Order is updated annually to reflect the new quota year and any changes in administrative processes, and the amendments do not require additional consultation with industry as they are primarily mechanical updates.

Key Provisions

The Australian Meat and Livestock (High Quality Beef Export to the European Union) Order 2013 (the Order) is established under section 17 of the Australian Meat and Livestock Industry Act 1997 (the Act). The Order outlines the quota management for the export of high-quality beef (HQB) to European Union (EU) member countries, ensuring that exports occur in a fair and orderly manner. The quota year covered by this Order is from 1 July 2012 to 30 June 2013, consisting of 7150 tonnes of HQB, divided into 6650 tonnes of standard quota and 500 tonnes of non-standard quota. This Order aims to optimise the value of the HQB access for the benefit of the Australian beef industry. The Order imposes several obligations on the parties involved in the export of HQB to the EU. Firstly, the Secretary of the Australian Government Department of Agriculture, Fisheries and Forestry (the department) is responsible for managing the quota and issuing the annual Order to ensure the orderly export of HQB. The department must administer the quota on a cost-recovery basis, ensuring that the administrative processes are efficient and transparent. Additionally, the Order requires the department to consult with industry stakeholders each year to update the administrative and operating dates for the next quota year. These consultations are typically mechanical in nature and do not necessitate additional industry consultation. Failure to comply with the provisions of the Order may result in various consequences. While the Order does not explicitly outline specific offences or penalties for non-compliance, breaches of the Australian Meat and Livestock (Quotas) Act 1990 or the Australian Meat and Livestock Industry Act 1997 may lead to civil or criminal penalties. For instance, under section 35 of the Australian Meat and Livestock (Quotas) Act 1990, a person who contravenes a provision of the Act may be liable to a penalty of up to $50,000 for an individual and $250,000 for a body corporate. Furthermore, under section 15 of the Australian Meat and Livestock Industry Act 1997, a person who contravenes a provision of the Act may be liable to a penalty of up to $50,000 for an individual and $250,000 for a body corporate. These penalties may be imposed by a court, and the Order does not provide for any specific maximum penalties for its provisions. However, the department's role in administering the quota and ensuring compliance with the Act and the Order may result in enforcement actions against non-compliant parties.