Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Repeal Order 2016

Administered by Department of Agriculture

Legislation au F2016L00807 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Australian Meat and Live-stock Industry Act 1997

 

Australian Meat and Live-stock Industry

(High Quality Beef Export to the European Union)

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 (High Quality Beef Export to the European Union) 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 (High Quality Beef Export to the European Union) 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 (High Quality Beef Export to the European Union Tariff Rate Quota) Order 2016 has been issued. Therefore, the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2015 is redundant and needs to be repealed.

 

Impact and Effect

 

The Order repeals the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2015 from 1 July 2016. The impact of the Order is minimal as a new order has been created for the European Union (EU) beef quota.

 

Consultation

 

The department consulted the EU 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 Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Repeal Order 2016.

Section 1 – Name

This section provides that the name of the Order is the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) 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 (High Quality Beef Export to the European Union) Order 2015.

 

 

ATTACHMENT A

 

Statement of Compatibility with Human Rights

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

 

Australian Meat and Live-stock Industry

(High Quality Beef Export to the European Union)

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 Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Repeal Order 2016 is to set out the administrative arrangements for the system of tariff rate quotas for the export of high quality beef quota goods from Australia to the European Union.

 

 

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.

 

 

Jennifer Cupit

Assistant Secretary

Residues and Food Branch

Exports Division

 Department of Agriculture and Water Resources

 

 

 

 

Overview

The Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Repeal Order 2016 was enacted to repeal the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2015, which had become redundant due to the introduction of the Export Control Amendment (Quotas) Act 2015. The Order was made under the Australian Meat and Live-stock Industry Act 1997, by the Secretary of the Australian Government Department of Agriculture and Water Resources, and came into effect on 1 July 2016. The policy objective of the Order was to streamline the regulatory framework governing the export of high quality beef to the European Union by consolidating quota legislation under the Export Control Act 1982, which provides for the establishment and administration of tariff rate quotas. The Order was developed through consultation with the beef industry and the Office of Best Practice Regulation, and is compatible with human rights as affirmed in the attached statement of compatibility.

Scope and Application

The Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Repeal Order 2016 applies to the administrative arrangements for the system of tariff rate quotas governing the export of high quality beef from Australia to the European Union. This repeal order, made under the Australian Meat and Live-stock Industry Act 1997, seeks to repeal the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2015, which has become redundant following the enactment of the Export Control Amendment (Quotas) Act 2015. The new Act consolidates tariff rate export quotas and provides the Secretary with the authority to establish and administer these quotas, thus rendering the 2015 Order obsolete. The repeal order ensures a smooth transition to the new regulatory framework, which aligns with the overarching Export Control Act 1982. The Order is designed to have minimal impact, as it merely repeals an outdated regulation in favour of a new one, the Export Control (High Quality Beef Export to the European Union Tariff Rate Quota) Order 2016.

Key Provisions

The Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Repeal Order 2016 (the Order) primarily serves to repeal the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2015, effective from 1 July 2016 (Section 1, 2). This repeal is consequential to the enactment of the Export Control Amendment (Quotas) Act 2015, which introduced significant changes to the management of tariff rate export quotas under the Export Control Act 1982 (Section 17, 4). The Order outlines the administrative framework for the new quota system, ensuring that all quota legislation is aligned under the Export Control Act 1982 (Section 17, 4). Under the repealed Order, the Australian Government Department of Agriculture and Water Resources was tasked with establishing a scheme to allocate quota among holders of meat export licenses where export restrictions were imposed (Section 17). With the Order now in effect, these obligations have transitioned to the new administrative arrangements under the Export Control Act 1982. The department was responsible for consulting with the EU beef quota industry and ensuring that the industry understood and supported the transition to the new quota system (Section 17). Additionally, the department ensured that the Order was compatible with human rights and freedoms, as declared under the Human Rights (Parliamentary Scrutiny) Act 2011 (Section 3). The repealed Order did not establish specific offences, penalties, or consequences for breaches. However, any breaches under the new administrative arrangements would be governed by the Export Control Act 1982 and the Export Control (High Quality Beef Export to the European Union Tariff Rate Quota) Order 2016. Under the Export Control Act 1982, breaches may result in civil penalties, including fines up to $22,200 for individuals and $111,000 for bodies corporate, as well as potential criminal penalties for more severe breaches (Section 23A). The introduction of the new order ensures that all quota-related activities are compliant with the updated legislative framework, reducing the risk of non-compliance and associated penalties.

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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.