Australian Meat and Live-stock Industry (High Quality Beef Exports to the European Union) Amendment Order 2011 (No. 1)

Overview

The Australian Meat and Livestock Industry (High Quality Beef Export to the European Union) Amendment Order 2011 (No. 1) was enacted to correct an administrative error in the Australian Meat and Livestock Industry (High Quality Beef Export to the European Union) Order 2011. This amendment was made under section 17 of the Australian Meat and Livestock Industry Act 1997 by the Secretary of the Australian Government Department of Agriculture, Fisheries and Forestry (DAFF). The problem it sought to address was an incorrectly specified deadline for exporters to apply for quota allocation, which was set for 29 April 2011 instead of aligning with previous years' orders, which had a deadline of 30 June. The policy objective of this amendment was to ensure that the quota allocation process is completed in a timely manner to avoid any disruptions in the commencement of the 2011-12 quota year on 1 July 2011. The administrative arrangements for these meat export quotas, including the EU high quality beef arrangements, were developed in consultation with the industry.

Scope and Application

The Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Amendment Order 2011 (No. 1) applies to entities and individuals involved in the export of high-quality beef from Australia to the European Union, specifically within the context of the annual quota established by the European Union for such exports. This amendment order is made under the authority of the Australian Meat and Live-stock Industry Act 1997 and is administered by the Department of Agriculture, Fisheries and Forestry. The amendment corrects an error in the previously established quota application deadline, ensuring that exporters have adequate time to apply for quota allocation before the start of the 2011-12 quota year on 1 July 2011. By extending the deadline from 29 April 2011 to 30 June 2011, the amendment aligns with the administrative practices of previous years, facilitating a smoother and more efficient quota allocation process. The amendment does not introduce new exclusions or exemptions but corrects a scheduling error to ensure the orderly administration of beef export quotas to the European Union.

Key Provisions

The Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Amendment Order 2011 (No. 1) amends the date by which exporters can apply for a quota allocation for high quality beef exports to the European Union. Under the original order, the application date for quota allocation was set for 29 April 2011, but this date was found to be incorrect. The amendment order, made under section 17 of the Australian Meat and Live-stock Industry Act 1997, corrects this date to 30 June 2011 (Schedule 1, Amendment, Section 8, Subsection 2). This change ensures that the allocation of quota can be completed before the commencement of the 2011-12 quota year on 1 July 2011. The Act imposes specific obligations on the parties involved, particularly the exporters of high quality beef to the European Union. Exporters must apply for quota allocation by the amended date of 30 June 2011, as specified in the amendment order. This requirement ensures that there is sufficient time to process applications and allocate quotas before the start of the new quota year. The Australian Government Department of Agriculture, Fisheries and Forestry (DAFF) is responsible for issuing these orders and overseeing the allocation process. The amendment order ensures that the administrative arrangements for meat export quotas, including those for high quality beef, are conducted in a manner that aligns with industry practices and previous years' procedures. The amendment order does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance. However, failure to comply with the requirements of the quota allocation process could potentially result in legal consequences under the broader legislative framework of the Australian Meat and Live-stock (Quotas) Act 1990 and the Australian Meat and Live-stock Industry Act 1997. These Acts provide the statutory basis for establishing export quotas and may include provisions that allow for enforcement actions, such as fines or other penalties, for non-compliance with the allocation requirements. The specific penalties for breach would depend on the relevant provisions of these Acts.