Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014

Overview

The Australian Meat and Livestock (Sheepmeat and Goatmeat Quota Export to the European Union) Order 2014, enacted under the Australian Meat and Livestock Industry Act 1997, aims to regulate the export quotas for sheepmeat and goatmeat from Australia to the European Union. This Order was introduced to ensure a fair and orderly operation for Australian exporters, adhering to the quota allocations set forth by EU law. The primary objective is to provide a transparent and efficient system for managing the export quotas, ensuring that eligible exporters can operate within the set parameters to maintain fair returns and best commercial interests of the industry. The Department of Agriculture, through the Secretary, administers these quota arrangements, making annual adjustments to align with the quota year from 1 January to 31 December. These amendments focus on updating administrative dates and improving the readability of the legislation, ensuring compliance with best practice regulation and human rights standards.

Scope and Application

The Australian Meat and Livestock Industry (Sheepmeat and Goatmeat Quota Export to the European Union) Order 2014 applies to licensed exporters of sheepmeat and goatmeat from Australia to the European Union. It is made under the Australian Meat and Livestock Industry Act 1997 and the Australian Meat and Livestock (Quotas) Act 1990, and operates to ensure a fair return and in the best commercial interests of the industry. The Order sets out the quota administrative processes for the allocation and distribution of the yearly quotas among eligible exporters, and includes procedures for obtaining approvals to ship in-quota and obtain quota certificates. The quotas are allocated based on recorded shipments to the EU market in the previous year and exporters' performance credits for exports to all destinations. The Order applies on a national level across Australia and does not specify any exclusions, exemptions, or thresholds. The amendments to the Order primarily update the administrative and operating dates for future quota years and include minor changes to improve readability and clarity, such as clarifying the process of calculating EU quota entitlements and who can apply for unallocated quota. The amendments are compatible with human rights as recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Australian Meat and Livestock Industry (Sheepmeat and Goatmeat Quota Export to the European Union) Order 2014 (sections 1-6) sets out the administrative processes for the annual allocation and trade of quotas for sheepmeat and goatmeat exports from Australia to the European Union. The order outlines how quotas are allocated between eligible exporters, how quota and certificates are obtained, and details administrative dates relevant to the quota year from 1 January to 31 December. Eligible exporters must either be an EU-accredited meat processing plant or source their product from such plants (section 3). Eighty per cent of the quota is based on previous year's shipments, while twenty per cent is allocated based on exporters' performance credits for all destinations from EU-accredited establishments (section 4). Exporters can trade their quota entitlement, with transfers being absolute to ensure quota is only available to active exporters to the EU market (section 5). The order also allows for the trading of export records, subject to specific constraints (section 22). The order imposes several obligations on parties involved in the sheepmeat and goatmeat export industry. Licensed exporters must adhere to the quota allocation system and ensure their shipments do not exceed their allocated quota. They must also maintain accurate records of their shipments and performance credits to qualify for quota allocation (section 4). Additionally, exporters must comply with the administrative processes outlined in the order, including applying for quota certificates and adhering to the specified administrative dates (section 6). Failure to comply with these obligations may result in the denial of quota allocation and potential penalties for non-compliance. Breach of the provisions outlined in the order can result in various consequences, including civil and criminal penalties. For instance, exporters who exceed their allocated quota or fail to comply with the administrative requirements may face fines or other civil penalties as stipulated under the Australian Meat and Livestock Industry Act 1997 (section 17). Additionally, serious breaches, such as fraudulent activities in the quota allocation process, may lead to criminal charges, with potential maximum penalties depending on the severity of the offence. The precise penalties are detailed in the Australian Meat and Livestock (Quotas) Act 1990, which complements the order by providing a legal framework for enforcement and sanctions.