EXPLANATORY STATEMENT
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
Australian Meat and Live-stock Industry Act 1997
Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union – Quota Year 2013) Amendment Order 2013 (No.1)
Statutory Basis
Under the Australian Meat and Live-stock Industry Act 1997 and the Australian Meat and Live-stock (Quotas) Act 1990 the Secretary of the Australian Government Department of Agriculture, Fisheries and Forestry (the department) may, where restrictions are imposed on exports of Australian meat, establish a scheme to allocate quota among holders of export licences.
This order is made under section 17 of the Australian Meat and Live-stock Industry Act 1997.
Background to Order
The department administers the quota system to provide a fair and orderly operating environment for Australian exporters of sheepmeat and goatmeat to the European Union (EU). The current administrative arrangements were put in place following consultation with the sheepmeat and goatmeat industries.
The order provides for the management and administration of 19 186 tonnes of Australia’s country specific EU sheepmeat and goatmeat quota and provision of certificates only for a global quota known as erga omnes. In calculations for entitlement to the country specific quota, in-quota shipments to the EU are given an 80 percent weighting and out-of-quota shipments are given a 20 percent weighting. Erga omnes shipments are recognised as being made out-of-quota and are given the 20 percent weighting in calculating country specific quota entitlement. The sheepmeat and goatmeat industry asked for erga omnes to be counted in the 80 percent weighting.
Consultation
An undertaking was given by the Department of Agriculture, Fisheries and Forestry to count erga omnes in the 80 percent weighted shipments. However, due to technical difficulties this could not be done. Exporters had an expectation that their erga omnes shipments would be counted and made business plans in anticipation. The industry’s peak representative body, the Australian Meat Industry Council requested that the 2012 erga omnes exporters be given a one-off extra entitlement from any unallocated 2013 quota.
The regulatory impact analysis conducted in line with Office of Best Practice Regulation guidelines indicates the changes would have low or no impact on businesses (OBPR ID 14859).
Explanation of Amendments
The amendment allows for any unallocated 2013 quota to be redistributed to 2012 erga omnes exporters. The amount so redistributed to be at the Secretary of the Department of Agriculture, Fisheries and Forestry’s discretion but to be no more than was shipped under erga omnes conditions. After redistributing the erga omnes component, any remaining unallocated quota is to be made available to eligible exporters in accordance with first-come-first-served rules set out in Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union – Quota Year 2013) Order 2012.
Human Rights Compatibility Statement
The amendments to the Order are 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.
The amendment to the order does not raise any human rights issues as its focus is on ensuring fair and equitable distribution of unallocated quota. It does not affect other quota holders who have already received their full entitlement. The compatibility statement is attached.
STATEMENT OF COMPATIBILITY FOR A BILL OR LEGISLATIVE INSTRUMENT THAT DOES NOT RAISE ANY HUMAN RIGHTS ISSUES
This material is provided to persons who have a role in Commonwealth legislation, policy and programs as general guidance only and is not to be relied upon as legal advice. Commonwealth agencies subject to the Legal Services Directions 2005 requiring legal advice in relation to matters raised in connection with this template must seek that advice in accordance with the Directions.
This material is provided to persons who have a role in Commonwealth legislation, policy and programs as general guidance only and is not to be relied upon as legal advice. Commonwealth agencies subject to the Legal Services Directions 2005 requiring legal advice in relation to matters raised in connection with this template must seek that advice in accordance with the Directions.