Overview

The Australian Meat and Livestock Industry (Sheepmeat and Goatmeat Export to the European Union – Quota Year 2013) Amendment Order 2013 (No.1), enacted under the Australian Meat and Livestock Industry Act 1997, was introduced to address a specific issue regarding the allocation of quota for sheepmeat and goatmeat exports to the European Union. The Australian Government Department of Agriculture, Fisheries and Forestry, as the administering body, sought to provide a fair and orderly operating environment for Australian exporters. The order was enacted in response to technical difficulties preventing the inclusion of erga omnes shipments in the 80 percent weighted quota, as previously promised to the industry. The policy objective of the amendment is to redistribute any unallocated 2013 quota to 2012 erga omnes exporters, ensuring that their expectations and business plans are not adversely affected, while also making the remaining quota available to other eligible exporters on a first-come-first-served basis.

Scope and Application

The Australian Meat and Livestock Industry (Sheepmeat and Goatmeat Export to the European Union – Quota Year 2013) Amendment Order 2013 (No. 1) applies to the Australian sheepmeat and goatmeat industry and pertains to the export of these products to the European Union. The Order is designed to manage and administer the quota allocated for Australian sheepmeat and goatmeat exports to the EU under the Australian Meat and Livestock Industry Act 1997 and the Australian Meat and Livestock (Quotas) Act 1990. It addresses the allocation of a specific quota of 19,186 tonnes for the 2013 quota year, ensuring that this is distributed fairly among eligible exporters. The Order also manages the global quota known as erga omnes, with certain shipments weighted differently in quota entitlement calculations. The primary objective is to provide a structured and equitable system for quota allocation, particularly in light of technical difficulties that prevented certain erga omnes shipments from being included in the 80 percent weighted in-quota shipments as initially intended. The amendment allows for unallocated 2013 quota to be redistributed to exporters who shipped under erga omnes conditions in 2012, up to the amount they exported under those conditions. Any remaining unallocated quota is then made available to eligible exporters on a first-come-first-served basis. The geographic reach of the Order is national, as it pertains to Australian exports to the EU and involves federal legislation. There are no stated exclusions, but the primary focus is on ensuring the fair and orderly distribution of the quota among the industry participants.

Key Provisions

The Australian Meat and Livestock Industry (Sheepmeat and Goatmeat Export to the European Union – Quota Year 2013) Amendment Order 2013 (No. 1) primarily modifies the allocation and distribution of the 2013 quota for Australian sheepmeat and goatmeat exports to the European Union. Under Section 17 of the Australian Meat and Livestock Industry Act 1997, the Secretary of the Department of Agriculture, Fisheries and Forestry has the authority to establish a quota allocation scheme. The main operative sections of this order involve the redistribution of unallocated 2013 quota to exporters who shipped under erga omnes conditions in 2012. This redistribution is to be done at the Secretary’s discretion but cannot exceed the amount shipped under erga omnes conditions in 2012 (Section 3). After redistributing the erga omnes component, any remaining unallocated quota is to be made available to eligible exporters in accordance with the first-come-first-served rules set out in the Australian Meat and Livestock Industry (Sheepmeat and Goatmeat Export to the European Union – Quota Year 2013) Order 2012 (Section 4). The obligations imposed by this order on the parties and entities it governs include the redistribution of quota in a fair and equitable manner, ensuring that exporters who shipped under erga omnes conditions in 2012 receive a one-off extra entitlement from any unallocated 2013 quota. The Department of Agriculture, Fisheries and Forestry is tasked with managing this redistribution process, adhering to the specified criteria and ensuring that any remaining quota is allocated according to established rules. This involves meticulous record-keeping and transparent communication with exporters to manage expectations and provide clarity on the allocation process. The order does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. However, the underlying statutes, the Australian Meat and Livestock Industry Act 1997 and the Australian Meat and Livestock (Quotas) Act 1990, provide a framework within which breaches could lead to enforcement actions. Typically, breaches of such legislative instruments could result in penalties, fines, or other legal consequences as prescribed by the relevant Acts. The exact penalties would depend on the nature and severity of the breach, as outlined in the primary legislation. The regulatory impact analysis conducted indicates that the changes would have a low or no impact on businesses, suggesting that the administrative adjustments are intended to be manageable within existing operational frameworks.