EXPLANATORY STATEMENT
Australian Meat and Live-stock Industry Act 1997
Export Control Act 1982
Export Quotas Legislation Amendment 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 Export Quotas Legislation Amendment Order 2016 (the order) is made under section 17 of the Australian Meat and Live-stock Industry Act 1997 and section 23A of the Export Control Act 1982.
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, and section 19 of the Export Control Act 1982 on 3 March 2016.
Purpose
The purpose of the order is to amend the Export Control (Beef Export to the USA Tariff Rate Quota) Order 2016 and the Export Control (High Quality Beef Export to the European Union Tariff Rate Quotas) Order 2016, as well as repeal the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014.
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 (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quota) Order 2016 has been made. Therefore, the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014 is redundant and needs to be repealed.
Impact and Effect
The order repeals the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014 from 1 January 2017, and amends both the Export Control (Beef Export to the USA Tariff Rate Quota) Order 2016 and the Export Control (High Quality Beef Export to the European Union Tariff Rate Quotas) Order 2016 the day after the instrument is registered. The impact of the order is minimal as it is repealing the old order that governs EU sheepmeat and goatmeat quota, and is amending two existing orders to allow for computer systems to make decisions relating to quota. This amendment has a minimal impact, as the change does not affect the way in which the quotas are administered.
Consultation
The department consulted the EU Sheepmeat and Goatmeat 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 Export Quotas Legislation Amendment Order 2016.
Section 1 – Name
This section provides that the name of the order is the Export Quotas Legislation Amendment Order 2016.
Section 2 – Commencement
This section provides for schedule 1 to the order to commence on the day after the instrument is registered and for schedule 2 to commence on 1 January 2017.
Section 3 – Authority
This section provides that the order is made under section 17 of the Australian Meat and Live-stock Industry Act 1997 and section 23A of the Export Control Act 1982.
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–Amendment
Export Control (Beef Export to the USA Tariff Rate Quota) Order 2016
Item 1–After Part 4
This item provides for the addition of Part 4A – Miscellaneous, Section 19A (1)&(2) Decisions made by computer.
Export Control (High Quality Beef Export to the European Union Tariff Rate Quotas) Order 2016
Item 2–At the end of the instrument
This item provides for the addition of section 42 (1)&(2) Decisions made by computer.
Schedule 2–Repeals
Item 1–The Whole of the Order
This item provides the repeal of the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014.
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Export Quotas Legislation Amendment 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 Export Quotas Legislation Amendment Order 2016 is to repeal the current administrative arrangements for the system of tariff rate quotas for the export of sheepmeat and goatmeat quota goods from Australia to the EU, as well as make amendments to both the Export Control (Beef Export to the USA Tariff Rate Quota) Order 2016 and Export Control (High Quality Beef Export to the European Union Tariff Rate Quotas) Order 2016.
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.
Jenny Cupit
Assistant Secretary
Residues and Food Branch
Exports Division
Department of Agriculture and Water Resources