Export Quotas Legislation Amendment Order 2016

Administered by Department of Agriculture

Legislation au F2016L01423 Not in force Legislative Instrument

Legislation content

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and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014 is redundant and needs to be repealed.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

 

 

 

 

Overview

The Export Quotas Legislation Amendment Order 2016 was enacted to streamline and consolidate the administrative arrangements for export quotas under the Export Control Act 1982 and the Australian Meat and Live-stock Industry Act 1997. This order was introduced in response to the Export Control Amendment (Quotas) Act 2015, which aimed to unify the regulatory framework for tariff rate export quotas across various commodities. The purpose of this legislative amendment is to repeal the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014, and to make minor amendments to 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 to accommodate changes in the quota system administration. The order was made under the authority of section 17 of the Australian Meat and Live-stock Industry Act 1997 and section 23A of the Export Control Act 1982, and it was developed in consultation with industry stakeholders to ensure a smooth transition to the new regulatory environment.

Scope and Application

The Export Quotas Legislation Amendment Order 2016 applies to entities involved in the export of Australian meat products, specifically targeting beef and high-quality beef exports to the United States and the European Union, as well as sheepmeat and goatmeat exports to the European Union. This order is made under the authority of the Australian Meat and Livestock Industry Act 1997 and the Export Control Act 1982, and is applicable across the Commonwealth of Australia. The order seeks to streamline the administrative arrangements for tariff rate quotas by repealing the Australian Meat and Livestock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014 and amending 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 to incorporate changes necessitated by the Export Control Amendment (Quotas) Act 2015. The order does not introduce significant changes to the way quotas are administered but rather aligns existing quota arrangements under the newly created section 23A of the Export Control Act 1982. The order also ensures compliance with human rights as stipulated by the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Export Quotas Legislation Amendment Order 2016 (the Order) contains several key provisions, as outlined in sections 1 to 4. Section 1 establishes the name of the Order as the Export Quotas Legislation Amendment Order 2016. Section 2 specifies that Schedule 1 of the Order will commence on the day after the instrument is registered, while Schedule 2 will commence on 1 January 2017. Section 3 states that the Order is made under section 17 of the Australian Meat and Livestock Industry Act 1997 and section 23A of the Export Control Act 1982. Finally, section 4 clarifies that the schedules to the Order amend or repeal the specified instruments as outlined in the Schedules, with any other items taking effect according to their terms. The Order imposes obligations on the parties or entities it governs by amending existing quota legislation to align with the new administrative arrangements introduced by the Export Control Amendment (Quotas) Act 2015. Specifically, the Order amends 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 to allow for computer systems to make decisions relating to quota. Additionally, the Order repeals the Australian Meat and Livestock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014, as it is now redundant under the new legislative framework. The Order does not create any new offences or penalties, as it primarily involves amendments to existing quota legislation and the repeal of an outdated Order. However, it is worth noting that any breach of the amended Orders or non-compliance with the new administrative arrangements may result in civil or administrative consequences, such as fines or other penalties, as outlined in the relevant primary legislation. The maximum penalties for breaches of the Australian Meat and Livestock Industry Act 1997 and the Export Control Act 1982 may vary depending on the specific provision breached and the circumstances of the offence. It is essential for the governed parties or entities to adhere to the updated administrative arrangements to avoid any potential consequences.

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Area of Law
Export Control
Instrument
Order
Concepts
Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
Regulatory Standards
Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.