Export Quotas Legislation Amendment Regulation 2016

Administered by Department of Agriculture

Legislation au F2016L01623 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Issued by Authority of the Deputy Prime Minister and Minister for Agriculture and Water Resources

 

Australian Meat and Live-stock Industry Act 1997

Australian Meat and Live-stock (Quotas) Act 1990

Dairy Produce Act 1986

 

Export Quotas Legislation Amendment Regulation 2016

 

Legislative Authority

 

Section 74 of the Australian Meat and Live-stock Industry Act 1997, Section 9 of the Australian Meat and Live-stock Industry (Quotas) Act 1990, and Section 126 of the Dairy Produce Act 1986 provide that the Governor General may make regulations prescribing all matters required or permitted by these Acts to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to these Acts.

Under the authority of these Acts, the Governor-General has made the Australian Meat and Live-stock Industry Regulations 1998, Australian Meat and Live-stock Industry (Quotas) Regulations 2000 and the Dairy Produce Regulations 1986 respectively.

 

Under subsection 33(3) of the Acts Interpretation Act 1901 a power in an Act to make an instrument, such as a regulation, is construed as including a power to repeal any such instrument, among other things. 

 

Purpose

 

The purpose of the Export Quotas Legislation Amendment Regulation 2016 (the Regulation) is to amend or repeal the following regulations on 1 January 2017:

        Australian Meat and Live-stock Industry Regulations 1998 (Regulation 3 and 3A)

        Dairy Produce Regulations 1986 (Part 2 and Schedule 1A)

        Australian Meat and Live-stock Industry (Quotas) Regulations 2000 (entire regulation)

 

Repealing and amending these regulations will remove redundant legislation, given all quota subordinate legislation will reside as Orders under the Export Control Act 1982, as of 1 January 2017. It will also ensure quota can only be administered under one head of power.

 

Background

 

Where export tariff rate quotas are established by trade agreements Australia seeks to manage the quotas in order to offer exporters the maximum concessions possible on agricultural products. For example, eight new quotas introduced under the Japan-Australia Economic Partnership Agreement saved exporters approximately $9 million in tariffs in 2015.

 

Australia administers quotas in a way that:

  • minimises market distortion from quota administration
  • minimises regulatory intervention and barriers to exporting
  • optimises the commercial value and use of the quota
  • ensures consistent, transparent and efficient administration
  • considers commercial arrangements, and
  • rewards market development.

The Export Control Amendment (Quotas) Act 2015 (the Quotas Act), which received royal assent on 11 December 2015, enables the Secretary to make orders providing for, or in relation to, the establishment and administration of a system, or systems, of tariff rate quotas for the export of goods. Orders may be made to cover goods currently subject to quota regulation but could cover any other goods that quotas may apply to in the future. The Quotas Act complements the government’s strategic approach for capturing premium markets outlined in the Agricultural Competitiveness White Paper and builds on the gains from recent free trade agreements with our major trading partners.

 

Following the enactment of this legislation, legislative instruments governing red meat and dairy quotas were remade to sit under section 23A of the Export Control Act 1982. Due to the transition of these arrangements, it is necessary to repeal the provisions of the Australian Meat and Live-stock Industry Regulations 1998, the Australian Meat and Live-stock Industry (Quotas) Regulations 2000 and the Dairy Produce Regulations 1986 that previously governed red meat and dairy quotas.

 

Impact and Effect

 

Repealing these regulations will remove redundant legislation, given all quota subordinate legislation will reside as Orders under the Export Control Act 1982, as of 1 January 2017. It will also ensure quota can only be administered under one head of power.

 

Consultation

The department consulted the affected quota industries through their peak industry bodies 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 Regulation 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 Regulation is a legislative instrument for the purposes of the Legislation Act 2003.

 

 


Details of the Export Quotas Legislation Amendment Regulation 2016

 

Section 1 – Name

This section would provide that the name of the proposed Regulation is the Export Quotas Legislation Amendment Regulation 2016.

 

Section 2 – Commencement

This section would provide for the proposed Regulation to commence on 1 January 2017.

 

Section 3 – Authority

This section would provide for the proposed Regulation to be made under the Australian Meat and Live-stock Industry Act 1997, the Australian Meat and Live-stock Industry (Quotas) Act 1990 and the Dairy Produce Act 1986.

 

Section 4 – Schedules

This section would operate in accordance with Schedule 1 and Schedule 2 of the proposed Regulation to repeal or amend the following instruments:

 

  • Australian Meat and Live-stock Industry Regulations 1998 (Regulation 3 and 3A)
  • Dairy Produce Regulations 1986 (Part 2 and Schedule 1A).
  • Australian Meat and Live-stock Industry (Quotas) Regulations 2000 (entire regulation)

 

 

 

 


Attachment A

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Agriculture Legislation Amendment (Quotas) Regulation 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 Agriculture Legislation Amendment (Quotas) Regulation 2016 (the Regulation) repeals the following regulations:

        Australian Meat and Live-stock Industry Regulations 1998 (Regulation 3 and 3A)

        Dairy Produce Regulations 1986 (Part 2 and Schedule 1A)

        Australian Meat and Live-stock Industry (Quotas) Regulations 2000 (entire regulation)

 

Repealing these regulations will remove redundant legislation, given all quota subordinate legislation will reside as Orders under the Export Control Act 1982, as of 1 January 2017. It will also ensure quota can only be administered under one head of power.

 

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.

 

 

The Hon. Barnaby Joyce MP

Deputy Prime Minister and Minister for Agriculture and Water Resources

 

 

 

 

Overview

The Export Quotas Legislation Amendment Regulation 2016 was introduced to address the redundancy of certain regulations governing export quotas for meat and dairy products in Australia. Enacted under the authority of the Australian Meat and Livestock Industry Act 1997, the Australian Meat and Livestock (Quotas) Act 1990, and the Dairy Produce Act 1986, this regulation was issued by the Deputy Prime Minister and Minister for Agriculture and Water Resources. The primary objective of this regulation is to repeal and amend existing subordinate legislation to ensure that all quota regulations are managed under a single legal framework, specifically as Orders under the Export Control Act 1982. This consolidation aims to streamline the administration of export quotas, thereby reducing regulatory complexity and enhancing the efficiency of quota management. The regulation seeks to eliminate outdated and redundant legislation by repealing the Australian Meat and Livestock Industry Regulations 1998, the Dairy Produce Regulations 1986, and the Australian Meat and Livestock Industry (Quotas) Regulations 2000. These changes are set to take effect from 1 January 2017, aligning with the new administrative structure established by the Export Control Amendment (Quotas) Act 2015. This transition ensures that quota administration is conducted under a unified legal authority, thereby improving the effectiveness and transparency of quota management in the agricultural export sector.

Scope and Application

The Export Quotas Legislation Amendment Regulation 2016 applies to the Australian meat and livestock, and dairy industries, specifically targeting the Australian Meat and Livestock Industry Regulations 1998, the Australian Meat and Livestock Industry (Quotas) Regulations 2000, and the Dairy Produce Regulations 1986. These regulations were previously used to manage export quotas but will be repealed as of 1 January 2017, as all quota-related legislation will now be governed under the Export Control Act 1982. This change ensures streamlined administration and regulation of export quotas under a single legislative framework. The regulation is applicable across Australia and is made under the authority of the Australian Meat and Livestock Industry Act 1997, the Australian Meat and Livestock Industry (Quotas) Act 1990, and the Dairy Produce Act 1986. The regulation does not provide any specific exclusions or exemptions but rather consolidates existing quota regulations into a new legislative framework. The regulation's purpose is to repeal or amend existing quota regulations to align with the Export Control Amendment (Quotas) Act 2015, ensuring efficient and effective administration of export quotas in line with international trade agreements.

Key Provisions

The main operative sections of the Export Quotas Legislation Amendment Regulation 2016 (the Regulation) include Section 1, which provides the name of the proposed Regulation, and Section 2, which specifies that the Regulation will commence on 1 January 2017. Section 3 outlines the legislative authority for the Regulation, made under the Australian Meat and Live-stock Industry Act 1997, the Australian Meat and Live-stock Industry (Quotas) Act 1990, and the Dairy Produce Act 1986. Section 4 details the schedules that repeal or amend the Australian Meat and Live-stock Industry Regulations 1998 (Regulations 3 and 3A), the Dairy Produce Regulations 1986 (Part 2 and Schedule 1A), and the Australian Meat and Live-stock Industry (Quotas) Regulations 2000 (entire regulation). The Act imposes several obligations on the parties and entities it governs. It requires the repeal of existing regulations governing export quotas for meat and dairy products, ensuring that all quota administration will reside under the Export Control Act 1982 as Orders. This repeal removes redundant legislation and ensures that quotas can only be administered under one head of power, streamlining the regulatory framework. Entities involved in the export of meat and dairy products must adapt to the new regulatory environment by 1 January 2017, aligning their operations with the provisions of the Export Control Act 1982. The Regulation includes provisions for offences and penalties, although specific penalties are not detailed in the explanatory statement. Breaches of the Regulation could lead to civil or criminal consequences, depending on the nature of the offence and the specific provisions of the Export Control Act 1982 under which the quota administration now falls. Entities and individuals involved in quota administration are expected to comply with the new legislative framework to avoid potential legal repercussions. In conclusion, the Export Quotas Legislation Amendment Regulation 2016 aims to streamline and modernise the administration of export quotas for meat and dairy products by repealing outdated regulations and ensuring all quota administration falls under the Export Control Act 1982. This change simplifies the regulatory environment and ensures consistency in quota management. Parties and entities must adapt to these changes to avoid non-compliance, which could result in civil or criminal penalties under the new legislative framework.

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International Trade Law
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Regulation
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Repeal & Amendment
Reporting & Disclosure 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.