Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2015
20Reduction of allocation of quota entitlement by preceding year penalty amount
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20 Reduction of allocation of quota entitlement by preceding year penalty amount
Preceding year penalty amount—quota year starting on 1 July 2014 (1) If: (a) an exporter has, on 2 June 2015, an unused portion of a quota entitlement: (i) for the quota year starting on 1 July 2014; and (ii) allocated to the exporter under a former EU high quality beef order or this instrument; and (b) the unused portion is more than 5% of the exporter’s total quota entitlement for the quota year; the unused portion is the exporter’s preceding year penalty amount for the following quota year. Preceding year penalty amount—later quota years (2) If: (a) an exporter has, on 16 May in a quota year starting on or after 1 July 2015, an unused portion of a quota entitlement: (i) for the quota year; and (ii) allocated to the exporter under a former EU high quality beef order or this instrument; and (b) the unused portion is more than 7.5% of the exporter’s total quota entitlement for the quota year; the unused portion is the exporter’s preceding year penalty amount for the following quota year. Reduction of unused portion by preceding year penalty amount (3) If: (a) an exporter has been allocated a quota entitlement for a quota year; and (b) the exporter has a preceding year penalty amount for the quota year; the Secretary must reduce any unused portion of that quota entitlement by the preceding year penalty amount.
Note 1: This subsection means that an exporter’s unused allocated quota entitlement for a quota year will be reduced by any preceding year penalty amount that the exporter has for the quota year, worked out under subsection (1) or (2).
Note 2: An application for review may be made to the Administrative Appeals Tribunal in relation to a decision by the Secretary to vary a quota entitlement: see section 30 of the Act.
(4) If the Secretary reduces an exporter’s quota entitlement for a quota year under subsection (3), the Secretary must give the exporter a notice that states the shipped weight of quota meat that the exporter is entitled to export under the reduced quota entitlement.