5Definitions

5 Definitions

(1) In this instrument:

access amount for quota meat for a quota year means the total shipped weight of quota meat that may be exported from Australia to a member country of the EU in the quota year at the EU reduced tariff for quota meat under Article 2(b) of the Commission Implementing Regulation (EU) No 593/2013, as in force from time to time.

AMLI Act means the Australian Meat and Live‑stock Industry Act 1997.

AMLI non‑standard quota entitlement of an exporter for a quota year means the entitlement of the exporter for the quota year that:

(a) relates to the export of quota meat to a member country of the EU; and
(b) was known as non‑standard quota entitlement under an instrument made under section 17 of the AMLI Act.

AMLI quota entitlement means an entitlement in relation to the export of quota meat to a member country of the EU the allocation of which was provided for by an instrument made under section 17 of the AMLI Act.

AMLI standard quota entitlement of an exporter for a quota year means the entitlement of the exporter for the quota year that:

(a) relates to the export of quota meat to a member country of the EU; and
(b) was known as standard quota entitlement under an instrument made under section 17 of the AMLI Act.

AMLI supplementary quota entitlement of an exporter for a quota year means the entitlement of the exporter for the quota year that:

(a) relates to the export of quota meat to a member country of the EU; and
(b) was known as supplementary quota entitlement under an instrument made under section 17 of the AMLI Act.

AMLI total quota entitlement of an exporter for a quota year means the total of the entitlements of the exporter for the quota year:

(a) that relate to the export of quota meat to a member country of the EU; and
(b) whose allocation was provided for by an instrument made under section 17 of the AMLI Act.

approved form means a form approved by the Secretary under section 41.

consignment means a single shipment (by sea or air) of quota meat or grain fed high quality beef by an exporter to a single consignee.

EU means the European Union.

EU reduced tariff for grain fed high quality beef means the duty referred to in Article 1(1) of Commission Implementing Regulation (EU) No 481/2012, as in force from time to time.

EU reduced tariff for quota meat means the ad valorem customs duty set out in Article 1(3) of Commission Implementing Regulation (EU) No 593/2013, as in force from time to time.

EXDOC means the electronic documentation system maintained by the Department.

exporter means the holder of a licence issued under section 10 of the AMLI Act allowing the holder to export high quality beef to the EU.

FCFS tariff rate quota entitlement of an exporter for a quota year means the amount allocated to the exporter under subsection 24(1) as the exporter’s first‑come first‑served tariff rate quota entitlement for the quota year excluding any amount of that entitlement cancelled under subsection 27(1).

first year new entrant, in relation to a quota year, means an exporter who:

(a) was not allocated a tariff rate quota entitlement for any of the 3 preceding quota years; and
(b) was not a related entity of an exporter who had been allocated a tariff rate quota entitlement for any of those quota years.

grain fed high quality beef means meat that meets the description in Article 1(2) of Commission Implementing Regulation (EU) No 481/2012, as in force from time to time.

high quality beef means meat that meets the description in Article 2(b) of Commission Implementing Regulation (EU) No 593/2013, as in force from time to time.

initial decision means a decision referred to in subsection 37(1) or (2).

new entrant, in relation to a quota year, means an exporter who is:

(a) a first year new entrant in relation to the quota year; or
(b) a second year new entrant in relation to the quota year; or
(c) a third year new entrant in relation to the quota year.

non‑standard tariff rate quota entitlement of an exporter for a quota year means the amount (including a nil amount) allocated to the exporter under subsection 17(2) as the exporter’s non‑standard tariff rate quota entitlement for the quota year:

(a) as affected by any reduction under section 18; and
(b) excluding any amount of that entitlement cancelled under Division 5 of Part 2.

notional standard tariff rate quota entitlement has the meaning given by subsection 15(2).

preceding year penalty amount for a quota year has the meaning given by subsection 18(3) or (4).

quota meat means high quality beef other than:

(a) product for ships’ stores; or
(b) a product for which a tariff rate quota certificate issued under section 32 is not required by the European Commission.

Quota Unit means the section of the Department that is responsible for managing the systems of tariff rate quotas referred to in section 4.

quota year means a period of 12 months beginning on 1 July.

recorded shipments for an exporter means shipments made by the exporter as recorded by EXDOC.

request amount of an exporter for a quota year means the amount of standard tariff rate quota entitlement or non‑standard tariff rate quota entitlement for the quota year requested by the exporter in an application for the allocation of the entitlement.

second year new entrant, in relation to a quota year, means an exporter who:

(a) was allocated non‑standard tariff rate quota entitlement or AMLI non‑standard quota entitlement for the preceding quota year; and
(b) was not allocated a tariff rate quota entitlement or an AMLI quota entitlement for either of the 2 quota years immediately preceding the quota year referred to in paragraph (a); and
(c) was not a related entity of an exporter who had been allocated a tariff rate quota entitlement or an AMLI quota entitlement for either of the 2 quota years immediately preceding the quota year referred to in paragraph (a).

shipped weight of quota meat means the weight of the quota meat when it is loaded for shipment (whether it is bone‑in or boneless).

standard tariff rate quota entitlement of an exporter for a quota year means:

(a) the amount (including a nil amount) allocated to the exporter under subsection 17(1) as the exporter’s standard tariff rate quota entitlement for the quota year:
(i) as affected by any reduction under section 18; and
(ii) excluding any amount of that entitlement cancelled under Division 5 of Part 2; and
(iii) as affected by any transfer of standard tariff rate quota entitlement under Division 6 of Part 2; or
(b) if standard tariff rate quota entitlement for the quota year has been transferred under Division 6 of Part 2 to the exporter and the exporter is a new entrant for the quota year—the amount of standard tariff rate quota entitlement so transferred excluding any amount of that entitlement cancelled under Division 5 of Part 2.

standard tariff rate quota holder for a quota year means an exporter who has been allocated standard tariff rate quota entitlement for the quota year.

supplementary tariff rate quota entitlement of an exporter for a quota year means:

(a) the amount allocated to the exporter under subsection 21(1) as the exporter’s supplementary tariff rate quota entitlement for the quota year:
(i) excluding any amount of that entitlement cancelled under Division 5 of Part 2; and
(ii) as affected by any transfer of supplementary tariff rate quota entitlement under Division 6 of Part 2; or
(b) if supplementary tariff rate quota entitlement for the quota year has been transferred under Division 6 of Part 2 to the exporter and paragraph (a) does not apply in relation to the exporter—the amount of standard tariff rate quota entitlement of an exporter so transferred:
(i) excluding any amount of that entitlement cancelled under Division 5 of Part 2; and
(ii) as affected by any further transfers of supplementary tariff rate quota entitlement under Division 6 of Part 2.

tariff rate quota entitlement means any of the following entitlements:

(a) standard tariff rate quota entitlement;
(b) non‑standard tariff rate quota entitlement;
(c) supplementary tariff rate quota entitlement;
(d) FCFS tariff rate quota entitlement.

third year new entrant, in relation to a quota year, means an exporter who was allocated non‑standard tariff rate quota entitlement or AMLI non‑standard quota entitlement for each of the 2 quota years immediately preceding the quota year.

Note: See subsection (2) for when an exporter is not a third year new entrant in relation to a quota year.

total tariff rate quota entitlement of an exporter for a quota year means the total of the following entitlements of the exporter for the quota year:

(a) standard tariff rate quota entitlement;
(b) non‑standard tariff rate quota entitlement;
(c) supplementary tariff rate quota entitlement;
(d) FCFS tariff rate quota entitlement.

(2) If an exporter is a third year new entrant in relation to a quota year, then, despite the definition of third year new entrant in subsection (1), the exporter is not a third year new entrant in relation to the following quota year.