Division Division 3 - Export Control (High Quality Beef Export to the European Union Tariff Rate Quotas) Order 2016 - Allocation of supplementary tariff rate quota entitlements | Zoe
Export Control (High Quality Beef Export to the European Union Tariff Rate Quotas) Order 2016
Division 3Allocation of supplementary tariff rate quota entitlements
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This is the Export Control (High Quality Beef Export to the European Union Tariff Rate Quotas) Order 2016.
3 Authority
This instrument is made under section 23A of the Export Control Act 1982.
4 Purpose of this instrument
This instrument provides for, and in relation to, the establishment and administration of:
(a) a system of tariff rate quotas for the export from Australia to a member country of the EU of quota meat at the EU reduced tariff for quota meat in a quota year beginning on or after 1 July 2016; and
(b) a system of tariff rate quotas for the export from Australia to a member country of the EU of grain fed high quality beef at the EU reduced tariff for grain fed high quality beef in a quota year beginning on or after 1 July 2016.
Note: A certain weight of quota meat and grain fed high quality beef may be exported to a member country of the EU at a reduced tariff rate. Quota meat and grain fed high quality beef must be covered by a tariff rate quota certificate issued under this instrument to be eligible for the reduced tariff. A higher tariff rate may apply to quota meat and grain fed high quality beef exported to a member country of the EU and not covered by such a tariff rate quota certificate.
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:
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:
(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.
6 Related bodies corporate
In this instrument, the question of whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined for the purposes of the Corporations Act 2001.
7 Use of tariff rate quota entitlement
In this instrument, an amount of tariff rate quota entitlement for a quota year is taken to have been used when a tariff rate quota certificate for the export from Australia to a member country of the EU of a consignment of quota meat in the quota year is issued under section 32 in respect of a shipped weight of quota meat equivalent to the amount of the entitlement.
8 Time
A reference in this instrument to a particular time is a reference to the legal time in the Australian Capital Territory.
Part 2—System of tariff rate quotas for quota meat
Division 1—General
9 Purpose of this Part
This Part provides for a system of tariff rate quotas for the export from Australia to a member country of the EU of quota meat at the EU reduced tariff for quota meat.
Division 2—Allocation of standard and non‑standard tariff rate quota entitlements
Subdivision A—Total amount of standard and non‑standard tariff rate quota entitlements for allocation
10 Total amount of standard and non‑standard tariff rate quota entitlements for allocation
(1) The total amount of standard tariff rate quota entitlements for a quota year that may be allocated by the Secretary in accordance with this Division to exporters (other than new entrants in relation to the quota year) must not exceed the amount worked out by subtracting 500 tonnes from the access amount for the quota year.
(2) The total amount of non‑standard tariff rate quota entitlements for a quota year that may be allocated by the Secretary in accordance with this Division to new entrants in relation to the quota year must not exceed 500 tonnes.
(3) If the total amount of non‑standard tariff rate quota entitlements for a quota year allocated to new entrants in relation to the quota year is less than 500 tonnes, the unallocated amount may be allocated to certain standard tariff rate quota holders for the quota year by the Secretary in accordance with this Division.
Subdivision B—Eligibility for standard and non‑standard tariff rate quota entitlements
11 Standard tariff rate quota entitlement—eligibility for allocation to exporters other than new entrants
(1) Subject to section 14, an exporter is eligible to be allocated standard tariff rate quota entitlement for a quota year if:
(a) the exporter is not a new entrant in relation to the quota year; and
(b) the exporter has applied to the Secretary for an allocation of standard tariff rate quota entitlement for the quota year before close of business on 16 May of the calendar year in which the quota year starts; and
(c) the application includes a request amount of the exporter for the quota year.
Note: If the exporter’s notional standard tariff rate quota entitlement is less than 1 tonne, the exporter’s standard tariff rate quota entitlement will be nil (see paragraph 15(1)(b)).
(2) An application for the allocation of standard tariff rate quota entitlement for a quota year must be made in the approved form and given to the Quota Unit.
12 Non‑standard tariff rate quota entitlement—eligibility for allocation to new entrants
(1) Subject to section 14, an exporter is eligible to be allocated non‑standard tariff rate quota entitlement for a quota year if:
(a) the exporter is a new entrant in relation to the quota year; and
(b) if the exporter is a second year new entrant, or a third year new entrant, in relation to the quota year—the exporter did not in the preceding quota year export more than the shipped weight of quota meat:
(i) if the preceding quota year started on 1 July 2015—shown in approvals given to the exporter under the Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 2015 for that year; or
(ii) otherwise—stated in tariff rate quota certificates issued under section 32 to the exporter for that year; and
(c) the exporter has applied to the Secretary for an allocation of non‑standard tariff rate quota entitlement before close of business on 16 May of the calendar year in which the quota year starts; and
(d) the application includes a request amount of the exporter for the quota year of not more than 36 tonnes.
(2) An application for the allocation of non‑standard tariff rate quota entitlement for a quota year must be made in the approved form and given to the Quota Unit.
13 Non‑standard tariff rate quota entitlement—eligibility for allocation to standard tariff rate quota holders following allocation to new entrants
(1) This section applies if:
(a) the process for the allocation of non‑standard tariff rate quota entitlements for a quota year to exporters eligible under section 12 has been completed; and
(b) the total amount of non‑standard tariff rate quota entitlements for the quota year allocated to such exporters is less than 500 tonnes.
(2) Subject to section 14, an exporter is eligible to be allocated non‑standard tariff rate quota entitlement for the quota year if:
(a) the exporter is a standard tariff rate quota holder for the quota year; and
(b) the exporter was a third year new entrant in relation to either of the 2 preceding quota years; and
(c) the amount of standard tariff rate quota entitlement allocated to the exporter was less than the exporter’s request amount for the quota year; and
(d) the standard tariff rate quota entitlement of the exporter for the quota year is not more than 36 tonnes.
14 Circumstances in which an exporter is not eligible to be allocated standard or non‑standard tariff rate quota entitlement
An exporter is not eligible to be allocated standard tariff rate quota entitlement or non‑standard tariff rate quota entitlement for a quota year if:
(a) in any of the 3 preceding quota years (the relevant preceding quota year), the exporter transferred 50% or more of the combined amount of:
(i) the exporter’s standard tariff rate quota entitlement or AMLI standard quota entitlement for the relevant preceding quota year; and
(ii) the exporter’s supplementary tariff rate quota entitlement or AMLI supplementary quota entitlement (if any) for the relevant preceding quota year; or
(b) in any 2 consecutive quota years of the 4 preceding quota years, the exporter transferred 33% or more of the exporter’s combined:
(i) standard tariff rate quota entitlement; and
(ii) AMLI standard quota entitlement; and
(iii) supplementary tariff rate quota entitlement (if any); and
(iv) AMLI supplementary quota entitlement (if any);
for those 2 consecutive quota years.
Note: This provision has the effect that an exporter will not be eligible to be allocated standard tariff rate quota entitlement or non‑standard tariff rate quota entitlement for 3 quota years if either paragraph (a) or (b) applies.
Subdivision C—Allocation of standard and non‑standard tariff rate quota entitlements
15 Working out amount of standard and non‑standard tariff rate quota entitlements—exporters other than new entrants
Standard tariff rate quota entitlement
(1) If an exporter is eligible to be allocated standard tariff rate quota entitlement for a quota year under section 11, the Secretary must use the following rules to work out the exporter’s standard tariff rate quota entitlement for the quota year:
(a) if the exporter’s notional standard tariff rate quota entitlement for the quota year is more than the exporter’s request amount for the quota year—the exporter’s standard tariff rate quota entitlement for the quota year is that request amount;
(b) if the exporter’s notional standard tariff rate quota entitlement for the quota year is less than 1 tonne—the exporter’s standard tariff rate quota entitlement for the quota year is nil;
(c) if neither paragraph (a) nor (b) applies—the exporter’s standard tariff rate quota entitlement for the quota year is the exporter’s notional standard tariff rate quota entitlement for the quota year.
(2) The amount worked out by the Secretary using the following formula is the exporter’s notional standard tariff rate quota entitlement for a quota year:
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where:
ERS is the total weight of the exporter’s recorded shipments of high quality beef to the EU in the period:
(a) starting on 1 May of a year that is 38 months before the start of the quota year; and
(b) ending on 30 April of the calendar year in which the quota year starts.
TRS is the total weight of all exporters’ recorded shipments of high quality beef to the EU in the period:
(a) starting on 1 May of a year that is 38 months before the start of the quota year; and
(b) ending on 30 April of the calendar year in which the quota year starts.
Non‑standard tariff rate quota entitlement
(3) If the exporter is eligible to be allocated non‑standard tariff rate quota entitlement for a quota year under section 13, the Secretary must use the following rules to work out the exporter’s non‑standard tariff rate quota entitlement for the quota year:
(a) if the exporter received an allocation of standard tariff rate quota entitlement for the quota year that was the exporter’s request amount for the quota year—the exporter’s non‑standard tariff rate quota entitlement for the quota year is nil;
(b) subject to paragraph (c), if the exporter received an allocation of standard tariff rate quota entitlement for the quota year that was less than the exporter’s request amount for the quota year—the exporter’s non‑standard tariff rate quota entitlement for the quota year is that request amount less the amount of the exporter’s standard tariff rate quota entitlement for the quota year;
(c) the combined allocation to the exporter of standard tariff rate quota entitlement for the quota year and non‑standard tariff rate quota entitlement for the quota year must not exceed 36 tonnes.
16 Working out amount of non‑standard tariff rate quota entitlements—new entrants
(1) If an exporter is eligible for the allocation of non‑standard tariff rate quota entitlement for a quota year under section 12, the Secretary must use the following rules to work out the exporter’s non‑standard tariff rate quota entitlement for the quota year:
(a) if the exporter’s request amount for the quota year is 12 tonnes or less—the exporter’s non‑standard tariff rate quota entitlement for the quota year is that request amount;
(b) if:
(i) the exporter’s request amount for the quota year is more than 12 tonnes; and
(ii) the yearly average of the exporter’s recorded shipments of high quality beef to the EU for each of the previous 2 quota years is less than that request amount;
the exporter’s non‑standard tariff rate quota entitlement for the quota year is 12 tonnes;
(c) if:
(i) the exporter’s request amount for the quota year is more than 12 tonnes; and
(ii) the yearly average of the exporter’s recorded shipments of high quality beef to the EU for each of the previous 2 quota years is at least that request amount;
the exporter’s non‑standard tariff rate quota entitlement for the quota year is the lower of that request amount and 36 tonnes.
(2) However, if the total amount of non‑standard tariff rate quota entitlements for a quota year allocated to new entrants under subsection (1) would exceed 500 tonnes, the Secretary must reduce the non‑standard tariff rate quota entitlement allocated to each new entrant proportionally so that the total amount for the quota year does not exceed 500 tonnes.
17 Allocation of standard and non‑standard tariff rate quota entitlements
(1) The Secretary must allocate to an exporter the amount worked out for the exporter under subsection 15(1) as the exporter’s standard tariff rate quota entitlement for a quota year.
Note: The exporter’s standard tariff rate quota entitlement for a quota year may be reduced under section 18.
(2) The Secretary must allocate to an exporter the amount worked out under subsection 15(3) or section 16 as the exporter’s non‑standard tariff rate quota entitlement for a quota year.
Note: The exporter’s non‑standard tariff rate quota entitlement for a quota year may be reduced under section 18.
(3) If the Secretary allocates standard tariff rate quota entitlement or non‑standard tariff rate quota entitlement for a quota year to an exporter, the Secretary must give the exporter a written notice that states the shipped weight of quota meat that is equivalent to the amount of the entitlement.
18 Allocations must be reduced by preceding year penalty amount
(1) If:
(a) an exporter has been allocated standard tariff rate quota entitlement or non‑standard tariff rate quota entitlement but not both for a quota year; and
(b) the exporter has a preceding year penalty amount for the quota year;
the Secretary must reduce that entitlement by that preceding year penalty amount.
(2) If:
(a) an exporter has been allocated both standard tariff rate quota entitlement and non‑standard tariff rate quota entitlement for a quota year; and
(b) the exporter has a preceding year penalty amount for the quota year;
the Secretary must reduce the amount equal to the sum of those entitlements by that preceding year penalty amount.
Preceding year penalty amount for quota year starting on 1 July 2016
(3) If:
(a) on 16 May 2016, an exporter has not used all of the exporter’s AMLI total quota entitlement for the quota year starting on 1 July 2015; and
(b) the unused portion is more than 7.5% of the exporter’s AMLI total quota entitlement for that quota year;
the unused portion is the exporter’s preceding year penalty amount for the quota year starting on 1 July 2016.
Preceding year penalty amount for quota years starting on 1 July 2017 or later
(4) If:
(a) on 16 May in a quota year starting on 1 July 2016 or later, an exporter has not used all of the exporter’s total tariff rate quota entitlement for the quota year; and
(b) the unused portion is more than 7.5% of the exporter’s total tariff rate quota entitlement for the quota year;
the unused portion is the exporter’s preceding year penalty amount for the following quota year.
Notice of reduced entitlement
(5) If the Secretary makes a reduction in relation to an entitlement of an exporter for a quota year under subsection (1) or (2), the Secretary must give the exporter a written notice that states the shipped weight of quota meat that is equivalent to the amount of the reduced entitlement.
Division 3—Allocation of supplementary tariff rate quota entitlements
19 When supplementary tariff rate quota entitlements may be allocated
(1) If the total amount of standard tariff rate quota entitlements for a quota year allocated under Division 2 of this Part is less than 6 650 tonnes, the unallocated amount may be allocated by the Secretary in accordance with this Division as supplementary tariff rate quota entitlements for the quota year.
(2) If the total amount non‑standard tariff rate quota entitlements for a quota year allocated under Division 2 of this Part is less than 500 tonnes, the unallocated amount may be allocated by the Secretary in accordance with this Division as supplementary tariff rate quota entitlements for the quota year.
20 Eligibility for supplementary tariff rate quota entitlement
An exporter is eligible to be allocated supplementary tariff rate quota entitlement for a quota year if:
(a) the exporter is a standard tariff rate quota holder for the quota year; and
(b) the amount of standard tariff rate quota entitlement allocated to the exporter for the quota year:
(i) is less than the exporter’s request amount for that year; and
(ii) has not been reduced under section 18; and
(c) the exporter is not eligible under section 13 to be allocated non‑standard tariff rate quota entitlement for the quota year.
21 Allocation of supplementary tariff rate quota entitlement
(1) If an exporter is eligible under section 20 to be allocated supplementary tariff rate quota entitlement for a quota year, the Secretary must allocate an amount as the exporter’s supplementary tariff rate quota entitlement for the quota year.
(2) The amount allocated under subsection (1) as an exporter’s supplementary tariff rate quota entitlement for a quota year must not be more than the amount worked out by subtracting:
(a) the amount of standard tariff rate quota entitlement allocated to the exporter for the quota year; from
(b) the exporter’s request amount for that year.
(3) In determining the amount to allocate under subsection (1) as an exporter’s supplementary tariff rate quota entitlement for a quota year, the Secretary must take the following into account:
(a) the exporter’s recorded shipments of high quality beef over the previous 3 quota years;
(b) the total amount that is available to be allocated under this Division as supplementary tariff rate quota entitlements for the quota year;
(c) the demand for the allocation of supplementary tariff rate quota entitlements for the quota year.
(4) If the Secretary allocates supplementary tariff rate quota entitlement for a quota year to an exporter, the Secretary must give the exporter a written notice that states the shipped weight of quota meat that is equivalent to the amount of the entitlement.
Division 4—Allocation of FCFS tariff rate quota entitlements
22 When FCFS tariff rate quota entitlements may be allocated
On or after 16 February in a quota year, the Secretary may allocate, in accordance with this Division, the following amounts as FCFS tariff rate quota entitlements for the quota year:
(a) if the unallocated amount referred to in subsection 19(1) or (2) was not all allocated under Division 3 of this Part—the remainder of that unallocated amount;
(b) any amount of tariff rate quota entitlement of an exporter for the quota year that has been cancelled under section 25, 26 or 27.
23 Eligibility for FCFS tariff rate quota entitlement
(1) An exporter is eligible to be allocated FCFS tariff rate quota entitlement for a quota year if:
(a) the exporter has applied to the Secretary for an allocation of FCFS tariff rate quota entitlement for the quota year before close of business on 15 February in the quota year; and
(b) the application includes an amount that the exporter has requested to be allocated to the exporter as FCFS tariff rate quota entitlement for the quota year; and
(c) no tariff rate quota entitlement of the exporter for the quota year has been cancelled under section 27.
(2) An application for the allocation of FCFS tariff rate quota entitlement for a quota year must be made in the approved form and given to the Quota Unit.
24 Allocation of FCFS tariff rate quota entitlement
(1) If an exporter is eligible under section 23 to be allocated FCFS tariff rate quota entitlement for a quota year, the Secretary must allocate an amount as the exporter’s first‑come first‑served tariff rate quota entitlement for the quota year.
(2) In determining the amount to allocate under subsection (1) as the exporter’s FCFS tariff rate quota entitlement for a quota year, the Secretary must take the following into account:
(a) the total amount that is available to be allocated under this Division as FCFS tariff rate quota entitlements for the quota year;
(b) the demand for the allocation of FCFS tariff rate quota entitlements for the quota year;
(c) the amount of FCFS tariff rate quota entitlement for the quota year requested by the exporter in the exporter’s application for the allocation of the entitlement.
(3) If the Secretary allocates FCFS tariff rate quota entitlement for a quota year to an exporter, the Secretary must give the exporter a written notice that states the shipped weight of quota meat that is equivalent to the amount of the entitlement.
Division 5—Cancellation of tariff rate quota entitlements
25 Relinquishment of unused tariff rate quota entitlement before 16 February
(1) An exporter may, at any time before 16 February in a quota year, make a declaration stating that the exporter relinquishes an amount of unused tariff rate quota entitlement of the exporter for the quota year.
(2) The declaration must be made in writing and given to the Quota Unit.
(3) If an exporter makes a declaration under subsection (1) in relation to a relinquished amount, the Secretary must cancel that amount.
26 Declaration of unused tariff rate quota entitlements
(1) An exporter must, before the end of 15 February in a quota year, make a declaration stating:
(a) how the exporter intends to deal with any tariff rate quota entitlements of the exporter for the quota year that will be unused at the end of 15 February in the quota year; and
(b) the amount of any unused tariff rate quota entitlements of the exporter for the quota year that the exporter relinquishes.
(2) The declaration must be made in writing and given to the Quota Unit.
(3) If an exporter makes a declaration under paragraph (1)(b) in relation to a relinquished amount, the Secretary must cancel that amount.
(4) If an exporter:
(a) has any unused tariff rate quota entitlements for a quota year at the end of 15 February in the quota year; and
(b) did not make a declaration in accordance with subsection (1) about the unused tariff rate quota entitlements;
the exporter’s unused tariff rate quota entitlements lapse at the start of 16 February in the quota year.
(5) The Secretary must cancel any unused tariff rate quota entitlement that lapses under subsection (4).
27 Cancellation of unused tariff rate quota entitlement
Non‑payment of fee or charge
(1) If:
(a) an exporter is required to pay the following in relation to the issue of a tariff rate quota certificate under section 32 for the export of a consignment of quota meat in a quota year:
(i) a fee imposed under the Export Control (Fees) Order 2015;
(ii) a charge prescribed by the Export Charges (Imposition—Customs) Regulation 2015;
(iii) a charge prescribed by the Export Charges (Imposition—General) Regulation 2015; and
(b) the exporter does not pay the fee or charge by the end of the day it is due and payable; and
(c) the exporter has not used all of the exporter’s total tariff rate quota entitlement for the quota year by the end of that day;
the Secretary may cancel the exporter’s unused total tariff rate quota entitlement for the quota year.
(2) If the Secretary cancels the exporter’s unused total tariff rate quota entitlement for the quota year under subsection (1), the Secretary must give the exporter a written notice that sets out:
(a) the terms of the decision; and
(b) the reasons for the decision; and
(c) particulars of the exporter’s right to have the decision reviewed under Part 4.
Export of less than 1 tonne of quota meat
(3) If:
(a) an exporter’s total tariff rate quota entitlement for a quota year is 1 tonne or more; and
(b) the exporter has used less than 1 tonne of the exporter’s total tariff rate quota entitlement by the end of 15 February in the quota year;
the exporter’s unused total tariff rate quota entitlement for the quota year is forfeited at the start of 16 February in the quota year.
Use of less than 25% of entitlement
(4) If an exporter has used less than 25% of the exporter’s total tariff rate quota entitlement for a quota year by the end of 15 February in the quota year, the exporter’s unused total tariff rate quota entitlement is forfeited at the start of 16 February in the quota year.
Cancellation of unused quota entitlement
(5) The Secretary must cancel any unused tariff rate quota entitlement that has been forfeited under subsection (3) or (4).
28 Entitlement that is cancelled under sections 26 and 27
If an exporter’s unused total tariff rate quota entitlement would, but for this section, be cancelled under sections 26 and 27, the unused total tariff rate quota entitlement is taken, for the purposes of this instrument, to have been cancelled under section 27 and not to have been cancelled under section 26.
Division 6—Transfer of tariff rate quota entitlements
29 Transferable tariff rate quota entitlements
(1) Subject to this Division, an exporter (the transferor) may transfer all or part of the transferor’s standard tariff rate quota entitlement or supplementary tariff rate quota entitlement for a quota year to another exporter (the transferee) if:
(a) the entitlement was allocated to the transferor under Division 2 or 3 of this Part; and
(b) no tariff rate quota entitlement of the transferor for the quota year has been cancelled under section 25, 26 or 27; and
(c) before completing the transfer, the transferor notifies the Quota Unit in writing of the following:
(i) the name of the transferor;
(ii) the name of the transferee;
(iii) the shipped weight, in kilograms, of the entitlement to be transferred.
(2) To avoid doubt, standard tariff rate quota entitlement and supplementary tariff rate quota entitlement for a quota year may be transferred to a new entrant in relation to the quota year.
Note 1: A new entrant in relation to the quota year cannot transfer any standard tariff rate quota entitlement or supplementary tariff rate quota entitlement transferred to the new entrant under this Division (see subsection 30(1)).
Note 2: See section 14 for the effect on an exporter’s eligibility to be allocated standard tariff rate quota entitlement or non‑standard tariff rate quota entitlement for a quota year if the exporter transferred an amount of the exporter’s tariff rate quota entitlement in a preceding quota year.
(1) The following kinds of tariff rate quota entitlements for a quota year are not transferable:
(a) non‑standard tariff rate quota entitlement of an exporter;
(b) standard tariff rate quota entitlement or supplementary tariff rate quota entitlement transferred under this Division to a new entrant in relation to the quota year;
(c) FCFS tariff rate quota entitlement of an exporter.
(2) An exporter must not transfer any of the exporter’s standard tariff rate quota entitlement or supplementary tariff rate quota entitlement for a quota year if the exporter was allocated non‑standard tariff rate quota entitlement for the quota year.
31 Transferable tariff rate quota entitlements that become non‑transferable
If an exporter is allocated FCFS tariff rate quota entitlement for a quota year, the exporter ceases to be entitled to transfer any of the exporter’s standard tariff rate quota entitlement or supplementary tariff rate quota entitlement for that quota year.
Division 7—Tariff rate quota certificates
32 Tariff rate quota certificates for quota meat
Application for tariff rate quota certificate
(1) An exporter who has a tariff rate quota entitlement for a quota year may apply to the Secretary for a tariff rate quota certificate for the export from Australia to a member country of the EU of a consignment of quota meat in the quota year.
(2) The application must be made by making an entry in EXDOC for the consignment of quota meat.
Issue of tariff rate quota certificate
(3) If an exporter applies under subsection (1) for a tariff rate quota certificate in relation to the export of a consignment of quota meat in a quota year, the Secretary must issue the certificate to the exporter if the sum of the following is not more than the exporter’s total tariff rate quota entitlement for the quota year:
(a) the total shipped weight of quota meat that has been exported by the exporter in the quota year;
(b) the shipped weight of the consignment of quota meat.
Effect of tariff rate quota certificate
(4) If a tariff rate quota certificate is issued before the start of a quota year and the certificate relates to the export of a consignment of quota meat in the quota year then the certificate has no effect before the start of that quota year.
(5) A tariff rate quota certificate issued in relation to the export of a consignment of quota meat in a quota year ceases to have effect if the consignment is not accepted for entry into a member country of the EU before the end of the quota year.
33 Tariff rate quota certificates for exports unlikely to be accepted into EU
If:
(a) on or before 17 April in a quota year, an exporter is issued with a tariff rate quota certificate for the export from Australia to a member country of the EU of a consignment of quota meat in the quota year; and
(b) it is likely that the consignment of quota meat will not be accepted for entry into a member country of the EU before 30 June in the quota year;
the exporter must notify the Quota Unit in writing of this matter before 16 May in the quota year.
34 How to work out how much quota meat an exporter has exported
(1) Subject to subsections (2) to (4), if an exporter is issued a tariff rate quota certificate for the export from Australia to a member country of the EU of a consignment of quota meat in a quota year, the exporter is taken to have exported the shipped weight of quota meat stated in the certificate.
Shipped weight is less than certified weight
(2) If:
(a) the shipped weight of the consignment is less than the shipped weight stated in the tariff rate quota certificate for the consignment; and
(b) apart from this subsection, the exporter would be taken to have exported the difference between the weights; and
(c) the certificate has been annotated by the customs authority of the member country of the EU to which the consignment has been delivered to show the shipped weight of quota meat actually exported; and
(d) the exporter gives a copy of the annotated certificate to the Quota Unit by close of business on 15 May in the quota year;
the exporter is not taken to have exported the difference between the weights.
No export of consignment
(3) If the exporter:
(a) does not export the consignment of quota meat in the quota year; and
(b) gives all copies of the tariff rate quota certificate for the consignment to the Quota Unit by close of business on 15 May in the quota year;
the exporter is not taken to have exported the shipped weight of quota meat stated in the certificate.
Consignment is refused entry to the EU
(4) If:
(a) the consignment of quota meat is refused entry to the EU in the quota year; and
(b) the exporter returns all copies of the tariff rate quota certificate for the consignment to the Quota Unit by the earlier of:
(i) close of business on 15 May in the quota year; and
(ii) 3 months after the day the consignment leaves Australia;
the exporter is not taken to have exported the consignment.
Part 3—System of tariff rate quotas for grain fed high quality beef
35 Purpose of this Part
This Part provides for a system of tariff rate quotas for the export from Australia to a member country of the EU of grain fed high quality beef at the EU reduced tariff for grain fed high quality beef.
36 Tariff rate quota certificates for grain fed high quality beef
Application for tariff rate quota certificate
(1) An exporter may apply to the Secretary for a tariff rate quota certificate for the export from Australia to a member country of the EU of a consignment of grain fed high quality beef in a quota year.
(2) The application must be made by making an entry in EXDOC for the consignment of grain fed high quality beef.
Issue of tariff rate quota certificate
(3) If an exporter applies under subsection (1) for a tariff rate quota certificate in relation to the export of a consignment of grain fed high quality beef in a quota year, the Secretary may issue the tariff rate quota certificate to the exporter.
(4) If the Secretary decides not to issue the tariff rate quota certificate to the exporter, the Secretary must give the exporter a written notice that sets out:
(a) the terms of the decision; and
(b) the reasons for the decision; and
(c) particulars of the exporter’s right to have the decision reviewed under Part 4.
Effect of tariff rate quota certificate
(5) If a tariff rate quota certificate is issued before the start of a quota year and the certificate relates to the export of a consignment of grain fed high quality beef in the quota year then the certificate has no effect before the start of that quota year.
(6) A tariff rate quota certificate issued in relation to the export of a consignment of grain fed high quality beef in a quota year ceases to have effect if the consignment is not accepted for entry into a member country of the EU before the end of the quota year.
Part 4—Review of decisions
37 Application for reconsideration by Secretary of certain decisions
(1) If the Secretary cancels an exporter’s unused total tariff rate quota entitlement for a quota year under subsection 27(1), the exporter may apply to the Secretary to have the decision reconsidered.
(2) If:
(a) an exporter applies for a tariff rate quota certificate under subsection 36(1); and
(b) the Secretary decides not to issue the certificate to the exporter under subsection 36(3);
the exporter may apply to the Secretary to have the decision reconsidered.
(3) An application under subsection (1) or (2) must:
(a) be in writing; and
(b) set out the reasons for the application; and
(c) be lodged with the Secretary within 28 days after the exporter is given notice of the initial decision or within such further period as the Secretary allows.
38 Secretary to reconsider initial decision
(1) On receipt of an application made under section 37, the Secretary:
(a) must reconsider the initial decision; and
(b) subject to subsection (2) of this section, may make any decision that he or she might have made in the first instance.
(2) If the initial decision was a decision to cancel an exporter’s unused total tariff rate quota entitlement (the cancelled entitlement) for a quota year under subsection 27(1), the Secretary may only set aside the initial decision if, at the time of setting aside that decision, the amount worked out by subtracting:
(a) the sum of the total tariff rate quota entitlements of all exporters for the quota year; from
(b) the access amount for the quota year;
is at least equal to the amount of the cancelled entitlement.
(3) If the Secretary makes a decision under subsection (1) to set aside the initial decision, the initial decision ceases to have effect.
(4) The Secretary must give the applicant written notice of the Secretary’s decision under subsection (1) within 45 days after the day on which the application was received.
(5) The notice must set out the reasons for the Secretary’s decision.
39 Review by the Administrative Appeals Tribunal
(1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Secretary made under section 38.
(2) If the initial decision to which the Secretary’s decision under section 38 relates was a decision to cancel an exporter’s unused total tariff rate quota entitlement (the cancelled entitlement) for a quota year under subsection 27(1), the Administrative Appeals Tribunal may only set aside the initial decision if, at the time of setting aside that decision, the amount worked out by subtracting:
(a) the sum of the total tariff rate quota entitlements of all exporters for the quota year; from
(b) the access amount for the quota year;
is at least equal to the amount of the cancelled entitlement.
Part 5—Miscellaneous
40 Exporters to notify Quota Unit of change of contact details
If:
(a) an exporter allocated tariff rate quota entitlement for a quota year gives the exporter’s contact details to the Quota Unit; and
(b) any of those contact details change;
the exporter must notify the Quota Unit, in the approved form, of the change as soon as practicable.
41 Approved forms
The Secretary may, in writing, approve a form for the purposes of a provision of this instrument.
42 Decisions made by computer
(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for making decisions under this instrument.
(2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.