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This instrument is the Export Control (Tariff Rate Quotas—General) Rules 2021.
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Commonwealth legislation
This instrument creates a system for managing tariff rate quotas (TRQs) on Australian exports, establishing six allocation methods to issue export certificates and govern annual/quarterly quota cycles. It covers exporters shipping beef, dairy, buffalo meat, grains, sugar, cotton, and various produce to the EU, UK, US, Japan, Indonesia, and India.
Exporters must apply for certificates; rules provide preferential access for new entrants, allow transfers/returns, impose penalties for non‑use, grant the Secretary powers to refuse or revoke certificates, and offer review rights for decisions.
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Direct links to the current provisions in Export Control (Tariff Rate Quotas—General) Rules 2021.
This instrument is the Export Control (Tariff Rate Quotas—General) Rules 2021.
(1) Subject to subsection (2), this instrument is made under the Export Control Act 2020. (2) Part 3 of Chapter 7 is made under the following: (a) the Export Control Act 2020; (b) item 92 of Schedule 3 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020.
For the purposes of section 264 of the Act, this instrument provides for, and in relation to, the establishment and administration of a system of tariff rate quotas for the export of goods.
In this instrument:
Act means the Export Control Act 2020, and includes:
(a) legislative instruments made under the Export Control Act 2020; and
(b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.
additional U.S. note means an additional U.S. note to chapter 4 of the US Harmonized Tariff Schedule.
adjusted individual entitlement: see subsection 32(3).
allocation method means the method set out in Part 3 of Chapter 2.
allocation penalty: see section 33.
allocation trigger: see section 15.
annual access amount, for a quota type and a quota year, means the weight specified under Chapter 3 to be the annual access amount for that quota type in relation to that quota year.
annual application day, for a quota type and a quota year, means the day specified under Chapter 3 to be the annual application day for that quota type and quota year.
annual nomination day: see section 52K.
Australia‑UK Free Trade Agreement means the Free Trade Agreement between Australia and the United Kingdom of Great Britain and Northern Ireland, done on 16 and 17 December 2021, as in force for Australia from time to time.
Note: The Agreement could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Australia‑US Free Trade Agreement means the Australia‑US Free Trade Agreement done at Washington on 18 May 2004, as in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2005 No. 1 ([2005] ATS 1) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
certification method means the method set out in Part 4 of Chapter 2.
consignment means a single shipment (by sea or air) of a kind of goods that is exported to a single consignee.
eligible past export, for a quota type and a quota year, means an export of a consignment that is specified under Chapter 3 to be an eligible past export for the quota type in relation to the quota year.
eligible person, for a quota type, means a person that is specified under Chapter 3 to be an eligible person for that quota type.
eligible producer: see section 52K.
EU buffalo meat: see section 53.
EU grain fed beef: see section 57.
EU Grain Fed Beef Regulation means Commission Implementing Regulation (EU) No 481/2012, as in force from time to time.
Note: The Regulation could in 2019 be viewed on the EUR‑Lex website (https://eur‑lex.europa.eu).
EU high quality beef: see section 60.
EU Tariff Quota Regulation means Commission Implementing Regulation (EU) No 2020/761, as in force from time to time.
Note: The Regulation could in 2021 be viewed on the EUR‑Lex website (https://eur‑lex.europa.eu).
EU WTO dairy goods: see section 71.
first come, first served method means the method set out in Part 1 of Chapter 2.
first year new entrant: see subsection 28(2).
high‑fill trigger method means the method set out in Part 2 of Chapter 2.
India‑Australia Economic Cooperation and Trade Agreement means the Agreement between Australia and India for Economic Cooperation and Trade, done on 2 April 2022, as in force for Australia from time to time.
Note: The Agreement could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
India quota goods: see subsection 74A(1).
Indonesia‑Australia Comprehensive Economic Partnership Agreement means the Indonesia‑Australia Comprehensive Economic Partnership Agreement done at Jakarta on 4 March 2019, as in force for Australia from time to time.
Note: The Agreement could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Indonesia quota goods: see subsection 75(1).
initial individual entitlement: see subsection 32(1).
Japan‑Australia Economic Partnership Agreement means the Agreement between Australia and Japan for an Economic Partnership, done at Canberra on 8 July 2014, as in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2015 No. 2 ([2015] ATS 2) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Japan quota goods: see subsection 86(1).
maximum transfer percentage: see section 27.
minimum quota allocation, for a quota type and a quota year, means the amount specified under Chapter 3 to be the minimum quota allocation for that quota type in relation to that quota year.
new entrant: see subsection 28(1).
new entrant access amount: see section 27.
new entrant access cap: see section 27.
new entrant available amount: see section 27.
past production amount: see section 52K.
past production period: see section 52K.
penalty individual threshold: see section 27.
penalty pool threshold: see section 27.
performance‑based access amount: see section 52B.
performance‑based method means the method set out in Part 5 of Chapter 2.
post‑trigger access amount: see section 14.
production method means the method set out in Part 6 of Chapter 2.
provisional tariff rate quota entitlement: see subsection 20(1).
quarterly access amount: see subsection 7(1).
quarter of a quota year, for a quota type, means the period specified under Chapter 3 to be a quarter of a quota year for that quota type.
quota type means a kind of goods for export to a particular destination.
quota year, for a quota type, means the period that is specified under Chapter 3 to be a quota year for that quota type.
reclamation day: see section 27.
redistributed individual entitlement: see subsection 32(7).
relevant destination authority, for a kind of goods for export to a particular destination, means the authority or body that is responsible for regulating the importation of that kind of goods into that destination.
required usage percentage: see section 27.
second year new entrant: see subsection 28(3).
standard access amount: see section 27.
tariff rate quota certificate means a tariff rate quota certificate issued under this instrument.
Note: A tariff rate quota certificate is not a government certificate (see the definition of government certificate in section 12 of the Act).
tariff rate quota entitlement: a person’s tariff rate quota entitlement for a quota type and a quota year at a particular time is the weight reserved at that time for the person’s use for the purposes of applications for tariff rate quota certificates in relation to consignments of that quota type for export in that quota year.
third year new entrant: see subsection 28(4).
trigger amount: see section 14.
trigger deadline: see section 14.
UK FTA beef: see section 89AA.
UK FTA dairy goods: see subsection 89AJ(1).
UK FTA grain goods: see subsection 89AN(1).
UK FTA sugar goods: see section 89AT.
UK Quota Table means the Quota Table within the meaning of the UK Tariff Quota Regulations.
UK Tariff Quota Regulations means the Customs (Tariff Quotas) (EU Exit) Regulations 2020 (UK), as in force from time to time.
Note: The Regulations could in 2021 be viewed on the UK legislation website (https://legislation.gov.uk).
UK WTO buffalo meat: see section 89A.
UK WTO dairy goods: see section 89R.
UK WTO high quality beef: see section 89E.
unallocated performance‑based access amount: see section 52B.
uncommitted annual access amount: the uncommitted annual access amount for a quota type and a quota year at a particular time is the annual access amount for that quota type and quota year reduced by the sum of:
(a) the total weight for which tariff rate quota certificates have been issued in relation to consignments of that quota type for export in that quota year; and
(b) if tariff rate quota entitlements have been allocated for that quota type and quota year—the total tariff rate quota entitlements of all persons.
Note: If a tariff rate quota certificate in relation to a consignment is revoked, the certificate is taken never to have been issued (see subsection 119(5)).
uncommitted new entrant access amount: see section 27.
uncommitted performance‑based access amount: see section 52B.
uncommitted quarterly access amount: see subsection 7(2).
uncommitted standard access amount: see section 27.
uncommitted trigger amount: see section 14.
uncommitted unrestricted access amount: see section 52B.
unrestricted access amount: see section 52B.
US beef: see subsection 90(1).
US FTA dairy goods: see subsection 98(1).
US Harmonized Tariff Code means the code used in the US Harmonized Tariff Schedule.
US Harmonized Tariff Schedule means the Harmonized Tariff Schedule of the United States published by the United States International Trade Commission, as in force from time to time.
Note: The Schedule could in 2019 be viewed on the United States International Trade Commission’s website (http://www.usitc.gov).
using new entrant access quota, in relation to issuing a tariff rate quota certificate, has the meaning given by subsection 36(6).
using standard access quota, in relation to issuing a tariff rate quota certificate, has the meaning given by subsection 36(7).
US WTO dairy goods: see section 110.
(1) If a provision of Chapter 3 provides that there is a quarterly access amount for a quota type, then, subject to subsection (4), the quarterly access amount for that quota type and a quarter of a quota year is the annual access amount for that quota type and quota year divided by 4. (2) The uncommitted quarterly access amount for a quota type and a quarter of a quota year at a particular time is the difference between: (a) the quarterly access amount for that quota type and quarter; and (b) the total weight for which tariff rate quota certificates have been issued during that quarter in relation to consignments of that quota type for export in that quota year.
Note: If a tariff rate quota certificate in relation to a consignment is revoked, the certificate is taken never to have been issued (see subsection 119(5)).
(3) For the purposes of subsection (2), if a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year is issued before the start of the quota year, the certificate is taken to have been issued during the first quarter of the quota year. (4) If, at the end of the first, second or third quarter of a quota year, the uncommitted quarterly access amount for that quarter is greater than zero, the quarterly access amount for the next quarter of the quota year is increased by that uncommitted quarterly access amount.
Chapter 2—Methods for determining entitlements and issuing certificates
If a provision of Chapter 3 provides that the first come, first served method applies for the purposes of issuing a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year, then this Part applies for the purposes of issuing a tariff rate quota certificate in relation to such a consignment.
A person who intends to export a consignment of a quota type in a quota year may apply to the Secretary under this section for a tariff rate quota certificate in relation to the consignment.
Note: See section 114 for requirements and other matters relating to applications.
The Secretary must deal with applications under section 9 in the order in which the applications are received by the Secretary.
Note: Subsection 114(8) deals with when an application is taken to be received by the Secretary.
Application of this section (1) This section applies in relation to an application under section 9 for a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year (other than an application relating to a quota type for which there is a quarterly access amount).
Note: Section 12 deals with applications relating to a quota type for which there is a quarterly access amount.
When Secretary must issue certificate (2) Subject to section 115, the Secretary must issue a tariff rate quota certificate to the applicant in relation to the consignment if, at the time the Secretary deals with the application, the uncommitted annual access amount for the quota type and quota year is greater than zero.
Note: Section 115 deals with when the Secretary may decide not to issue a certificate.
(3) The certificate must be issued for the lesser of: (a) the weight of the consignment applied for; and (b) the uncommitted annual access amount at the time the Secretary deals with the application.
Application of this section (1) This section applies in relation to an application under section 9 for a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year if there is a quarterly access amount for that quota type.
Note: There is a quarterly access amount only if a provision of Chapter 3 provides for it (see section 7).
When Secretary must issue certificate (2) Subject to section 115, the Secretary must issue a tariff rate quota certificate to the applicant in relation to the consignment if, at the time the Secretary issues the certificate, the uncommitted quarterly access amount for the quota type and the current quarter of the quota year is greater than zero.
Note: Section 115 deals with when the Secretary may decide not to issue a certificate.
(3) For the purposes of subsection (2), if the quota year has not started at the time the Secretary deals with the application, the first quarter of the quota year is taken to be the current quarter. (4) The certificate must be issued for the lesser of: (a) the weight of the consignment applied for; and (b) the uncommitted quarterly access amount at the time the Secretary deals with the application.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Export Control (Tariff Rate Quotas—General) Rules 2021.
(1) Subject to subsection (2), this instrument is made under the Export Control Act 2020. (2) Part 3 of Chapter 7 is made under the following: (a) the Export Control Act 2020; (b) item 92 of Schedule 3 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020.
For the purposes of section 264 of the Act, this instrument provides for, and in relation to, the establishment and administration of a system of tariff rate quotas for the export of goods.
In this instrument:
Act means the Export Control Act 2020, and includes:
(a) legislative instruments made under the Export Control Act 2020; and
(b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.
additional U.S. note means an additional U.S. note to chapter 4 of the US Harmonized Tariff Schedule.
adjusted individual entitlement: see subsection 32(3).
allocation method means the method set out in Part 3 of Chapter 2.
allocation penalty: see section 33.
allocation trigger: see section 15.
annual access amount, for a quota type and a quota year, means the weight specified under Chapter 3 to be the annual access amount for that quota type in relation to that quota year.
annual application day, for a quota type and a quota year, means the day specified under Chapter 3 to be the annual application day for that quota type and quota year.
annual nomination day: see section 52K.
Australia‑UK Free Trade Agreement means the Free Trade Agreement between Australia and the United Kingdom of Great Britain and Northern Ireland, done on 16 and 17 December 2021, as in force for Australia from time to time.
Note: The Agreement could in 2022 be viewed in the Australian Treaties Library on the AustLII website ().
Australia‑US Free Trade Agreement means the Australia‑US Free Trade Agreement done at Washington on 18 May 2004, as in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2005 No. 1 ([2005] ATS 1) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
certification method means the method set out in Part 4 of Chapter 2.
consignment means a single shipment (by sea or air) of a kind of goods that is exported to a single consignee.
eligible past export, for a quota type and a quota year, means an export of a consignment that is specified under Chapter 3 to be an eligible past export for the quota type in relation to the quota year.
eligible person, for a quota type, means a person that is specified under Chapter 3 to be an eligible person for that quota type.
eligible producer: see section 52K.
EU buffalo meat: see section 53.
EU grain fed beef: see section 57.
EU Grain Fed Beef Regulation means Commission Implementing Regulation (EU) No 481/2012, as in force from time to time.
Note: The Regulation could in 2019 be viewed on the EUR‑Lex website (https://eur‑lex.europa.eu).
EU high quality beef: see section 60.
EU Tariff Quota Regulation means Commission Implementing Regulation (EU) No 2020/761, as in force from time to time.
Note: The Regulation could in 2021 be viewed on the EUR‑Lex website (https://eur‑lex.europa.eu).
EU WTO dairy goods: see section 71.
first come, first served method means the method set out in Part 1 of Chapter 2.
first year new entrant: see subsection 28(2).
high‑fill trigger method means the method set out in Part 2 of Chapter 2.
India‑Australia Economic Cooperation and Trade Agreement means the Agreement between Australia and India for Economic Cooperation and Trade, done on 2 April 2022, as in force for Australia from time to time.
Note: The Agreement could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
India quota goods: see subsection 74A(1).
Indonesia‑Australia Comprehensive Economic Partnership Agreement means the Indonesia‑Australia Comprehensive Economic Partnership Agreement done at Jakarta on 4 March 2019, as in force for Australia from time to time.
Note: The Agreement could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Indonesia quota goods: see subsection 75(1).
initial individual entitlement: see subsection 32(1).
Japan‑Australia Economic Partnership Agreement means the Agreement between Australia and Japan for an Economic Partnership, done at Canberra on 8 July 2014, as in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2015 No. 2 ([2015] ATS 2) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Japan quota goods: see subsection 86(1).
maximum transfer percentage: see section 27.
minimum quota allocation, for a quota type and a quota year, means the amount specified under Chapter 3 to be the minimum quota allocation for that quota type in relation to that quota year.
new entrant: see subsection 28(1).
new entrant access amount: see section 27.
new entrant access cap: see section 27.
new entrant available amount: see section 27.
past production amount: see section 52K.
past production period: see section 52K.
penalty individual threshold: see section 27.
penalty pool threshold: see section 27.
performance‑based access amount: see section 52B.
performance‑based method means the method set out in Part 5 of Chapter 2.
post‑trigger access amount: see section 14.
production method means the method set out in Part 6 of Chapter 2.
provisional tariff rate quota entitlement: see subsection 20(1).
quarterly access amount: see subsection 7(1).
quarter of a quota year, for a quota type, means the period specified under Chapter 3 to be a quarter of a quota year for that quota type.
quota type means a kind of goods for export to a particular destination.
quota year, for a quota type, means the period that is specified under Chapter 3 to be a quota year for that quota type.
reclamation day: see section 27.
redistributed individual entitlement: see subsection 32(7).
relevant destination authority, for a kind of goods for export to a particular destination, means the authority or body that is responsible for regulating the importation of that kind of goods into that destination.
required usage percentage: see section 27.
second year new entrant: see subsection 28(3).
standard access amount: see section 27.
tariff rate quota certificate means a tariff rate quota certificate issued under this instrument.
Note: A tariff rate quota certificate is not a government certificate (see the definition of government certificate in section 12 of the Act).
tariff rate quota entitlement: a person’s tariff rate quota entitlement for a quota type and a quota year at a particular time is the weight reserved at that time for the person’s use for the purposes of applications for tariff rate quota certificates in relation to consignments of that quota type for export in that quota year.
third year new entrant: see subsection 28(4).
trigger amount: see section 14.
trigger deadline: see section 14.
UK FTA beef: see section 89AA.
UK FTA dairy goods: see subsection 89AJ(1).
UK FTA grain goods: see subsection 89AN(1).
UK FTA sugar goods: see section 89AT.
UK Quota Table means the Quota Table within the meaning of the UK Tariff Quota Regulations.
UK Tariff Quota Regulations means the Customs (Tariff Quotas) (EU Exit) Regulations 2020 (UK), as in force from time to time.
Note: The Regulations could in 2021 be viewed on the UK legislation website (https://legislation.gov.uk).
UK WTO buffalo meat: see section 89A.
UK WTO dairy goods: see section 89R.
UK WTO high quality beef: see section 89E.
unallocated performance‑based access amount: see section 52B.
uncommitted annual access amount: the uncommitted annual access amount for a quota type and a quota year at a particular time is the annual access amount for that quota type and quota year reduced by the sum of:
(a) the total weight for which tariff rate quota certificates have been issued in relation to consignments of that quota type for export in that quota year; and
(b) if tariff rate quota entitlements have been allocated for that quota type and quota year—the total tariff rate quota entitlements of all persons.
Note: If a tariff rate quota certificate in relation to a consignment is revoked, the certificate is taken never to have been issued (see subsection 119(5)).
uncommitted new entrant access amount: see section 27.
uncommitted performance‑based access amount: see section 52B.
uncommitted quarterly access amount: see subsection 7(2).
uncommitted standard access amount: see section 27.
uncommitted trigger amount: see section 14.
uncommitted unrestricted access amount: see section 52B.
unrestricted access amount: see section 52B.
US beef: see subsection 90(1).
US FTA dairy goods: see subsection 98(1).
US Harmonized Tariff Code means the code used in the US Harmonized Tariff Schedule.
US Harmonized Tariff Schedule means the Harmonized Tariff Schedule of the United States published by the United States International Trade Commission, as in force from time to time.
Note: The Schedule could in 2019 be viewed on the United States International Trade Commission’s website (http://www.usitc.gov).
using new entrant access quota, in relation to issuing a tariff rate quota certificate, has the meaning given by subsection 36(6).
using standard access quota, in relation to issuing a tariff rate quota certificate, has the meaning given by subsection 36(7).
US WTO dairy goods: see section 110.
(1) If a provision of Chapter 3 provides that there is a quarterly access amount for a quota type, then, subject to subsection (4), the quarterly access amount for that quota type and a quarter of a quota year is the annual access amount for that quota type and quota year divided by 4. (2) The uncommitted quarterly access amount for a quota type and a quarter of a quota year at a particular time is the difference between: (a) the quarterly access amount for that quota type and quarter; and (b) the total weight for which tariff rate quota certificates have been issued during that quarter in relation to consignments of that quota type for export in that quota year.
Note: If a tariff rate quota certificate in relation to a consignment is revoked, the certificate is taken never to have been issued (see subsection 119(5)).
(3) For the purposes of subsection (2), if a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year is issued before the start of the quota year, the certificate is taken to have been issued during the first quarter of the quota year. (4) If, at the end of the first, second or third quarter of a quota year, the uncommitted quarterly access amount for that quarter is greater than zero, the quarterly access amount for the next quarter of the quota year is increased by that uncommitted quarterly access amount.
Chapter 2—Methods for determining entitlements and issuing certificates
If a provision of Chapter 3 provides that the first come, first served method applies for the purposes of issuing a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year, then this Part applies for the purposes of issuing a tariff rate quota certificate in relation to such a consignment.
A person who intends to export a consignment of a quota type in a quota year may apply to the Secretary under this section for a tariff rate quota certificate in relation to the consignment.
Note: See section 114 for requirements and other matters relating to applications.
The Secretary must deal with applications under section 9 in the order in which the applications are received by the Secretary.
Note: Subsection 114(8) deals with when an application is taken to be received by the Secretary.
Application of this section (1) This section applies in relation to an application under section 9 for a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year (other than an application relating to a quota type for which there is a quarterly access amount).
Note: Section 12 deals with applications relating to a quota type for which there is a quarterly access amount.
When Secretary must issue certificate (2) Subject to section 115, the Secretary must issue a tariff rate quota certificate to the applicant in relation to the consignment if, at the time the Secretary deals with the application, the uncommitted annual access amount for the quota type and quota year is greater than zero.
Note: Section 115 deals with when the Secretary may decide not to issue a certificate.
(3) The certificate must be issued for the lesser of: (a) the weight of the consignment applied for; and (b) the uncommitted annual access amount at the time the Secretary deals with the application.
Application of this section (1) This section applies in relation to an application under section 9 for a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year if there is a quarterly access amount for that quota type.
Note: There is a quarterly access amount only if a provision of Chapter 3 provides for it (see section 7).
When Secretary must issue certificate (2) Subject to section 115, the Secretary must issue a tariff rate quota certificate to the applicant in relation to the consignment if, at the time the Secretary issues the certificate, the uncommitted quarterly access amount for the quota type and the current quarter of the quota year is greater than zero.
Note: Section 115 deals with when the Secretary may decide not to issue a certificate.
(3) For the purposes of subsection (2), if the quota year has not started at the time the Secretary deals with the application, the first quarter of the quota year is taken to be the current quarter. (4) The certificate must be issued for the lesser of: (a) the weight of the consignment applied for; and (b) the uncommitted quarterly access amount at the time the Secretary deals with the application.
Chapter 1—Preliminary
This instrument is the Export Control (Tariff Rate Quotas—General) Rules 2021.
(1) Subject to subsection (2), this instrument is made under the Export Control Act 2020. (2) Part 3 of Chapter 7 is made under the following: (a) the Export Control Act 2020; (b) item 92 of Schedule 3 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020.
For the purposes o
This is an opening excerpt, not the complete document.