6Definitions

6 Definitions

In this instrument:

access amount means:

(a) for EU‑eligible meat—the EU‑access amount; or
(b) for UK FTA‑eligible meat—the UK FTA‑access amount; or
(c) for UK WTO‑eligible meat—the UK WTO‑access amount.

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.

all third countries quota means the annual EU import tariff quota, under order numbers 09.2178, 09.2179 and 09.2016 in Annex I to the EU Regulation, for export of sheepmeat and goatmeat from all third countries (except the UK) to the EU.

approved form for making an application or giving a notice means a form approved by the Secretary under subsection 35(2) for making that kind of application or giving that kind of notice.

approved manner for making an application or giving a notice means a manner approved by the Secretary under subsection 35(1) for making that kind of application or giving that kind of notice.

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).

balance of an exporter’s tariff rate quota entitlement: see section 8.

carcase equivalent weight means:

(a) for boneless lamb and boneless meat from a goat up to one year old—its weight multiplied by 1.67; or
(b) for boneless mutton, boneless sheep and boneless meat from a goat over one year old—its weight multiplied by 1.81; or
(c) for bone‑in meat—its weight.

consignment means a single shipment (by sea or air) by an exporter to a single consignee.

eligible meat means:

(a) EU‑eligible meat; or
(b) UK FTA‑eligible meat; or
(c) UK WTO‑eligible meat.

entitlement‑based amount: see paragraph 20(5)(a).

EU means the European Union.

EU‑access amount means:

(a) for the quota year beginning on 1 January 2022—5,851,000 kilograms; or
(b) for another quota year—the total weight of EU‑eligible meat that may, under order numbers 09.2105, 09.2106 and 09.2012 in Annex I to the EU Regulation, be exported from Australia to the EU in the quota year at the in‑quota customs duty rate set out for those order numbers.

EU‑accredited establishment means an establishment that:

(a) is under the full‑time inspection and supervision of the Department; and
(b) is registered under Chapter 4 of the Act; and
(c) has been accredited by AUS‑MEAT Limited (ACN 082 528 881), and the Department, for the export of meat to the EU.

EU‑eligible meat means sheepmeat and goatmeat of the kind described under order numbers 09.2105, 09.2106 and 09.2012 in Annex I to the EU Regulation.

EU Regulation means Commission Implementing Regulation (EU) 2020/1988, 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).

exporter means the holder of an export licence allowing the holder to export sheepmeat or goatmeat.

penalty amount: see subsection 11(4).

performance period for a quota year means the period of 12 months ending on the 31 October before the quota year begins.

quota type means a kind of eligible meat for export to a particular destination.

quota year means a calendar year beginning on or after 1 January 2020.

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.

relevant weight means:

(a) for EU‑eligible meat and UK WTO‑eligible meat—the carcase equivalent weight; or
(b) for UK FTA‑eligible meat—the actual weight of the UK FTA‑eligible meat.

tariff rate quota certificate means a certificate issued under section 19, 20 or 28.

Note: A tariff rate quota certificate is not a government certificate (see the definition of government certificate in section 12 of the Act).

UK means the United Kingdom.

UK FTA‑access amount means the total weight of UK FTA‑eligible meat that may, under the Australia‑UK Free Trade Agreement, be exported from Australia to the UK in the quota year at a reduced tariff rate.

UK FTA‑eligible meat means sheepmeat of a kind that may, under the Australia‑UK Free Trade Agreement, be exported from Australia to the UK at a reduced tariff rate.

UK 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‑access amount means:

(a) for the quota year beginning on 1 January 2022—13,335,000 kilograms; or
(b) for another quota year—the total weight of UK WTO‑eligible meat that may, as set out in the Quota Table within the meaning of the UK Regulations, be exported from Australia to the UK in the quota year at the quota duty rate for quota numbers 05.2012, 05.2105 and 05.2106 in the Quota Table.

UK WTO‑eligible meat means sheepmeat and goatmeat of a kind that may, under the UK Regulations, be exported from Australia to the UK under quota number 05.2012, 05.2105 or 05.2106.

uncommitted access amount: see subsection 20(6).