1Name#
This instrument is the Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the European Union and the United Kingdom) Amendment (UK FTA Allocations and Other Measures) Rules 2026.
2Commencement#
(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | 31 October 2026. | 31 October 2026 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
4Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 · Amendments
Part 1 · Tariff rate quota entitlement and certificates for UK FTA-eligible meat
Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the European Union and United Kingdom) Rules 2021#
1 Section 6 (definition of entitlement-based amount)
Omit “paragraph”, substitute “paragraphs 19A(5)(a) and”.
2 Section 6
Insert:
performance-based access amount, for UK FTA-eligible meat, means 41,667,000 kilograms.
3 Section 6 (definition of tariff rate quota certificate)
Before “19”, insert “19A,”.
4 Section 6 (definition of uncommitted access amount)
Repeal the definition, substitute:
(a)for UK FTA-eligible meat—see subsection 19A(6); and
(b)for EU-eligible meat and UK WTO-eligible meat—see subsection 20(6).
5 Paragraph 8(d)
Before “20”, insert “19A or”.
6 Section 8 (note 1)
Omit “paragraph”, substitute “paragraphs 19A(5)(a) and”.
7 Subsection 10(1A) (method statement, step 4)
Omit “access amount for the quota type and quota year”, substitute “performance-based access amount for UK FTA-eligible meat”.
8 Section 12 (definition of AA)
Repeal the definition, substitute:
AA means:
(a)if the tariff rate quota entitlement being determined is for UK FTA-eligible meat—the performance-based access amount for UK FTA-eligible meat; or
(b)if the tariff rate quota entitlement being determined is for EU-eligible meat or UK WTO-eligible meat—the access amount for the quota type and quota year.
9 Section 12 (definition of applicant’s quota exports)
Before “19”, insert “19A,”.
10 Section 18 (note)
Before “20”, insert “19A or”.
11 Before section 19
Insert:
19ATariff rate quota certificates for UK FTA-eligible meat#
(1)At any time before the end of a quota year, an exporter may apply to the Secretary for a tariff rate quota certificate for the export of a consignment of UK FTA-eligible meat in the quota year within the access amount for UK FTA-eligible meat for the quota year.
Note: The application must be made in accordance with section 21.
(2)The Secretary must deal with applications under this section in the order in which the applications are received.
(3)Subject to subsection (7), the Secretary must issue the applicant a tariff rate quota certificate in relation to the consignment if, at the time the Secretary deals with the application, either or both of the following apply:
(a)the balance of the applicant’s tariff rate quota entitlement for the quota type and quota year is greater than zero;
(b)there is an uncommitted access amount for the quota year (see subsection (6)).
(4)The certificate must be issued for:
(a)the relevant weight of the consignment; or
(b)if that weight is greater than the total of the balance of the applicant’s tariff rate quota entitlement and the uncommitted access amount—that total.
(5)If a certificate is issued to an applicant under this section:
(a)the applicant’s entitlement-based amount is:
(i)the amount stated in the certificate; or
(ii)if the amount stated in the certificate is greater than the amount that was the balance of the applicant’s tariff rate quota entitlement just before the certificate was issued—the amount of the balance of the applicant’s tariff rate quota entitlement just before the certificate was issued; and
(b)in a case to which subparagraph (a)(ii) applies, the uncommitted access amount is reduced by the difference between the amount stated in the certificate and the amount of the balance of the applicant’s tariff rate quota entitlement just before the certificate was issued.
Note: The entitlement-based amount reduces the applicant’s tariff rate quota entitlement (see paragraph 8(d)).
(6)The uncommitted access amount for UK FTA-eligible meat for a quota year at a particular time is the sum of:
(a)the difference between the access amount for UK FTA-eligible meat for the quota year and the performance-based access amount for UK FTA-eligible meat; and
(b)the amount (if any) of the performance-based access amount for UK FTA-eligible meat that remained unallocated after the Secretary allocated amounts for UK FTA-eligible meat and the quota year under section 10; and
(c)the amount (if any) of the performance-based access amount for UK FTA-eligible meat that remained unallocated after the Secretary allocated amounts for UK FTA-eligible meat and the quota year under section 17; and
(d)any amounts of tariff rate quota entitlement for UK FTA-eligible meat and the quota year revoked under section 18 before that time;
reduced in accordance with paragraph (5)(b) for certificates issued to applicants under this section before that time.
(7)The Secretary may decide not to issue a tariff rate quota certificate to the applicant if the Secretary considers that it is not appropriate to issue the certificate, taking into account the following:
(a)any failure by the applicant to provide facilities and assistance to an auditor as required by section 271 of the Act or any failure by the applicant to comply with a request made by an auditor under paragraph 272(1)(a) of the Act;
(b)a failure of the applicant to hold any licence required under a law of the Commonwealth to export the consignment;
(c)any relevant Commonwealth liability in relation to a tariff rate quota certificate for the export of eligible meat that has not been paid by the applicant (including if the applicant is jointly liable with another person or other persons);
(d)whether the applicant’s business as an exporter of eligible meat is not financially viable or is not likely to remain so;
(e)whether it would not be in the best interests of the eligible meat industry for the certificate to be issued.
Note: A decision not to issue a tariff rate quota certificate is a reviewable decision (see section 29 of this instrument and Part 2 of Chapter 11 of the Act).
(8)A tariff rate quota certificate issued under this section in relation to a consignment of UK FTA-eligible meat for export to a destination in a quota year:
(a)has no effect before the start of the quota year to which the certificate relates; and
(b)ceases to have effect if the consignment is not accepted by the relevant destination authority before the end of the quota year.
12 Section 19 (heading)
Omit “before additional allocations”, substitute “for EU-eligible meat and UK WTO-eligible meat—before additional allocations”.
13 Before subsection 19(1)
Insert:
(1A)This section applies in relation to the following quota types:
(a)EU-eligible meat;
(b)UK WTO-eligible meat.
14 Section 20 (heading)
Omit “after additional allocations”, substitute “for EU-eligible meat and UK WTO-eligible meat—after additional allocations”.
15 Before subsection 20(1)
Insert:
(1A)This section applies in relation to the following quota types:
(a)EU-eligible meat;
(b)UK WTO-eligible meat.
16 Subsection 20(5)
Repeal the subsection, substitute:
(5)If a certificate is issued to an applicant under this section:
(a)the applicant’s entitlement-based amount is:
(i)the amount stated in the certificate; or
(ii)if the amount stated in the certificate is greater than the amount that was the balance of the applicant’s tariff rate quota entitlement just before the certificate was issued—the amount of the balance of the applicant’s tariff rate quota entitlement just before the certificate was issued; and
(b)in a case to which subparagraph (a)(ii) applies, the uncommitted access amount is reduced by the difference between the amount stated in the certificate and the amount of the balance of the applicant’s tariff rate quota entitlement just before the certificate was issued.
Note: The entitlement-based amount reduces the applicant’s tariff rate quota entitlement (see paragraph 8(d)).
17 Section 21 (heading)
After “section”, insert “19A,”.
18 Subsections 21(1), 23(1) and 23(2)
After “under section”, insert “19A,”.
19 Subsection 24(4)
Before “20”, insert “19A or”.
20 Subsection 25(1)
After “under section”, insert “19A,”.
21 Section 29 (before table item 1)
Insert:
| 1A | Not to issue a tariff rate quota certificate | Subsection 19A(7) | The person who applied for the certificate |
22 Subsection 30(2)
Omit “section 19 or 20”, substitute “section 19A, 19 or 20”.
23 Subsection 30(2) (note)
Omit “If the”, substitute “For EU-eligible meat and UK WTO-eligible meat, if the”.
24 Paragraph 30(3)(b)
After “section”, insert “19A,”.
25 After paragraph 34(1)(b)
Insert:
(ba)a decision under section 19A to issue a tariff rate quota certificate (but not a decision under subsection 19A(7) not to issue a certificate);
Part 2 · Penalties for underutilisation of tariff rate quota entitlement
Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the European Union and United Kingdom) Rules 2021#
26 Subsection 10(1A) (method statement, steps 2 and 3)
Repeal the steps, substitute:
Step 2. For any applicant who is subject to a penalty for the quota type and quota year (see section 11), reduce the step 1 amount by the applicant’s penalty amount. The result is the applicant’s step 2 amount.
Step 3A. Use the formula in section 12 to distribute the total of the penalty amounts among the applicants who are not subject to a penalty, and add the amount distributed to each such applicant’s step 1 amount. For this purpose:
(a) replace references in the formula to AA with references to the total of the penalty amounts; and
(b) replace references to all applicants with references to applicants who are not subject to a penalty.
Step 3B. If, after step 3A, the amount for an applicant is less than 12,000 kg:
(a) the amount is excluded; and
(b) the applicant is excluded and is not allocated an amount of tariff rate quota entitlement for the quota type and quota year under this section.
Step 3C. Use the formula in section 12 to distribute the total of the amounts excluded at step 3B among the applicants who are not subject to a penalty and not excluded at step 3B, and add the amount distributed to each such applicant’s step 3A amount to reach the applicant’s step 3C amount. For this purpose:
(a) replace references in the formula to AA with references to the total of the amounts excluded; and
(b) replace references to all applicants with references to applicants who are not subject to a penalty and not excluded.
27 Subsection 10(1A) (method statement, step 4)
Omit “step 3 amounts”, substitute “step 2 amounts and step 3C amounts”.
28 Subsection 10(1A) (method statement, step 5)
Repeal the step, substitute:
Step 5. The amount of tariff rate quota entitlement allocated to an applicant not excluded at step 3B is:
(a) if the applicant is subject to a penalty—the step 2 amount, rounded in accordance with step 4; and
(b) otherwise—the step 3C amount, rounded in accordance with step 4.
29 Subsection 11(1)
After “subsection 10(1)”, insert “or (1A)”.
30 Paragraph 11(2)(b)
After “section”, insert “19A or”.
Part 3 · Timing of tariff rate quota entitlement processes
Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the European Union and United Kingdom) Rules 2021#
31 Section 13 (heading)
Omit “November”, substitute “October”.
32 Subsection 13(1)
Omit “November”, substitute “October”.
33 Section 14 (heading)
Omit “November”, substitute “October”.
34 Section 14
Omit “November” (wherever occurring), substitute “October”.
35 Section 15 (heading)
Omit “November”, substitute “October”.
36 Section 15
Omit “November” (wherever occurring), substitute “October”.
37 Section 16
Omit “before 1 November”, substitute “before 1 October”.
38 Section 16
Omit “31 October”, substitute “30 September”.
39 Section 16 (note)
Omit “November”, substitute “October”.
40 Section 17 (heading)
Omit “November”, substitute “October”.
41 Subsection 17(1)
Omit “November”, substitute “October”.
42 Section 18 (heading)
Omit “November”, substitute “October”.
43 Subsections 18(1), 19(1) and 20(1)
Omit “November”, substitute “October”.
Part 4 · Application provisions
Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the European Union and United Kingdom) Rules 2021#
44 At the end of Part 6
Add:
Division 6 · Application provisions relating to the Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the European Union and the United Kingdom) Amendment (UK FTA Allocations and Other Measures) Rules 2026
54Definitions#
In this Division:
amending instrument means the Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the European Union and the United Kingdom) Amendment (UK FTA Allocations and Other Measures) Rules 2026.
55Application of amendments#
(1)The amendments of sections 10 and 12 made by Part 1 of Schedule 1 to the amending instrument apply in relation to the allocation of tariff rate quota entitlement for the quota year beginning on 1 January 2027 and each later quota year.
(2)The insertion of section 19A by Part 1 of Schedule 1 to the amending instrument, and the amendments of sections 19 and 20 made by that Part, apply in relation to exports in the quota year beginning on 1 January 2027 and each later quota year.
(3)The amendments of sections 10 and 11 made by Part 2 of Schedule 1 to the amending instrument apply in relation to the allocation of tariff rate quota entitlement for the quota year beginning on 1 January 2028 and each later quota year.
(4)The amendments made by Part 3 of Schedule 1 to the amending instrument apply in relation to tariff rate quota entitlement for the quota year beginning on 1 January 2027 and each later quota year.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.