Part 4 Approvals
12 Definitions
In this Part:
AUS-MEAT handbook cut number, for a cut of meat, means the number for that cut of meat set out in the AUS-MEAT RFP Cut Code Reference Booklet - 1999, published by AUS-MEAT, as in force at the commencement of this Order.
AUS-MEAT meat type cipher, for a type of meat, means the cipher for that type of meat set out in the AUS-MEAT RFP Cut Code Reference Booklet - 1999, published by AUS-MEAT, as in force at the commencement of this Order.
13 How to obtain approval for exports
(1) An eligible exporter must apply for a separate approval for each consignment to be exported.
(2) The application must include the following information for the consignment:
(a) the exporter's name;
(b) the exporter's export licence number;
(c) for the meat to be exported:
(i) its type; and
(ii) its AUS-MEAT meat type cipher; and
(iii) its AUS-MEAT handbook cut number; and
(iv) its shipping weight in kilograms; and
(v) whether it is chilled or frozen; and
(vi) if it is bone-in, or a part of the consignment is bone-in, its shipping weight in the approved form; and
(vii) if it is boneless, or a part of the consignment is boneless, its shipping weight in the approved form; and
(viii) the establishment number of the establishment that prepared the meat;
(d) the name of the importer;
(e) the name of the ship and the voyage, or the air freight carrier and flight number; to be used;
(f) the intended port of loading and the expected date of loading;
(g) the name of the final destination country;
(h) the intended port of discharge.
(3) An application for approval:
(a) must not be made to the Department before the exporter receives a notice under paragraph 9 (6) (b), or subsection 7 (5), about the exporter's EU quota entitlement; and
(b) must be lodged with the Department's QA Unit by 5 pm on 5 March 2010.
(4) The Secretary must give an approval to export a consignment of quota meat if:
(a) the exporter lodges an application for the approval in accordance with this section; and
(b) the total shipping weight of quota meat exported by the exporter, plus the shipping weight of the consignment, is not greater than the exporter's EU quota entitlement for 2009-2010.
14 Approval to export from unused quota
(1) An exporter may, on or after 8 March 2010, apply in writing to the Secretary for approval to export a consignment of quota meat.
(2) Section 13 (except paragraph 13 (3) (b)) applies to an application under this section.
(3) The Secretary must deal with applications on a first-come first-served basis.
(4) The Secretary must approve the export of a consignment if:
(a) an application is in accordance with this section; and
(b) the total shipped weight of quota meat that has been, or is to be, exported by all exporters, plus the shipped weight of the consignment, is not greater than the access amount.
15 Duration of approvals
(1) An approval to export quota meat (other than an approval given under subsection 14 (4) ceases to have effect if the eligible exporter concerned does not receive a certificate for the consignment before the earlier of the following:
(a) 30 June 2010;
(b) 3 months after the approval is given.
(2) An approval given under subsection 14 (4) ceases to have effect if:
(a) the exporter concerned does not receive a certificate for the consignment 4 weeks after the approval is given; or
(b) the consignment to which the approval applies is not accepted into a member country of the EU before the end of 30 June 2010.
Note 1 Under section 28 of the Act, the Secretary may cancel a quota or part of a quota in accordance with this order.
Note 2 Under section 30 of the Act, the exporter has a right of review to the Administrative Appeals Tribunal in respect of the Secretary's decision.
16 How to work out how much quota meat an exporter has exported
(1) Subject to subsection (2), (3), (4), (5) and (6), an exporter is taken to have exported the shipped weight of quota meat shown in approvals given to the exporter under this Part.
Shipped weight less than approved weight
(2) If the shipped weight of quota meat in a consignment is less than the weight stated in the approval for the consignment, the exporter is not taken to have exported the difference between the weights if:
(a) the identifying number of the approval is shown on the consignment information; and
(b) the exporter gives that information to the Department's QA Unit by 5.00 pm on 5 March 2010; and
(c) the difference between weights is not more than 50 kilograms.
Shipping weight is less than certified weight
(3) If:
(a) the shipped weight of a consignment is less than the weight stated in the certificate for the consignment; and
(b) apart from this paragraph, the exporter would be taken to have exported the difference between the weights; and
(c) the exporter gives a copy of the certificate, annotated by the customs authority of hte member country of the EU to which the consignment has been delivered to show the weight of meat exported, to the Department's QA Unit by 5.00 pm on 5 March 2010;
the exporter is not taken to have exported the difference between the weights.
No export of consignment
(4) If the exporter:
(a) is given approval for a consignment, but does not export the consignment; and
(b) gives all copies of the certificate for the consignment to the Department's QA Unit by 5.00 pm on 5 March 2010;
the exporter is not taken to have exported the weight of quota meat mentioned in the approval.
Approval ceases to have effect
(5) If an approval for a consignment ceases to have effect before 5 pm on 5 March 2010, the exporter is not taken to have exported the weight of quota meat mentioned in the approval.
If consignment refused entry to the EU
(6) If a consignment is refused entry to the EU, the exporter is not taken to have exported the consignment if the exporter returns all copies of the certificate for the consignment to the Department's QA Unit by the earlier of the following:
(a) 5 pm on 5 March 2010;
(b) 3 months after the day the consignment leaves Australia.
04 Apr 2011