Federal Register of Legislation - Australian Government

Primary content

Act No. 117 of 1990 as made
An Act relating to the establishment of systems of quotas to protect the orderly export of Australian meat and live-stock
Administered by: Agriculture and Water Resources
Date of Assent 28 Dec 1990
Date of repeal 01 Jan 2017
Repealed by Export Control Amendment (Quotas) Act 2015

Australian Meat and Live-stock (Quotas)
Act 1990

No. 117 of 1990

 

An Act relating to the establishment of systems of quotas
to protect the orderly export of Australian meat and
live-stock

[Assented to 28 December 1990]

The Parliament of Australia enacts:

Short title

1.  This Act may be cited as the Australian Meat and Live-stock (Quotas) Act 1990.

Commencement

2.  This Act commences on the day on which it receives the Royal Assent.

Definitions

3.  (1) In this Act, unless the contrary intention appears:

“class” includes quality, standard or grade;

“country” includes a part of a country;

“export” means export from Australia;

“goods” means meat or live-stock, as the case requires;

“quota” means a quota referred to in section 6.


(2)  Unless the contrary intention appears, expressions used in this Act have the same meanings as in the Australian Meat and Live-stock Corporation Act 1977.

Object of this Act

4.  The object of this Act is to enable the Corporation to establish systems of quotas to protect the orderly export of goods:

(a)  where restrictions on exports of meat or particular classes of meat to particular countries are imposed, or in the opinion of the Corporation will be imposed, either by Australia or the countries concerned; or

(b)  where, in relation to live sheep and lambs, the Corporation otherwise considers it in the best interests of the industry to do so.

Limitation on exports

5.  (1) The Corporation may, by notices in writing given to licensees, impose a limitation on the total quantity of goods, or a specified class of goods, that may be exported to a specified country.

(2)  A licensee who has been given a notice under subsection (1) must not export goods, or goods of the class specified in the notice, as the case may be, to the country referred to in the notice, except in accordance with a quota held by the licensee.

Quotas

6.  (1) Where a limitation has been, or is to be, imposed under section 5 in relation to particular exports, the Corporation may grant:

(a)  a single quota authorising the holder to make all those exports; or

(b)  2 or more quotas authorising each of the holders to make a specified proportion of those exports.

(2)  The Corporation may grant a quota:

(a)  in the case of meat and live-stock other than sheep and lambs, by allocation free of charge; or

(b)  in the case of live sheep and lambs:

(i)    by allocation free of charge; or

(ii)   by auction, sale by tender or private sale.

(3)  A quota has effect for the period, not exceeding 2 years, specified in the quota document, but this subsection does not prevent the grant of other quotas.

(4)  A quota is subject to the conditions, if any, specified in the quota document.


Corporation not obliged to grant sheep and lamb live-stock quota

7.  In relation to live sheep and lambs, the Corporation is not obliged:

(a)  to sell or allocate a quota of a particular amount or kind; or

(b)  to sell or allocate a quota to a particular person;

if the Corporation is satisfied that it is not in the best interests of the industry to do so.

Act to have effect subject to Australian Meat and Live-stock Corporation Act

8.  This Act has effect subject to Division 3 of Part II of the Australian Meat and Live-stock Corporation Act 1977.

Cessation of operation of Act

9.  This Act, unless sooner repealed, shall cease to be in force at the expiration of 3 years after the date of commencement of this Act.

---

[Minister’s second reading speech made in

House of Representatives on 7 November 1990

Senate on 14 November 1990]