Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2015
17Working out amount of quota entitlements—exporters other than new entrants
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17 Working out amount of quota entitlements—exporters other than new entrants
(1) The Secretary must work out a notional standard quota entitlement for a quota year for an exporter who is eligible to be allocated standard quota entitlement for the quota year under section 14 using the formula: Image unavailable in extracted text where:
ERS is the total weight of the exporter’s recorded shipments of high quality beef to the EU in the period:
(a) starting on 1 May 38 months before the start of the quota year; and
(b) ending on 30 April immediately before the start of the quota year.
TRS is the total weight of all exporters’ recorded shipments of high quality beef to the EU in the period:
(a) starting on 1 May 38 months before the start of the quota year; and
(b) ending on 30 April immediately before the start of the quota year.
(2) The Secretary must use the following rules to work out the exporter’s standard quota entitlement for a quota year: (a) if the exporter’s notional standard quota entitlement for the quota year is more than the exporter’s request amount for the quota year—the exporter’s standard quota entitlement for the quota year is that request amount; (b) if the exporter’s notional standard quota entitlement for the quota year is less than 1 tonne—the exporter’s standard quota entitlement for the quota year is nil; (c) if neither paragraph (a) nor (b) applies—the exporter’s standard quota entitlement for the quota year is the exporter’s notional standard quota entitlement for the quota year worked out under subsection (1). (3) If the exporter is eligible to be allocated non‑standard quota entitlement for a quota year under subsection 16(2), the Secretary must use the following rules to work out the exporter’s non‑standard quota entitlement for the quota year: (a) if the exporter received an allocation of standard quota entitlement for the quota year that was the exporter’s request amount for the quota year—the exporter’s non‑standard quota entitlement for the quota year is nil; (b) subject to paragraph (c), if the exporter received an allocation of standard quota entitlement for the quota year that was less than the exporter’s request amount for the quota year—the exporter’s non‑standard quota entitlement for the quota year is that request amount less the amount of the exporter’s standard quota entitlement for the quota year; (c) the combined allocation to the exporter of standard quota entitlement for the quota year and non‑standard quota entitlement for the quota year must not exceed 36 tonnes.