29When unused quota entitlement lapses

29 When unused quota entitlement lapses

(1) An exporter must, before 16 February in a quota year, give the Secretary a written declaration stating: (a) how it intends to deal with any quota entitlement for the exporter and the quota year that will be unused on 16 February in the quota year; and (b) whether it intends to relinquish any of the unused quota entitlement. (2) If the exporter: (a) has unused quota entitlement for a quota year on 16 February in the quota year; and (b) did not give a declaration to the Secretary about the unused quota entitlement before that day; the exporter’s unused quota entitlement lapses at the start of that day. (3) The Secretary must cancel any unused quota entitlement that lapses under subsection (2).

Note 1: Under section 28 of the Act, the Secretary may cancel a quota or part of a quota in accordance with this instrument.

Note 2: Under section 30 of the Act, the exporter has a right of review by the Administrative Appeals Tribunal of the Secretary’s decision.