18Allocations must be reduced by preceding year penalty amount

18 Allocations must be reduced by preceding year penalty amount

(1) If: (a) an exporter has been allocated standard tariff rate quota entitlement or non‑standard tariff rate quota entitlement but not both for a quota year; and (b) the exporter has a preceding year penalty amount for the quota year; the Secretary must reduce that entitlement by that preceding year penalty amount. (2) If: (a) an exporter has been allocated both standard tariff rate quota entitlement and non‑standard tariff rate quota entitlement for a quota year; and (b) the exporter has a preceding year penalty amount for the quota year; the Secretary must reduce the amount equal to the sum of those entitlements by that preceding year penalty amount. Preceding year penalty amount for quota year starting on 1 July 2016 (3) If: (a) on 16 May 2016, an exporter has not used all of the exporter’s AMLI total quota entitlement for the quota year starting on 1 July 2015; and (b) the unused portion is more than 7.5% of the exporter’s AMLI total quota entitlement for that quota year; the unused portion is the exporter’s preceding year penalty amount for the quota year starting on 1 July 2016. Preceding year penalty amount for quota years starting on 1 July 2017 or later (4) If: (a) on 16 May in a quota year starting on 1 July 2016 or later, an exporter has not used all of the exporter’s total tariff rate quota entitlement for the quota year; and (b) the unused portion is more than 7.5% of the exporter’s total tariff rate quota entitlement for the quota year; the unused portion is the exporter’s preceding year penalty amount for the following quota year. Notice of reduced entitlement (5) If the Secretary makes a reduction in relation to an entitlement of an exporter for a quota year under subsection (1) or (2), the Secretary must give the exporter a written notice that states the shipped weight of quota meat that is equivalent to the amount of the reduced entitlement.