38Secretary to reconsider initial decision

38 Secretary to reconsider initial decision

(1) On receipt of an application made under section 37, the Secretary: (a) must reconsider the initial decision; and (b) subject to subsection (2) of this section, may make any decision that he or she might have made in the first instance. (2) If the initial decision was a decision to cancel an exporter’s unused total tariff rate quota entitlement (the cancelled entitlement) for a quota year under subsection 27(1), the Secretary may only set aside the initial decision if, at the time of setting aside that decision, the amount worked out by subtracting: (a) the sum of the total tariff rate quota entitlements of all exporters for the quota year; from (b) the access amount for the quota year; is at least equal to the amount of the cancelled entitlement. (3) If the Secretary makes a decision under subsection (1) to set aside the initial decision, the initial decision ceases to have effect. (4) The Secretary must give the applicant written notice of the Secretary’s decision under subsection (1) within 45 days after the day on which the application was received. (5) The notice must set out the reasons for the Secretary’s decision.