39Review by the Administrative Appeals Tribunal

39 Review by the Administrative Appeals Tribunal

(1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Secretary made under section 38. (2) If the initial decision to which the Secretary’s decision under section 38 relates 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 Administrative Appeals Tribunal 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.