10When Secretary may decide not to reserve tariff rate quota entitlement

10 When Secretary may decide not to reserve tariff rate quota entitlement

The Secretary may decide not to reserve an amount of tariff rate quota entitlement for export by the applicant under the eligible feed grain contract in the quota year if the Secretary considers that it is not appropriate to do so, taking into account any or all of the following: (a) any failure by the applicant to provide facilities and assistance to an auditor as required by section 271 of the Act or any failure by the applicant to comply with a request made by an auditor under paragraph 272(1)(a) of the Act; (b) if a licence is required under a law of the Commonwealth to export consignments of feed grain under the contract—whether the applicant holds such a licence; (c) any relevant Commonwealth liability in relation to a tariff rate quota certificate that has not been paid by the applicant (including if the applicant is jointly liable with another person or other persons); (d) whether the applicant’s business as an exporter of feed grain is not financially viable or is not likely to remain so; (e) whether it would not be in the best interests of the feed grain industry for the reservation to be made.

Note: A decision not to reserve an amount of tariff rate quota entitlement is a reviewable decision (see section 25 of this instrument and Part 2 of Chapter 11 of the Act).