12Application to vary reservation amount

12 Application to vary reservation amount

(1) A person who has a tariff rate quota entitlement for an eligible feed grain contract (the original contract) and a quota year may, if the total weight of feed grain to be exported under the contract is varied (the varied contract), make an application to the Secretary to vary the reservation amount for the contract. (2) Subsections 7(2) and (4) and sections 8 to 11 apply to the application as if it were an application under subsection 7(1).

Note: See section 30 for additional requirements and other matters relating to applications.

(3) For the purposes of dealing with the application under section 9, the applicant is taken not to have a reservation amount and tariff rate quota entitlement for the contract and the quota year.

Note: This prevents the contract from being double‑counted by excluding the original contract from calculations in relation to the varied contract.

(4) If, under section 9, the Secretary reserves an amount of tariff rate quota entitlement for export in the quota year under the varied contract (the new reservation amount): (a) the new reservation amount becomes the applicant’s reservation amount for the contract and the quota year; and (b) the applicant’s tariff rate quota entitlement for the contract and the quota year is the new reservation amount reduced by the weight for which tariff rate quota certificates have already been issued in relation to consignments for export to Indonesia in the quota year under the original contract. (5) If the Secretary does not reserve an amount of tariff rate quota entitlement for export under the varied contract, the applicant’s reservation amount and amount of tariff rate quota entitlement for the original contract and the quota year are unchanged.