14When Secretary may decide not to issue tariff rate quota certificate

14 When Secretary may decide not to issue tariff rate quota certificate

(1) The Secretary may decide not to issue a tariff rate quota certificate to an applicant under subsection 13(1) if the Secretary considers that it is not appropriate to issue the certificate, 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 the consignment—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 certificate to be issued. (2) If the Secretary decides not to issue a tariff rate quota certificate, the Secretary must give the applicant a written notice stating: (a) the reasons for the decision; and (b) information about the applicant’s right to have the decision reviewed.

Note: A decision not to issue a tariff rate quota certificate is a reviewable decision (see section 120 of this instrument and Part 2 of Chapter 11 of the Act).