15

15 Revocation of tariff rate quota certificates

Revocation on request (1) The Secretary must revoke a tariff rate quota certificate in relation to a consignment for export to Indonesia if: (a) the person to whom the certificate was issued requests the Secretary to do so; and (b) the certificate has not been accepted by the relevant destination authority; and (c) if hard copies of the certificate were issued—the person gives the Secretary: (i) all the hard copies of the certificate; or (ii) a declaration, in any form the Secretary requires and accompanied by any evidence the Secretary requires, about why the copies cannot be given. Revocation on Secretary’s own initiative (2) The Secretary may revoke a tariff rate quota certificate in relation to a consignment for export to Indonesia if: (a) the certificate has not been accepted by the relevant destination authority; and (b) any of the following apply: (i) the certificate is incorrect in any respect; (ii) the consignment did not leave Australian territory within 6 weeks after the certificate was issued; (iii) the person to whom the certificate was issued fails to provide facilities and assistance to an auditor as required by section 271 of the Act or fails to comply with a request made by an auditor under paragraph 272(1)(a) of the Act; (iv) the person does not hold, or has ceased to hold, any licence required under a law of the Commonwealth to export the consignment; (v) a relevant Commonwealth liability in relation to a tariff rate quota certificate has not been paid by the person (including if the person is jointly liable with another person or other persons); (vi) the person’s business as an exporter of feed grain is not financially viable or is not likely to remain so; (vii) the Secretary considers that it would not be in the best interests of the feed grain industry for the person to continue to hold the certificate.

Note 1: The Secretary must notify the person to whom the certificate was issued (see paragraph 18(1)(b)).

Note 2: A decision under subsection (2) to revoke a tariff rate quota certificate is a reviewable decision (see section 25 of this instrument and Part 2 of Chapter 11 of the Act).