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22 Secretary may revoke tariff rate quota entitlement

(1) The Secretary may revoke the tariff rate quota entitlement of a person for an eligible feed grain contract and a quota year if any of the following apply: (a) the person 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; (b) the person does not hold, or has ceased to hold, any licence required under a law of the Commonwealth to export consignments of feed grain under the contract; (c) 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); (d) the person’s business as an exporter of feed grain is not financially viable or is not likely to remain so; (e) the Secretary considers that it would not be in the best interests of the feed grain industry for the person to continue to have the tariff rate quota entitlement.

Note: For the purposes of paragraphs 9(2)(b) and (3)(c), the total of the person’s reservation amounts for eligible feed contracts and the quota year is taken to be reduced by any tariff rate quota entitlement revoked under this section (see subsection 9(4)).

(2) If the Secretary revokes a person’s tariff rate quota entitlement for an eligible feed grain contract and a quota year under subsection (1), the Secretary must: (a) record the revocation of the entitlement in an electronic system maintained by the Department; and (b) give the person written notice that the entitlement has been revoked. (3) A notice under paragraph (2)(b) must include: (a) the reasons for the revocation; and (b) information about the person’s right to have the decision reviewed.

Note: A decision to revoke tariff rate quota certificate is a reviewable decision (see section 120 of this instrument and Part 2 of Chapter 11 of the Act).