26Modifications of powers on review of decisions

26 Modifications of powers on review of decisions

(1) For the purposes of subsections 386(1) and (3) of the Act, this section modifies: (a) the powers of the Secretary or an internal reviewer, under subsection 383(4) of the Act, when reviewing a reviewable decision mentioned in section 25 of this instrument; and (b) the powers of the Administrative Review Tribunal, under section 54 or 105 of the Administrative Review Tribunal Act 2024, when reviewing: (i) a reviewable decision mentioned in section 25 of this instrument made by the Secretary personally; or (ii) a decision of the Secretary, or an internal reviewer, under section 383 of the Act that relates to a reviewable decision mentioned in section 25 of this instrument. Tariff rate quota certificates (2) If a decision not to issue a tariff rate quota certificate to a person in relation to a consignment for export under an eligible feed grain contract in a quota year is set aside at a time, a certificate may only be issued in relation to the consignment for: (a) if the person has a tariff rate quota entitlement for the contract at that time—the amount for which a certificate could be issued to the person in relation to the consignment under section 13 of this instrument at that time; or (b) if the person does not have a tariff rate quota entitlement for the contract at that time—the lower of the following amounts: (i) the weight of the consignment; (ii) the uncommitted annual access amount for the quota year at that time. (3) If: (a) a decision to revoke a tariff rate quota certificate issued to a person in relation to a consignment for export under an eligible feed grain contract in a quota year is set aside at a time; and (b) the amount for which the certificate was issued is more than the amount (the available amount) for which a certificate could be issued to the person under section 13 or 16 of this instrument in relation to a consignment for export to Indonesia under the contract in the quota year at that time; the revoked certificate may only be reinstated for the available amount. Tariff rate quota entitlements (4) If a decision not to reserve an amount of tariff rate quota entitlement for export by a person under an eligible feed grain contract in a quota year is set aside at a time, the amount of tariff rate quota entitlement that may be reserved for the person is the amount that could be reserved for the person at that time for export under the contract in the quota year. (5) If: (a) a decision to revoke a tariff rate quota entitlement for export by a person under an eligible feed grain contract in a quota year is set aside at a time; and (b) the amount of tariff rate quota entitlement that was revoked is more than the uncommitted annual access amount for the quota year at that time (the available amount); the tariff rate quota entitlement may only be reinstated for the available amount.