9Reserving tariff rate quota entitlement

9 Reserving tariff rate quota entitlement

(1) This section applies in relation to an application under subsection 7(1). (2) Subject to section 10, the Secretary must reserve an amount of tariff rate quota entitlement for export by the applicant under the eligible feed grain contract in the quota year if, at the time the Secretary deals with the application: (a) the uncommitted annual access amount for the quota year is greater than zero; and (b) if the application was made before 1 May in the quota year—the total of the applicant’s reservation amounts for eligible feed grain contracts for the quota year is less than 150,000 tonnes.

Note: Section 10 deals with when the Secretary may decide not to reserve an amount of tariff rate quota entitlement.

(3) The amount the Secretary must reserve is the lowest of the following amounts: (a) the amount of tariff rate quota entitlement applied for; (b) the uncommitted annual access amount at the time the Secretary deals with the application; (c) if the application was made before 1 May in the quota year—the difference, at the time the Secretary deals with the application, between 150,000 tonnes and the total of the applicant’s reservation amounts for eligible feed grain contracts for the quota year. (4) For the purposes of paragraphs (2)(b) and (3)(c), the total of the applicant’s reservation amounts for eligible feed grain contracts and the quota year is taken to be reduced by the amount of any tariff rate quota entitlement of the person for an eligible feed grain contract and the quota year that has been revoked under section 22, 23 or 24.