This instrument is the Export Control (Tariff Rate Quotas—Feed Grain Export to Indonesia) Rules 2021.
3 Authority
(1) Subject to subsection (2), this instrument is made under the Export Control Act 2020.
(2) Division 1 of Part 7 is made under the following:
(a) the Export Control Act 2020;
(b) item 92 of Schedule 3 to the Export Control (Consequential Amendments and Transitional Provisions) Act 2020.
4 Purpose of this instrument
For the purposes of section 264 of the Act, this instrument provides for, and in relation to, the establishment and administration of a system of tariff rate quotas for the export of feed grain to Indonesia.
5 Definitions
In this instrument:
Act means the Export Control Act 2020, and includes:
(a) legislative instruments made under the Export Control Act 2020; and
(b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.
annual access amount, for a quota year, means the weight of feed grain that may, under the Indonesia‑Australia Comprehensive Economic Partnership Agreement, be exported from Australia to Indonesia in the quota year at a reduced tariff rate.
certificate application period, for an eligible feed grain contract, means the period specified in the contract for applications for tariff rate quota certificates to be made.
consignment means a single shipment (by sea or air) of feed grain that is exported to a single consignee.
eligible feed grain contract means a contract between a person and a consignee in Indonesia to export feed grain that:
(a) is signed by both parties; and
(b) specifies the total weight of feed grain to be exported to the consignee under the contract; and
(c) specifies a period, no longer than 2 months, in which applications for tariff rate quota certificates for consignments to be exported will be made.
feed grain means feed grain of a kind that may be exported from Australia to Indonesia at a reduced tariff rate under the Indonesia‑Australia Comprehensive Economic Partnership Agreement.
Indonesia‑Australia Comprehensive Economic Partnership Agreement means the Indonesia‑Australia Comprehensive Economic Partnership Agreement done at Jakarta on 4 March 2019, as in force for Australia from time to time.
Note: The Agreement could in 2020 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
quota year means a period of 12 months beginning on 1 January.
relevant destination authority means the authority or body that is responsible for regulating the importation of feed grain into Indonesia.
reservation amount: a person’s reservation amount for an eligible feed grain contract and a quota year is the amount of tariff rate quota entitlement that the Secretary reserved under section 9 for export under the contract in that quota year.
Note: The reservation amount does not change over time, unless it is varied under section 12. The amount of tariff rate quota entitlement for the contract and quota year will reduce over time as tariff rate quota certificates are issued for consignments of feed grain for export under the contract in the quota year.
tariff rate quota certificate means a tariff rate quota certificate issued under this instrument.
Note: A tariff rate quota certificate is not a government certificate (see the definition of government certificate in section 12 of the Act).
tariff rate quota entitlement: see section 6.
uncommitted annual access amount: the uncommitted annual access amount for a quota year at a particular time is the annual access amount for the quota year reduced by the sum of:
(a) the total weight for which tariff rate quota certificates have been issued in relation to consignments of feed grain for export to Indonesia in that quota year; and
(b) the total amounts of tariff rate quota entitlements at that time of all persons for all eligible feed grain contracts and that quota year.
Note: If a tariff rate quota certificate in relation to a consignment is revoked, the certificate is taken never to have been issued (see section 19).
6 Tariff rate quota entitlement
(1) In this instrument, a person has a tariff rate quota entitlement for an eligible feed grain contract and a quota year if:
(a) the Secretary has reserved an amount of tariff rate quota entitlement under section 9 for export under the contract in that quota year; and
(b) the entitlement has not been revoked under section 22, 23 or 24.
(2) The amount of the person’s tariff rate quota entitlement at a particular time is the reservation amount for the contract and the quota year reduced by the total weight for which tariff rate quota certificates have been issued before that time in relation to consignments for export to Indonesia under the contract in the quota year.
Note 1: The amount reserved by the Secretary does not change over time, unless it is varied under section 12. The amount of tariff rate quota entitlement for the contract and quota year will reduce over time as tariff rate quota certificates are issued for consignments of feed grain for export under the contract in the quota year.
Note 2: If a tariff rate quota certificate in relation to a consignment is revoked, the certificate is taken never to have been issued (see section 19).
(3) An amount includes a zero amount.
Part 2—Reservation of tariff rate quota entitlement
7 Applications to reserve tariff rate quota entitlement
(1) A person may apply to the Secretary to reserve an amount of tariff rate quota entitlement for export of feed grain to Indonesia in a quota year under an eligible feed grain contract.
(2) The maximum amount of tariff rate quota entitlement that the person may apply to reserve is 110% of the total weight of feed grain specified in the contract.
(3) An application must not be made before 1 November in the calendar year immediately before the quota year.
Note: A person also must not make an application in certain periods after having a previous amount of tariff rate quota entitlement revoked (see subsections 23(6) and 24(4)).
(4) An application must:
(a) be accompanied by a copy of the eligible feed grain contract; and
(b) state the amount of tariff rate quota entitlement that the applicant wishes to reserve.
Note: See section 30 for additional requirements and other matters relating to applications.
8 Applications to be dealt with in order of receipt
The Secretary must deal with applications made under subsection 7(1) in the order in which the applications are received by the Secretary.
Note: Subsection 30(7) deals with when an application is taken to be received by the Secretary.
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.
10 When Secretary may decide not to reserve tariff rate quota entitlement
The Secretary may decide not to reserve an amount of tariff rate quota entitlement for export by the applicant under the eligible feed grain contract in the quota year if the Secretary considers that it is not appropriate to do so, 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 consignments of feed grain under the contract—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 reservation to be made.
Note: A decision not to reserve an amount of tariff rate quota entitlement is a reviewable decision (see section 25 of this instrument and Part 2 of Chapter 11 of the Act).
11 Outcome of application
(1) If the Secretary reserves an amount of tariff rate quota entitlement for export of feed grain by the applicant under the eligible feed grain contract in the quota year, the Secretary must:
(a) make an entry reflecting the reservation in an electronic system maintained by the Department; and
(b) give the applicant written notice of the reservation amount for the contract and the quota year.
(2) If the Secretary does not reserve an amount of tariff rate quota entitlement for export of feed grain by the applicant under the eligible feed grain contract in the quota year, the Secretary must give the applicant a written notice stating:
(a) that the application was not successful; and
(b) the reasons why the application was not successful; and
(c) if the decision was made under section 10—information about the applicant’s right to have the decision reviewed.
Note: An application might also not be successful because the uncommitted annual access amount for the quota year is zero, or because the applicant already has 150,000 tonnes reserved before 1 May in the quota year.
12 Application to vary reservation amount
(1) A person who has a tariff rate quota entitlement for an eligible feed grain contract (the original contract) and a quota year may, if the total weight of feed grain to be exported under the contract is varied (the varied contract), make an application to the Secretary to vary the reservation amount for the contract.
(2) Subsections 7(2) and (4) and sections 8 to 11 apply to the application as if it were an application under subsection 7(1).
Note: See section 30 for additional requirements and other matters relating to applications.
(3) For the purposes of dealing with the application under section 9, the applicant is taken not to have a reservation amount and tariff rate quota entitlement for the contract and the quota year.
Note: This prevents the contract from being double‑counted by excluding the original contract from calculations in relation to the varied contract.
(4) If, under section 9, the Secretary reserves an amount of tariff rate quota entitlement for export in the quota year under the varied contract (the new reservation amount):
(a) the new reservation amount becomes the applicant’s reservation amount for the contract and the quota year; and
(b) the applicant’s tariff rate quota entitlement for the contract and the quota year is the new reservation amount reduced by the weight for which tariff rate quota certificates have already been issued in relation to consignments for export to Indonesia in the quota year under the original contract.
(5) If the Secretary does not reserve an amount of tariff rate quota entitlement for export under the varied contract, the applicant’s reservation amount and amount of tariff rate quota entitlement for the original contract and the quota year are unchanged.
Part 3—Tariff rate quota certificates
13 Issue of tariff rate quota certificates using tariff rate quota entitlement
Applications for tariff rate quota certificates
(1) A person who has a tariff rate quota entitlement for an eligible feed grain contract and a quota year may, if the amount of the entitlement is greater than zero, apply to the Secretary for a tariff rate quota certificate in relation to a consignment to be exported to Indonesia under the contract in the quota year.
(2) An application must be made during the certificate application period for the contract.
Note: See section 30 for additional requirements and other matters relating to applications.
Issuing tariff rate quota certificates
(3) Subject to section 14, the Secretary must issue a tariff rate quota certificate to the applicant in relation to the consignment.
Note: Section 14 deals with when the Secretary may decide not to issue a certificate.
(4) The certificate must be issued for the lower of the following amounts:
(a) the weight of the consignment applied for;
(b) the amount of the applicant’s tariff rate quota entitlement for the contract and the quota year at the time the Secretary deals with the application.
Note: The amount of the applicant’s tariff rate quota entitlement for the contract and the quota year is reduced by the weight for which the tariff rate quota certificate is issued (see subsection 6(2)).
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).
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).
16 Replacement tariff rate quota certificates
Applications for replacement tariff rate quota certificates
(1) A person to whom a tariff rate quota certificate (the original certificate) was issued in relation to a consignment for export to Indonesia under an eligible feed grain contract in a quota year may apply to the Secretary for a new tariff rate quota certificate (the replacement certificate) to be issued in relation to a consignment for export to Indonesia under the contract in the quota year if:
(a) the original certificate has not been accepted by the relevant destination authority and has not been revoked; and
(b) the tariff rate quota entitlement of the person for the eligible feed grain contract and quota year has been revoked.
Note 1: If the person has a tariff rate quota entitlement, the person may request revocation of a tariff rate quota certificate under subsection 15(1), and apply for a new certificate under section 13.
Note 2: See section 30 for additional requirements and other matters relating to applications.
Issuing replacement tariff rate quota certificates
(2) The Secretary must issue a replacement certificate to the applicant in relation to the consignment.
(3) The replacement certificate must be issued for the lowest of the following amounts:
(a) the weight of the consignment;
(b) the difference between:
(i) the reservation amount for the eligible feed grain contract and the quota year; and
(ii) the total weight for which tariff rate quota certificates (other than the original certificate) have been issued in relation to consignments for export under the eligible feed grain contract;
(c) the sum of:
(i) the uncommitted annual access amount at the time the Secretary deals with the application; and
(ii) the amount for which the original certificate was issued.
(4) When the Secretary issues the replacement certificate, the Secretary must revoke the original certificate.
17 Recording issue of tariff rate quota certificate
If the Secretary issues a tariff rate quota certificate to a person under section 13 or 16, the Secretary must:
(a) record the issue of the certificate in an electronic system maintained by the Department; and
(b) either:
(i) send the certificate to the person; or
(ii) give the person written notice that the certificate has been issued.
18 Recording revocation of tariff rate quota certificate
(1) If the Secretary revokes a tariff rate quota certificate under section 15 or 16, the Secretary must:
(a) record the revocation of the certificate in an electronic system maintained by the Department; and
(b) if the revocation was under subsection 15(2)—give the person to whom the certificate was issued written notice of the revocation.
(2) A notice under paragraph (1)(b) must include:
(a) the reasons for the revocation; and
(b) information about the person’s right to have the decision reviewed.
19 Effect of revocation on calculations
For the purposes of working out the weight of tariff rate quota certificates that have been issued in relation to consignments, a tariff rate quota certificate that is revoked is taken never to have been issued.
20 When tariff rate quota certificate has effect
(1) If a tariff rate quota certificate in relation to a consignment for export to Indonesia in a quota year is issued before the start of the quota year, the certificate has no effect before the start of the quota year.
(2) A tariff rate quota certificate in relation to a consignment for export to Indonesia in a quota year ceases to have effect if the consignment is not accepted for entry into Indonesia before:
(a) the end of the quota year; or
(b) if the relevant destination authority has set an earlier expiry date—that expiry date.
21 Tariff rate quota certificates not transferable or able to be varied
A tariff rate quota certificate is not transferable and may not be varied in any respect.
Note: A certificate may be revoked and, subject to the requirements of this instrument, a new certificate may be able to be issued with similar content.
Part 4—Revoking tariff rate quota entitlements
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).
23 Revocation of tariff rate quota entitlement on request
(1) A person who has a tariff rate quota entitlement for an eligible feed grain contract and a quota year may give the Secretary a written notice (a revocation notice) stating that:
(a) the person does not want to make further applications for tariff rate quota certificates for consignments under the contract; and
(b) the person wants the tariff rate quota entitlement for the contract to be revoked.
(2) A revocation notice must be given to the Secretary before the end of the certificate application period for the contract.
Note: If no notice is given and an amount of tariff rate quota entitlement remains at the end of the certificate application period, the entitlement will be revoked and the person will be excluded from applying for further reservation amounts for a period (see section 24).
(3) If the Secretary receives a revocation notice, the person’s tariff rate quota entitlement for the contract and the quota year is revoked at the time the Secretary receives the notice.
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)).
(4) However, if at the time the Secretary receives the notice the person has made one or more applications for a tariff rate quota certificate in relation to a consignment to be exported under the contract in the quota year that the Secretary has not dealt with, the entitlement is revoked when the Secretary has dealt with all of the applications.
(5) The Secretary must record the revocation of the entitlement in an electronic system maintained by the Department.
(6) If the amount of the revoked tariff rate quota entitlement for the contract and the quota year is more than 25% of the reservation amount for the contract and quota year, the person must not make an application under section 7 for a period of 28 days beginning on the day the Secretary receives the revocation notice.
24 Entitlement revoked at end of certificate application period
(1) If a person has a tariff rate quota entitlement for an eligible feed grain contract and a quota year at the end of the certificate application period for the contract (and has not given the Secretary a revocation notice in accordance with section 23), the entitlement is revoked at the start of the day after the last day of the certificate application period for the contract (the revocation time).
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) However, if at the revocation time the person has made one or more applications for a tariff rate quota certificate in relation to a consignment to be exported under the contract in the quota year that the Secretary has not dealt with, the entitlement is revoked when the Secretary has dealt with all of the applications.
(3) The Secretary must record the revocation of the entitlement in an electronic system maintained by the Department.
(4) If a person’s tariff rate quota entitlement for a contract and quota year is revoked under this section and the amount of the revoked entitlement is not zero, the person must not make an application under section 7:
(a) for a period of 28 days beginning on the day the entitlement is revoked; or
(b) if the amount of the revoked entitlement is equal to the person’s reservation amount for the contract and quota year—until 1 May in the next quota year.
Part 5—Reviewable decisions
25 Reviewable decisions
For the purposes of subsection 381(2) of the Act:
(a) a decision referred to in column 1 of an item in the following table made under the provision referred to in column 2 of the item is a reviewable decision; and
(b) the person referred to in column 3 of the item is the relevant person for the reviewable decision.
(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.
Part 6—Miscellaneous
30 Matters relating to applications
Applications covered by this section
(1) This section applies in relation to an application under any of the following:
(a) subsection 7(1) (application to reserve an amount of tariff rate quota entitlement);
(b) subsection 12(1) (application to vary the reservation amount for an eligible feed grain contract);
(c) subsection 13(1) (application for a tariff rate quota certificate);
(d) subsection 16(1) (application for a replacement tariff rate quota certificate).
Requirements for applications
(2) An application must:
(a) be made in a manner approved, in writing, by the Secretary; and
(b) if the Secretary has approved a form for making the application:
(i) include the information required by the form; and
(ii) be accompanied by any documents required by the form.
Note: A person may commit an offence if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 136.1, 137.1 and 137.2 of the Criminal Code).
(3) The Secretary may accept any information or document previously given to the Secretary in connection with an application made under this instrument as satisfying any requirement to give that information or document under subsection (2).
(4) An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (2) for the application.
Secretary may request further information
(5) The Secretary may request further information from the applicant that is relevant to the application.
(6) Any further information in relation to the application (whether or not provided in response to a request under subsection (5)) must be given to the Secretary.
When application is taken to be received by Secretary
(7) An application is taken to be received by the Secretary when all of the following information has been received:
(a) the information required by the approved form for the application or otherwise required by the Secretary;
(b) if further information is requested under subsection (5) in relation to the application—that further information.
Withdrawal of application
(8) A person who has made an application may withdraw the application at any time before the Secretary makes a decision on the application.
31 Other circumstances in which Secretary may require audit
(1) For the purposes of paragraph 266(1)(g) of the Act, the Secretary may require an audit to be conducted of export operations in relation to feed grain carried out by:
(a) a person who has applied to reserve an amount of tariff rate quota entitlement in relation to feed grain; or
(b) a person for whom an amount of tariff rate quota entitlement has been reserved for export in relation to feed grain (whether or not the entitlement has been revoked).
Note: An audit may also be conducted of export operations carried out in relation to feed grain by a person who has applied for a tariff rate quota certificate or to whom a tariff rate quota certificate has been issued (see paragraph 266(1)(f) of the Act). Part 1 of Chapter 9 of the Act and section 32 of this instrument provide for the conduct of an audit.
(2) For the purposes of paragraph 266(2)(f) of the Act, an audit may relate to whether a matter stated in connection with an application to reserve an amount of tariff rate quota entitlement in relation to feed grain is correct.
32 Conduct of audit
(1) For the purposes of subsections 270(4) and (5) of the Act, this section makes provision for and in relation to an audit of export operations in relation to feed grain carried out by:
(a) a person who has applied to reserve an amount of tariff rate quota entitlement in relation to feed grain; or
(b) a person for whom an amount of tariff rate quota entitlement has been reserved in relation to feed grain (whether or not the entitlement has been revoked); or
(c) a person who has applied for a tariff rate quota certificate in relation to feed grain; or
(d) a person to whom a tariff rate quota certificate in relation to feed grain (whether or not the certificate has been revoked).
(2) An audit must be conducted:
(a) as expeditiously as possible; and
(b) in a way that results in minimal interference to the export operations to which the audit relates.
(3) After an auditor completes an audit, or the audit ends, the auditor must make a written report of the audit.
(4) The auditor must give a copy of the audit report to the relevant person for the audit before the end of the period of 14 business days beginning on the day the audit is completed or ends.
Note: For the relevant person for an audit, see section 269 of the Act.
(5) The Secretary may, by notice in writing given to the auditor, request the auditor to give the Secretary a copy of the audit report. The Secretary may specify in the notice the manner in which the auditor is to give the copy.
(6) The auditor must comply with any request under subsection (5) before the end of the later of the following periods:
(a) the period of 14 business days beginning on the day the Secretary made the request;
(b) the period of 14 business days beginning on the day the audit is completed or ends.
33 Use of computer programs to make decisions
Kinds of decisions
(1) For the purposes of paragraph 286(2)(a) of the Act, the following decisions under provisions of this instrument may be made by the operation of a computer program (an authorised computer program) under an arrangement made under subsection 286(1) of the Act:
(a) a decision under section 9 to reserve an amount of tariff rate quota entitlement (but not a decision under section 10 not to reserve an amount);
(b) a decision under section 13 to issue a tariff rate quota certificate (but not a decision under section 14 not to issue a certificate);
(c) a decision under subsection 15(1) to revoke a tariff rate quota certificate upon request;
(d) a decision under section 16 to issue a replacement tariff rate quota certificate.
Persons who may use computer program
(2) For the purposes of paragraph 286(2)(b) of the Act, the following persons may use an authorised computer program for a decision referred to in subsection (1) of this section:
(a) an exporter of feed grain;
(b) an agent of an exporter of feed grain;
(c) an authorised officer;
(d) an APS employee in the Department;
(e) a person performing services for the Department under a contract;
if the Secretary has given the person a unique identifier to enable the person to access the computer program.
Conditions of use of computer program
(3) For the purposes of paragraph 286(2)(c) of the Act, a person who may use an authorised computer program under subsection (2) of this section must:
(a) be satisfied on reasonable grounds that information entered into the computer program by the person for the purpose of enabling decisions to be made by operation of the computer program is true and correct; and
(b) ensure that the information is accurately entered into the computer program.
Part 7—Application, saving and transitional provisions
Division 1—Transitional provisions relating to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2021
34 Definition for this Division
In this Division:
commencement time means the time when the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2021 commence.
35 Audit required but not commenced before commencement time
Audit in relation to tariff rate quota certificate
(1) If:
(a) the Secretary had, under section 31 of this instrument as in force before the commencement time, required an audit to be carried out in relation to a tariff rate quota certificate or certificates issued to a person; and
(b) the audit had not commenced before the commencement time;
the requirement is taken to be a requirement under paragraph 266(1)(f) of the Act for an audit to be conducted of export operations carried out by the person in relation to feed grain.
Audit in relation to reserved tariff rate quota entitlement
(2) If:
(a) the Secretary had, under section 31 of this instrument as in force before the commencement time, required an audit to be carried out in relation to an amount or amounts of tariff rate quota entitlement reserved for a person; and
(b) the audit had not commencement before the commencement time;
the requirement is taken to be a requirement under section 31 of this instrument as in force after the commencement time for an audit to be conducted of export operations carried out by the person in relation to feed grain.
36 Audit in progress before commencement time
(1) This section applies if:
(a) the Secretary had, under section 31 of this instrument as in force before the commencement time, required an audit to be carried out; and
(b) the audit had commenced before the commencement time but had not been completed at that time.
(2) The auditor must complete the audit as if section 31, as in force before the commencement time, had not been repealed. For the purposes of the audit, the approval of the auditor (under subsection 31(2) as in force before the commencement time) continues in force.
37 Review of decisions
Part 5 of this instrument, as in force immediately before the commencement time, continues to apply in relation to:
(a) an initial decision that was made under this instrument before the commencement time; and
(b) a decision of the Secretary (whether made before or after the commencement time) following a reconsideration of an initial decision referred to in paragraph (a).
38 Confidentiality of information
Information obtained under, or in accordance with, or in performing functions or exercising powers under, this instrument before the commencement of the Act is taken to be protected information for the purposes of the Act.
Division 2—Application provisions relating to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025
39 Amendments made by the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025
(1) The amendments of sections 10, 14, 15 and 22 made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 apply in relation to the following:
(a) a failure on or after the commencement of that Part to provide facilities and assistance to an auditor as required by section 271 of the Act;
(b) a request made by an auditor under paragraph 272(1)(a) of the Act on or after the commencement of that Part.
(2) The amendment of section 32 made by Part 1 of Schedule 1 to the Export Control Legislation Amendment (Tariff Rate Quotas) Rules 2025 applies in relation to an audit that is completed or ends on or after the commencement of that Part.