115When Secretary may decide not to issue tariff rate quota certificate

115 When Secretary may decide not to issue tariff rate quota certificate

(1) This section applies in relation to an application made under Chapter 2 for a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year. (2) The Secretary may decide not to issue a tariff rate quota certificate to the applicant 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) whether the applicant does not hold a licence required under a law of the Commonwealth to export the consignment; (c) any relevant Commonwealth liability in relation to a tariff rate quota certificate, in relation to a consignment of any quota type, 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 the kind of goods is not financially viable or is not likely to remain so; (e) whether it would not be in the best interests of the industry relating to the kind of goods for the certificate to be issued. (3) 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).