121Modifications of powers on review of decisions

121 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 120 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 120 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 120 of this instrument. (2) If a decision not to issue a tariff rate quota certificate to a person in relation to a consignment of a quota type for export in a quota year is set aside at a time, a certificate may only be issued for the amount for which a certificate could be issued to the person at that time under Chapter 2 of this instrument in relation to the consignment for export in that quota year.

Note: Chapter 2 provides methods for issuing tariff rate quota certificates. Chapter 3 determines which method applies for consignments of a particular quota type.

(3) If: (a) a decision to revoke a tariff rate quota certificate issued to a person in relation to a consignment of a quota type for export 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 at that time under Chapter 2 of this instrument for a consignment of that quota type for export in that quota year; the revoked certificate may only be reinstated for the available amount.

Chapter 6—Miscellaneous