Export Control (Tariff Rate Quotas—General) Rules 2021
131Allocation of UK high quality beef entitlements for quota year beginning on 1 July 2020
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131 Allocation of UK high quality beef entitlements for quota year beginning on 1 July 2020
(1) If the Secretary has, under section 130, varied the amount of a person’s tariff rate quota entitlement for EU high quality beef for export to the European Union in the quota year beginning on 1 July 2020, the Secretary may: (a) allocate the person an amount of tariff rate quota entitlement for UK high quality beef for export to the United Kingdom in that quota year; or (b) if the person has previously been allocated an amount of tariff rate quota entitlement for UK high quality beef for export to the United Kingdom under this section—vary the amount of the entitlement. (2) In deciding the amount, or the new amount, of a person’s tariff rate quota entitlement, the Secretary must take the following into account: (a) the amount the United Kingdom determines is the total weight of UK high quality beef that may be exported from Australia to the United Kingdom in the period from 1 January 2021 to 30 June 2021 at the quota duty rate for quota number 05.4451 in the UK Quota Table; (b) the consignments of UK high quality beef for export to the United Kingdom in the quota year beginning on 1 July 2020 for which tariff rate quota certificates have been issued (including consignments that have not yet been accepted for entry into the United Kingdom); (c) the amount of each person’s tariff rate quota entitlement for EU high quality beef for export to the European Union in the quota year beginning on 1 July 2020; (d) if the Secretary has previously allocated amounts of tariff rate quota entitlement for UK high quality beef for export to the United Kingdom in the quota year beginning on 1 July 2020 under this section—the amount of each person’s entitlement.
Note 1: Before 1 January 2021, the United Kingdom was included in the European Union for the purposes of this instrument.
Note 2: A tariff rate quota certificate might have been issued for a consignment of UK high quality beef on the basis that it was a consignment of EU high quality beef for export to the European Union (see subsection 129(2)).
(3) In deciding the amount, or the new amount, of a person’s tariff rate quota entitlement, the Secretary may also have regard to any other matter the Secretary reasonably believes is relevant. (4) If the Secretary allocates a person an amount of tariff rate quota entitlement under subsection (1), the Secretary must give the person a written notice stating the amount of the entitlement. (5) If the Secretary varies the amount of a person’s tariff rate quota entitlement under subsection (1), the Secretary must give the person a written notice stating the new amount of the entitlement.