Export Control (Tariff Rate Quotas—General) Rules 2021
132Determination of uncommitted access amounts
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132 Determination of uncommitted access amounts
(1) The Secretary may by legislative instrument, to take account of the withdrawal of the United Kingdom from the European Union, determine that, at a particular time during the quota year beginning on 1 July 2020: (a) a specified weight is taken to be the uncommitted annual access amount for EU high quality beef for export to the European Union in the quota year; and (b) a specified weight is taken to be the uncommitted new entrant access amount for EU high quality beef for export to the European Union in the quota year; and (c) a specified weight is taken to be the uncommitted standard access amount for EU high quality beef for export to the European Union in the quota year; and (d) a specified weight is taken to be the uncommitted annual access amount for UK high quality beef for export to the United Kingdom in the quota year; and (e) a specified weight is taken to be the uncommitted new entrant access amount for UK high quality beef for export to the United Kingdom in the quota year; and (f) a specified weight is taken to be the uncommitted standard access amount for UK high quality beef for export to the United Kingdom in the quota year. (2) The Secretary may exercise the power to determine weights at a particular time in relation to more than one time during the quota year beginning on 1 July 2020. (3) If the Secretary decides to make a determination under subsection (1), the Secretary must take the following into account: (a) the amount the European Union determines is the weight of EU high quality beef that may be exported from Australia to the European Union in the period from 1 January 2021 to 30 June 2021 at the ad valorem customs duty set out in order number 09.4451 in Annex VIII to the EU Tariff Quota Regulation; (b) 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; (c) the consignments of EU high quality beef for export to a member country of the European Union (not including 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 member country); (d) 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); (e) 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; (f) if the Secretary has 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 section 131—the amount of each person’s entitlement.