18Issuing tariff rate quota certificates

18 Issuing tariff rate quota certificates

Application of this section (1) This section applies in relation to an application under section 16 for a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year. When Secretary must issue certificate (2) Subject to section 115, the Secretary must issue a tariff rate quota certificate to the applicant in relation to the consignment if, at the time the Secretary deals with the application: (a) for the issue of a certificate on or before the trigger deadline for the quota type and quota year—the uncommitted trigger amount for the quota type and quota year is greater than zero; or (b) for the issue of a certificate after the trigger deadline—the uncommitted annual access amount for the quota type and quota year is greater than zero.

Note: Section 115 deals with when the Secretary may decide not to issue a certificate.

(3) If the certificate is issued on or before the trigger deadline, the certificate must be issued for the lesser of: (a) the weight of the consignment applied for; and (b) the uncommitted trigger amount at the time the Secretary deals with the application. (4) If the certificate is issued after the trigger deadline, the certificate must be issued for the lesser of: (a) the weight of the consignment applied for; and (b) the uncommitted annual access amount at the time the Secretary deals with the application.