25Issuing tariff rate quota certificates

25 Issuing tariff rate quota certificates

Application of this section (1) This section applies in relation to an application under section 23 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) the applicant’s tariff rate quota entitlement for the quota type and quota year is greater than zero; or (b) 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) The certificate must be issued for the lesser of: (a) the weight of the consignment applied for; and (b) the sum of the applicant’s tariff rate quota entitlement and the uncommitted annual access amount at the time the Secretary deals with the application. (4) If the applicant’s tariff rate quota entitlement for the quota type and quota year is greater than zero at the time the Secretary deals with the application, the applicant’s tariff rate quota entitlement is reduced (but not below zero) by the weight for which the tariff rate quota certificate is issued.