Export Control (Tariff Rate Quotas—General) Rules 2021
28New entrants
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28 New entrants
(1) A person is a new entrant for a quota type and quota year if the person is: (a) a first year new entrant for the quota type and quota year; or (b) a second year new entrant for the quota type and quota year; or (c) a third year new entrant for the quota type and quota year. (2) A person is a first year new entrant for a quota type and quota year (the current quota year) if the person: (a) applied for a tariff rate quota certificate in relation to a consignment of the quota type for export in the current quota year; and (b) has not been allocated a tariff rate quota entitlement under section 30 or 45 for the quota type and the current quota year or any of the 3 quota years preceding the current quota year; and (c) has not been issued a tariff rate quota certificate in relation to a consignment of the quota type for export in either of the 2 quota years preceding the current quota year using new entrant access quota; and (d) is not an associated entity, within the meaning of the Corporations Act 2001, of any person who: (i) has been allocated a tariff rate quota entitlement under section 30 or 45 for the quota type and the current quota year or any of the 3 quota years preceding the current quota year; or (ii) has been issued a tariff rate quota certificate in relation to a consignment of the quota type for export in the current quota year, or either of the 2 quota years preceding the current quota year, using new entrant access quota. (3) A person is a second year new entrant for a quota type and quota year if: (a) the person was a first year new entrant for the quota type and the previous quota year; and (b) the person has not been allocated a tariff rate quota entitlement under section 30 for the quota type and quota year. (4) A person is a third year new entrant for a quota type and quota year if: (a) the person was a second year new entrant for the quota type and the previous quota year; and (b) the person has not been allocated a tariff rate quota entitlement under section 30 for the quota type and quota year.