36Issuing tariff rate quota certificates

36 Issuing tariff rate quota certificates

Application of this section (1) This section applies in relation to an application under section 34 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) if the applicant is a new entrant for the quota type and quota year—the applicant’s new entrant available amount for the quota type and quota year is greater than zero; or (c) the uncommitted standard 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 applicant is a new entrant, 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, the applicant’s new entrant available amount and the uncommitted standard access amount at the time the Secretary deals with the application.

Note: A new entrant might have obtained a tariff rate quota entitlement by a transfer of entitlement under section 37.

(4) If the applicant is not a new entrant, 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 standard access amount at the time the Secretary deals with the application. (5) 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. (6) If the applicant is a new entrant for the quota type and quota year, the certificate is taken to be issued using new entrant access quota for the lesser of the following weights: (a) if the applicant does not have a tariff rate quota entitlement for the quota type and quota year at the time the Secretary deals with the application—the weight for which the tariff rate quota certificate is issued; (b) if the applicant does have such an entitlement—the difference between the weight for which the tariff rate quota certificate is issued and that entitlement; (c) the applicant’s new entrant available amount for the quota type and quota year at the time the Secretary deals with the application. (7) The certificate is taken to be issued using standard access quota for the following weight: (a) if the applicant is not a new entrant for the quota type and quota year—the weight for which the tariff rate quota certificate is issued; (b) if the applicant is a new entrant—the difference between the weight for which the tariff rate quota certificate is issued and the weight for which the certificate is taken to be issued using new entrant access quota.