39Notice before reclamation day

39 Notice before reclamation day

(1) A person who has a tariff rate quota entitlement for a quota type and a quota year must give the Secretary a written notice under this section on or before the reclamation day for the quota type and quota year. (2) The notice must state: (a) the amount of tariff rate quota entitlement that the person is returning; or (b) the amount of additional tariff rate quota entitlement that the person is applying for; or (c) that the person does not intend to either return tariff rate quota entitlement or apply for additional tariff rate quota entitlement.

Note: For applications for tariff rate quota entitlement by persons who do not have an entitlement, see section 44.

(3) The notice must: (a) be made in a manner approved, in writing, by the Secretary; and (b) if the Secretary has approved a form for making the notice: (i) include the information required by the form; and (ii) be accompanied by any documents required by the form.

Note: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).

(4) The Secretary may accept any information or document previously given to the Secretary under this instrument as satisfying any requirement to give that information or document under subsection (3). (5) A notice is taken not to have been given if the notice does not comply with the requirements referred to in subsection (3) for the notice.