42Allocation of quota after reclamation day—new entrants

42 Allocation of quota after reclamation day—new entrants

(1) The Secretary must, as soon as practicable after the reclamation day for a quota type and a quota year, allocate amounts of tariff rate quota entitlement for the quota type and quota year to applicants under section 41 in accordance with this section.

Note: The Secretary must deal with all applications for tariff rate quota certificates made under section 34 before allocating entitlements in accordance with this section (see subsection 35(2)).

(2) The amount of tariff rate quota entitlement to be allocated to an applicant is: (a) if the total amount applied for in all applications is less than or equal to the uncommitted new entrant access amount for the quota type and quota year as at the time the Secretary makes the allocation—the amount the person applied for; or (b) if the total amount applied for in all applications is more than the uncommitted new entrant access amount for the quota type and quota year as at the time the Secretary makes the allocation—the amount worked out under section 43.