43Calculation of tariff rate quota entitlement for new entrants

43 Calculation of tariff rate quota entitlement for new entrants

(1) For the purposes of paragraph 42(2)(b) and subject to this section, the amount of tariff rate quota entitlement to be allocated to an applicant for a quota type and a quota year is the uncommitted new entrant access amount for the quota type and quota year at the time the Secretary makes the allocation, divided by the number of applicants. (2) If the amount worked out under subsection (1) for any applicant (a quota‑filled applicant) is more than the amount of tariff rate quota entitlement the applicant applied for: (a) the amount of tariff rate quota entitlement to be allocated to each quota‑filled applicant is equal to the amount of tariff rate quota entitlement that applicant applied for; and (b) the amount of tariff rate quota entitlement to be allocated to each applicant who is not a quota‑filled applicant must be recalculated under subsection (1); and (c) for the purposes of the recalculation: (i) each quota‑filled applicant is taken not to be an applicant; and (ii) the uncommitted new entrant access amount is taken to be reduced by the total amount of tariff rate quota entitlement to be allocated to quota‑filled applicants. (3) The recalculation mentioned in subsection (2) must be repeated until subsection (2) no longer applies in relation to any applicant. (4) The amount of tariff rate quota entitlement to be allocated to each applicant, as calculated under subsections (1) to (3), must be rounded to the nearest kilogram, with 0.5 of a kilogram to be rounded up. (5) However, if the sum of the tariff rate quota entitlements to be allocated exceeds the uncommitted new entrant access amount for the quota type and quota year at the time the Secretary makes the allocation, the amount of tariff rate quota entitlement to be allocated to each applicant must be rounded down to the nearest kilogram instead.