44Application by person who is not new entrant for quota allocation after reclamation day

44 Application by person who is not new entrant for quota allocation after reclamation day

(1) Subject to subsection (2), a person may apply to the Secretary under this section for an allocation of an amount of tariff rate quota entitlement for a quota type and a quota year if: (a) the person is an eligible person for the quota type; (b) the person is not a new entrant for the quota type and quota year; and (c) the person does not, at the time of the application, have a tariff rate quota entitlement for the quota type and quota year.

Note 1: A person who has a tariff rate quota entitlement is required to give the Secretary a notice under section 39, and may, as part of that notice, apply for an amount of additional tariff rate quota entitlement.

Note 2: A person who is allocated an amount of tariff rate quota entitlement for a quota type and a quota year under section 45 cannot qualify as a new entrant for the quota type for the next 3 quota years (see section 28).

(2) A person is not eligible to apply for an allocation for a quota type and a quota year if, in relation to any of the 3 previous quota years: (a) the person transferred one or more amounts of tariff rate quota entitlement for the quota type and quota year; and (b) the total of the amounts that the person transferred was more than the amount worked out using the following formula: Start formula Maximum transfer percentage times open bracket Allocations plus Transfers in close bracket end formula where: allocations is the sum of all of the amounts of tariff rate quota entitlement for the quota type and quota year that the person has been allocated. maximum transfer percentage is the maximum transfer percentage for the quota type. transfers in is the sum of all of the amounts of tariff rate quota entitlement for the quota type and quota year that have been transferred to the person. When to make application (3) The application must be made on or before the reclamation day for the quota type and quota year. Requirements for applications (4) The application must: (a) state the amount of tariff rate quota entitlement being applied for; and (b) be made in a manner approved, in writing, by the Secretary; and (c) if the Secretary has approved a form for making the application: (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 makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 136.1, 137.1 and 137.2 of the Criminal Code).

(5) The Secretary may accept any information or document previously given to the Secretary in connection with an application made under this instrument as satisfying any requirement to give that information or document under subsection (4). (6) An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (4) for the application.