45Allocation of quota after reclamation day—applicants who are not new entrants

45 Allocation of quota after reclamation day—applicants who are not new entrants

(1) The Secretary must allocate amounts of tariff rate quota entitlement for a quota type and a quota year to persons who applied for entitlement in accordance with paragraph 39(2)(b) or under section 44 as soon as practicable after: (a) all relevant amounts of tariff rate quota entitlement for the quota type and quota year have been revoked under section 40; and (b) the Secretary has allocated amounts of tariff rate quota entitlement for the quota type and quota year under section 42. (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 annual 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 annual access amount for the quota type and quota year as at the time the Secretary makes the allocation—the amount worked out under section 46.

Note: The uncommitted annual access amount is not available for the purposes of issuing tariff rate quota certificates until this allocation process is carried out (see subsection 49(5)).