49Issuing tariff rate quota certificates

49 Issuing tariff rate quota certificates

Application of this section (1) This section applies in relation to an application under section 47 for a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year. When Secretary must issue certificate (2) Subject to subsection (5) and section 115, the Secretary must issue a tariff rate quota certificate to the applicant in relation to the consignment if, at the time the Secretary deals with the application: (a) the applicant’s tariff rate quota entitlement for the quota type and quota year is greater than zero; or (b) the uncommitted annual access amount for the quota type and quota year is greater than zero.

Note: Section 115 deals with when the Secretary may decide not to issue a certificate.

(3) The certificate must be issued for the lesser of: (a) the weight of the consignment applied for; and (b) the sum of the applicant’s tariff rate quota entitlement and the uncommitted annual access amount at the time the Secretary deals with the application. (4) If the applicant’s tariff rate quota entitlement is greater than zero at the time the Secretary deals with the application, the applicant’s tariff rate quota entitlement is reduced (but not below zero) by the weight for which the tariff rate quota certificate is issued. No uncommitted annual access amount until after allocation process (5) For the purposes of this section, the uncommitted annual access amount for a quota type and a quota year is taken to be zero during the period: (a) beginning at the start of the day after the reclamation day for the quota type and quota year; and (b) ending when the Secretary has allocated amounts of tariff rate quota entitlement for the quota type and quota year to persons in accordance with section 45.