52MAllocation of tariff rate quota entitlement

52M Allocation of tariff rate quota entitlement

(1) The Secretary must, as soon as practicable after the annual application day for a quota type and a quota year, allocate to applicants under section 52L amounts of tariff rate quota entitlement for that quota type and quota year in accordance with this section. (2) The amount of tariff rate quota entitlement to be allocated to an applicant for the quota type and quota year is the amount worked out using the following method statement.

Method statement

Step 1. The Secretary must request, in writing, each eligible producer for the quota type to provide the following information on or before the annual nomination day for the quota type and quota year:

(a) the eligible producer’s past production amount for the quota type for the past production period;

(b) the percentage of that past production amount that was allocated by the eligible producer to each eligible person.

Step 2. Disregard an eligible producer from the following steps if the eligible producer:

(a) does not provide the requested information on or before the annual nomination day for the quota type and quota year; or

(b) provides information that the eligible producer’s past production amount for the quota type for the past production period is nil.

Step 3. After the annual nomination day for the quota type and quota year, sum the amounts provided under paragraph (a) of step 1.

Step 4. For each eligible producer, divide the amount provided by the eligible producer under paragraph (a) of step 1 by the amount worked out under step 3.

Step 5. For each eligible producer, multiply:

(a) the eligible producer’s proportion calculated under step 4; by

(b) the annual access amount for the quota type and quota year.

Step 6. For each eligible person that has made an application for the quota type and quota year, identify the amount that each eligible producer will allocate to the eligible person for the quota year by multiplying:

(a) the step 5 amount for the eligible producer; by

(b) the percentage of the past production amount that was allocated by the eligible producer to the eligible person (see paragraph (b) of step 1).

Step 7. The amount of tariff rate quota entitlement to be allocated to an eligible person that made an application for the quota type and quota year is the sum of the amounts worked out under step 6 for the eligible person for all eligible producers that will allocate amounts to that eligible person.