19Tariff rate quota certificates before additional allocations

19 Tariff rate quota certificates before additional allocations

(1) At any time before the Secretary allocates amounts under section 17 in relation to a quota type and a quota year (additional allocations after 1 November), an exporter may apply to the Secretary for a tariff rate quota certificate for the export of a consignment of the quota type in the quota year within the access amount for the quota type and the quota year.

Note: The application must be made in accordance with section 21.

(2) Subject to subsection (4), the Secretary must issue the applicant a tariff rate quota certificate in relation to the consignment if, at the time the Secretary deals with the application, the balance of the applicant’s tariff rate quota entitlement for the quota type and the quota year is greater than zero. (3) The certificate must be issued for: (a) the relevant weight of the consignment; or (b) if that weight is greater than the balance of the tariff rate quota entitlement—that balance. (4) The Secretary may decide not to issue a tariff rate quota certificate to the applicant if the Secretary considers that it is not appropriate to issue the certificate, taking into account the following: (a) any failure by the applicant to provide facilities and assistance to an auditor as required by section 271 of the Act or any failure by the applicant to comply with a request made by an auditor under paragraph 272(1)(a) of the Act; (b) a failure of the applicant to hold any licence required under a law of the Commonwealth to export the consignment; (c) any relevant Commonwealth liability in relation to a tariff rate quota certificate for the export of eligible meat that has not been paid by the applicant (including if the applicant is jointly liable with another person or other persons); (d) whether the applicant’s business as an exporter of eligible meat is not financially viable or is not likely to remain so; (e) whether it would not be in the best interests of the eligible meat industry for the certificate to be issued.

Note: A decision not to issue a tariff rate quota certificate is a reviewable decision (see section 29 of this instrument and Part 2 of Chapter 11 of the Act).

(5) A tariff rate quota certificate issued under this section in relation to a consignment of a quota type for export to a destination in a quota year: (a) has no effect before the start of the quota year to which the certificate relates; and (b) ceases to have effect if the consignment is not accepted by the relevant destination authority before the end of the quota year.