20Tariff rate quota certificates after additional allocations

20 Tariff rate quota certificates after additional allocations

(1) At any time between when the Secretary allocates amounts under section 17 in relation to a quota type and a quota year (additional allocations after 1 November) and the end of the quota year, an exporter may apply to the Secretary for a tariff rate quota certificate for the export 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) The Secretary must deal with applications under this section in the order in which the applications are received. (3) Subject to subsection (7), 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, either or both of the following apply: (a) the balance of the applicant’s tariff rate quota entitlement for the quota type and quota year is greater than zero; (b) there is an uncommitted access amount for the quota type and quota year (see subsection (6)). (4) The certificate must be issued for: (a) the relevant weight of the consignment; or (b) if that weight is greater than the total of the balance of the applicant’s tariff rate quota entitlement and the uncommitted access amount—that total. (5) If a certificate is issued to an applicant under this section: (a) the lower of the amount stated in the certificate and the amount that was the balance of the applicant’s tariff rate quota entitlement just before the certificate was issued is the applicant’s entitlement‑based amount; and (b) any remaining amount reduces the uncommitted access amount.

Note: The entitlement‑based amount reduces the applicant’s tariff rate quota entitlement (see paragraph 8(d)).

(6) The uncommitted access amount, for a quota type and a quota year at a particular time, is the sum of: (a) the amount (if any) that remained unallocated after the Secretary allocated amounts for the quota type and quota year under section 17; and (b) any amounts of tariff rate quota entitlement for the quota type and quota year revoked under section 18 before that time; reduced in accordance with paragraph (5)(b) for certificates issued to applicants under this section before that time. (7) The Secretary may decide not to issue a tariff rate quota certificate to an 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 or 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.