23Revocation of tariff rate quota certificate

23 Revocation of tariff rate quota certificate

Revocation on request (1) The Secretary must revoke a tariff rate quota certificate issued to a person under section 19 or 20 in relation to a consignment of a quota type for export to a destination in a quota year if: (a) the certificate has not been accepted by the relevant destination authority; and (b) the person requests the Secretary in writing to revoke the certificate; and (c) if hard copies of the certificate were issued—the person also gives the Secretary either of the following: (i) all the hard copies of the certificate; (ii) a declaration, in any form the Secretary requires, accompanied by any evidence the Secretary requires, about why the copies cannot be given. Revocation on Secretary’s own initiative (2) The Secretary may revoke a tariff rate quota certificate issued to a person under section 19 or 20 in relation to a consignment of a quota type for export to a destination in a quota year if: (a) the certificate has not been accepted by the relevant destination authority; and (b) any of the following apply: (i) the certificate is incorrect in any respect; (ii) the consignment does not leave Australian territory within 6 weeks after the certificate was issued; (iii) the person has failed to provide facilities and assistance to an auditor as required by section 271 of the Act or has failed to comply with a request made by an auditor under paragraph 272(1)(a) of the Act; (iv) the person does not hold, or ceases to hold, any licence required under a law of the Commonwealth to export the consignment; (v) a relevant Commonwealth liability in relation to a tariff rate quota certificate for the export of eligible meat has not been paid by the person (including if the person is jointly liable with another person or other persons); (vi) the person’s business as an exporter of eligible meat is not financially viable or is not likely to remain so; (vii) the Secretary considers that it would not be in the best interests of the eligible meat industry for the person to continue to hold the certificate; (viii) the quota year for which the certificate was issued has ended.

Note: A decision under subsection (2) to revoke a tariff rate quota certificate is a reviewable decision (see section 29 of this instrument and Part 2 of Chapter 11 of the Act).

Notice and recording of revocation (3) If a tariff rate quota certificate is revoked under this section, the Secretary must: (a) record the revocation in an electronic system maintained by the Department; and (b) for a revocation under subsection (2)—notify the person to whom the certificate was issued, in writing, of the revocation. Effect of revocation (4) Subject to Part 4 (review of decisions), a tariff rate quota certificate that is revoked under this section is taken never to have been issued.