Export Control (Tariff Rate Quotas—Sheepmeat and Goatmeat Export to the European Union and United Kingdom) Rules 2021
30Modifications of powers on review of decisions
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30 Modifications of powers on review of decisions
(1) For the purposes of subsections 386(1) and (3) of the Act, this section modifies: (a) the powers of the Secretary or an internal reviewer, under subsection 383(4) of the Act, when reviewing a reviewable decision mentioned in section 29 of this instrument; and (b) the powers of the Administrative Review Tribunal, under section 54 or 105 of the Administrative Review Tribunal Act 2024, when reviewing: (i) a reviewable decision mentioned in section 29 of this instrument made by the Secretary personally; or (ii) a decision of the Secretary, or an internal reviewer, under section 383 of the Act that relates to a reviewable decision mentioned in section 29 of this instrument. (2) If a decision not to issue a tariff rate quota certificate to a person in relation to a consignment of a quota type for export to a destination in a quota year is set aside at a time, a certificate may only be issued for the amount for which a certificate could be issued to the person at that time under section 19 or 20 of this instrument in relation to the consignment for export to that destination in that quota year.
Note: If the original decision was made under section 19 before the Secretary allocates amounts under section 17, but was set aside after the Secretary allocates amounts, section 20 would be the section under which a certificate could be issued to the person at the time the original decision was set aside.
(3) If: (a) a decision to revoke a tariff rate quota certificate issued to a person in relation to a consignment of a quota type for export to a destination in a quota year is set aside at a time; and (b) the amount for which the certificate was issued is more than the amount (the available amount) for which a certificate could be issued to the person at that time under section 19 or 20 of this instrument in relation to a consignment for export to that destination in that quota year; the revoked certificate may only be reinstated for the available amount.