Document ID: chunk:federal_register_of_legislation:F2025C00089:reg:23:p1
Version: federal_register_of_legislation:F2025C00089
Segment Type: reg
Provision Reference: reg 23 (pt 1/2)
Character Range: 37705–40375

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 comply with a request under subsection 33(3) in the quota year or a previous quota year;
 (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