Document ID: chunk:federal_register_of_legislation:F2025C00088:reg:28
Version: federal_register_of_legislation:F2025C00088
Segment Type: reg
Provision Reference: reg 28
Character Range: 49525–51673

28  New entrants
 (1) A person is a new entrant for a quota type and quota year if the person is:
 (a) a first year new entrant for the quota type and quota year; or
 (b) a second year new entrant for the quota type and quota year; or
 (c) a third year new entrant for the quota type and quota year.
 (2) A person is a first year new entrant for a quota type and quota year (the current quota year) if the person:
 (a) applied for a tariff rate quota certificate in relation to a consignment of the quota type for export in the current quota year; and
 (b) has not been allocated a tariff rate quota entitlement under section 30 or 45 for the quota type and the current quota year or any of the 3 quota years preceding the current quota year; and
 (c) has not been issued a tariff rate quota certificate in relation to a consignment of the quota type for export in either of the 2 quota years preceding the current quota year using new entrant access quota; and
 (d) is not an associated entity, within the meaning of the Corporations Act 2001, of any person who:
 (i) has been allocated a tariff rate quota entitlement under section 30 or 45 for the quota type and the current quota year or any of the 3 quota years preceding the current quota year; or
 (ii) has been issued a tariff rate quota certificate in relation to a consignment of the quota type for export in the current quota year, or either of the 2 quota years preceding the current quota year, using new entrant access quota.
 (3) A person is a second year new entrant for a quota type and quota year if:
 (a) the person was a first year new entrant for the quota type and the previous quota year; and
 (b) the person has not been allocated a tariff rate quota entitlement under section 30 for the quota type and quota year.
 (4) A person is a third year new entrant for a quota type and quota year if:
 (a) the person was a second year new entrant for the quota type and the previous quota year; and
 (b) the person has not been allocated a tariff rate quota entitlement under section 30 for the quota type and quota year.

Division 2—Allocation of quota at beginning of quota year