Document ID: chunk:federal_register_of_legislation:F2025C00089:reg:11
Version: federal_register_of_legislation:F2025C00089
Segment Type: reg
Provision Reference: reg 11
Character Range: 18441–20525

11  Penalty amount
 (1) For the purposes of step 2 of the method statement in subsection 10(1), an applicant is subject to a penalty for a quota type and a quota year if the applicant's certified exports for the quota type and the previous quota year (as worked out under subsection (2)) are less than 90% of the applicant's annual entitlement for the quota type and the previous quota year (as worked out under subsection (3)).
 (2) The applicant's certified exports for the quota type and the previous quota year are the sum of:
 (a) the amounts stated in certificates (if any) issued to the applicant under section 19, before the end of 30 November in the previous quota year, for export of consignments to the quota type in the previous quota year; and
 (b) the entitlement‑based amounts stated in certificates (if any) issued to the applicant under section 20, before the end of 30 November in the previous quota year, for export of consignments to the quota type in the previous quota year.
Note: The amount stated in a certificate is disregarded if the certificate is revoked (see subsection 23(4)). See also section 24 for the effect of annotations of certificates.
 (3) The applicant's annual entitlement for the quota type and the previous quota year is the total of the amounts of tariff rate quota entitlement for the quota type and previous quota year allocated or transferred to the applicant under sections 10, 13 and 17, reduced by the sum of:
 (a) amounts (if any) of tariff rate quota entitlement for the quota type and the previous quota year transferred by the applicant under section 13; and
 (b) amounts (if any) of the applicant's tariff rate quota entitlement for the quota type and the previous quota year revoked under section 14, 15 or 16.
 (4) If the applicant is subject to a penalty, the applicant's penalty amount for the quota type and the quota year is half the amount by which the applicant's annual entitlement for the quota type and the previous quota year exceeds the applicant's certified exports for the quota type and the previous quota year.