Document ID: chunk:federal_register_of_legislation:F2025C00088:reg:20
Version: federal_register_of_legislation:F2025C00088
Segment Type: reg
Provision Reference: reg 20
Character Range: 39736–41803

20  Calculation of provisional tariff rate quota entitlement
 (1) Subject to this section, a person's provisional tariff rate quota entitlement for a quota type and a quota year is the amount worked out using the following formula:
where:
all eligible past exports is the total weight of all eligible past exports, for the quota type and quota year, by persons to whom tariff rate quota certificates have been issued in relation to consignments of that quota type for export in that quota year.
person's eligible past exports is the total weight of the person's eligible past exports for the quota type and quota year.
post‑trigger access amount is the post‑trigger access amount for the quota type and quota year.
 (2) If the amount worked out under subsection (1) for a person is less than the minimum quota allocation for the quota type and quota year, the person's provisional tariff rate quota entitlement for the quota type and quota year is nil.
 (3) If subsection (2) applies to the provisional tariff rate quota entitlement of a person (an excluded person), then:
 (a) the provisional tariff rate quota entitlement of each person to whom a notice must be issued under subsection 19(1) who is not an excluded person must be recalculated under subsection (1) of this section; and
 (b) for the purposes of the recalculation, each excluded person is taken not to be a person to whom tariff rate quota certificates have been issued in relation to consignments of the quota type for export in the quota year.
 (4) The amount of each person's provisional tariff rate quota entitlement, as calculated under subsections (1) to (3), must be rounded to the nearest kilogram, with 0.5 of a kilogram to be rounded up.
 (5) However, if the sum of the provisional tariff rate quota entitlements of all persons exceeds the post‑trigger access amount for the quota type and quota year, the amount of each person's provisional tariff rate quota entitlement must be rounded down to the nearest kilogram instead.

Division 4—Allocation of quota after allocation trigger occurs