Document ID: chunk:federal_register_of_legislation:F2025C00088:reg:121
Version: federal_register_of_legislation:F2025C00088
Segment Type: reg
Provision Reference: reg 121
Character Range: 182394–184243

121  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 120 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 120 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 120 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 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 Chapter 2 of this instrument in relation to the consignment for export in that quota year.
Note: Chapter 2 provides methods for issuing tariff rate quota certificates. Chapter 3 determines which method applies for consignments of a particular quota type.
 (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 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 Chapter 2 of this instrument for a consignment of that quota type for export in that quota year;
the revoked certificate may only be reinstated for the available amount.

Chapter 6—Miscellaneous