Document ID: chunk:federal_register_of_legislation:F2025C00088:reg:32:p3
Version: federal_register_of_legislation:F2025C00088
Segment Type: reg
Provision Reference: reg 32 (pt 3/4)
Character Range: 63612–66390

of tariff rate quota entitlement that applicant applied for.
 (10) The recalculation mentioned in subsection (9) must be repeated until subsection (9) no longer applies in relation to any applicant.

Partial return of penalties
 (11) Subsection (12) applies if, after the recalculation mentioned in subsection (9) has been repeated as many times as required for applicants to whose entitlement paragraph (7)(c) applies, the total of the redistributed individual entitlements of all applicants is less than the standard access amount for the quota type and quota year.
 (12) If this subsection applies, the redistributed individual entitlement of an applicant who has an allocation penalty for the quota type and quota year is the amount worked out using the following formula, subject to subsections (13) and (14):
where:
AIE is the applicant's adjusted individual entitlement.
applicant's eligible past exports is the total weight of the applicant's eligible past exports for the quota type and quota year.
penalised eligible past exports is the total weight of all eligible past exports, for the quota type and quota year, by all applicants who have an allocation penalty for the quota type and quota year.
penalty is the amount of the applicant's allocation penalty for the quota type and quota year.
quota for redistribution is the difference between:
 (a) the standard access amount for the quota type and quota year; and
 (b) the total of the redistributed individual entitlements of all applicants after the recalculation mentioned in subsection (6) has been repeated as many times as required.
 (13) If the amount worked out under subsection (12) for any applicant (a quota‑filled applicant) is more than the amount of tariff rate quota entitlement the applicant applied for, then:
 (a) the redistributed individual entitlement of each quota‑filled applicant is equal to the amount of tariff rate quota entitlement that applicant applied for; and
 (b) the redistributed individual entitlement of each applicant with an allocation penalty for the quota type and quota year who is not a quota‑filled applicant must be recalculated under subsection (12); and
 (c) for the purposes of the recalculation:
 (i) each quota‑filled applicant is taken to not have an allocation penalty for the quota type and quota year; and
 (ii) the quota available for redistribution is taken to be reduced by the difference, for each quota‑filled applicant, between the amount of tariff rate quota entitlement that applicant applied for and the amount of that applicant's redistributed individual entitlement as it was worked out under paragraph (7)(a).
 (14) The recalculation mentioned in subsection (13) must be repeated until subsection (13) no longer applies in relation to any applicant.