Document ID: chunk:federal_register_of_legislation:F2021C00510:reg:15
Version: federal_register_of_legislation:F2021C00510
Segment Type: reg
Provision Reference: reg 15
Character Range: 19455–21565

15  Revocation of tariff rate quota certificates

Revocation on request
 (1) The Secretary must revoke a tariff rate quota certificate in relation to a consignment for export to Indonesia if:
 (a) the person to whom the certificate was issued requests the Secretary to do so; and
 (b) the certificate has not been accepted by the relevant destination authority; and
 (c) if hard copies of the certificate were issued—the person gives the Secretary:
 (i) all the hard copies of the certificate; or
 (ii) a declaration, in any form the Secretary requires and accompanied by any evidence the Secretary requires, about why the copies cannot be given.

Revocation on Secretary's own initiative
 (2) The Secretary may revoke a tariff rate quota certificate in relation to a consignment for export to Indonesia if:
 (a) the certificate has not been accepted by the relevant destination authority; and
 (b) any of the following apply:
 (i) the certificate is incorrect in any respect;
 (ii) the consignment did not leave Australian territory within 6 weeks after the certificate was issued;
 (iii) the person to whom the certificate was issued fails to comply with a request under subsection 31(3) (requests relating to audits);
 (iv) the person does not hold, or has ceased to hold, any licence required under a law of the Commonwealth to export the consignment;
 (v) a relevant Commonwealth liability in relation to a tariff rate quota certificate has not been paid by the person (including if the person is jointly liable with another person or other persons);
 (vi) the person's business as an exporter of feed grain is not financially viable or is not likely to remain so;
 (vii) the Secretary considers that it would not be in the best interests of the feed grain industry for the person to continue to hold the certificate.
Note 1: The Secretary must notify the person to whom the certificate was issued (see paragraph 18(1)(b)).
Note 2: A decision under subsection (2) to revoke a tariff rate quota certificate is a reviewable decision (see section 25 of this instrument and Part 2 of Chapter 11 of the Act).