Document ID: chunk:federal_register_of_legislation:F2025C00088:reg:41
Version: federal_register_of_legislation:F2025C00088
Segment Type: reg
Provision Reference: reg 41
Character Range: 78342–80474

41  Application by new entrant for quota allocation after reclamation day
 (1) A person may apply to the Secretary under this section for an allocation of an amount of tariff rate quota entitlement for a quota type and a quota year if:
 (a) the person is an eligible person for the quota type; and
 (b) the person is a new entrant for the quota type and quota year; and
 (c) tariff rate quota certificates have been issued to the person in relation to consignments of that quota type in relation to the quota year.

When to make application
 (2) The application must be made on or before the reclamation day for the quota type and quota year.

Limit on amount applied for
 (3) The maximum amount of tariff rate quota entitlement that the person may apply for is the lesser of:
 (a) the total weight of the tariff rate quota certificates that have been issued to the person in relation to consignments of the quota type for export in the quota year using new entrant access quota; and
 (b) the difference between the new entrant access cap for the quota type and quota year and the weight mentioned in paragraph (a).

Requirements for applications
 (4) The application must:
 (a) state the amount of tariff rate quota entitlement being applied for; and
 (b) be made in a manner approved, in writing, by the Secretary; and
 (c) if the Secretary has approved a form for making the application:
 (i) include the information required by the form; and
 (ii) be accompanied by any documents required by the form.
Note: A person may commit an offence if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 136.1, 137.1 and 137.2 of the Criminal Code).
 (5) The Secretary may accept any information or document previously given to the Secretary in connection with an application made under this instrument as satisfying any requirement to give that information or document under subsection (4).
 (6) An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (4) for the application.