Document ID: chunk:federal_register_of_legislation:F2025C00088:reg:114
Version: federal_register_of_legislation:F2025C00088
Segment Type: reg
Provision Reference: reg 114
Character Range: 172657–175135

114  Applications for tariff rate quota certificates

Applications covered by this section
 (1) This section applies in relation to an application made under Chapter 2 for a tariff rate quota certificate in relation to a consignment of a quota type for export in a quota year.

When to make application
 (2) The application:
 (a) must not be made more than 3 weeks before the applicant intends the consignment to leave Australian territory; and
 (b) if the application is in relation to a consignment of a kind of Japan quota goods for export to Japan in a quota year—must not be made before 10 March in the calendar year in which that quota year starts.

Requirements for applications
 (3) The application must:
 (a) be made in a manner approved, in writing, by the Secretary; and
 (b) 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).
 (4) 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 (3).
 (5) An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (3) for the application.

Secretary may request further information
 (6) The Secretary may request further information from the applicant that is relevant to the application.
 (7) Any further information in relation to the application (whether or not provided in response to a request under subsection (6)) must be given to the Secretary.

When application is taken to be received by Secretary
 (8) An application is taken to be received by the Secretary when all of the following information has been received:
 (a) the information required by the approved form for the application or otherwise required by the Secretary;
 (b) if further information is requested under subsection (6) in relation to the application—that further information.

Withdrawal of application
 (9) A person who has made an application may withdraw the application at any time before the Secretary makes a decision on the application.