Customs Act 1901

PART XVA - TARIFF CONCESSION ORDERS  

Division 2 - Making and processing TCO applications  

SECTION 269L   AMENDMENT OF TCO APPLICATIONS  

269L(1)    

If a person lodges a submission in respect of a TCO application within 50 days after the gazettal day, the Comptroller-General of Customs must, within 14 days after the end of that 50 day period, give the applicant for the TCO a notice in writing setting out:

(a) the name and address of each person who has lodged a submission within that period; and

(b) a short statement of the grounds on which each submission is based.

269L(2)    

The applicant may, within 28 days of receiving a notice under subsection (1) and having regard to the grounds on which each submission was made, notify the Comptroller-General of Customs, in writing, that he or she proposes to amend the application by altering the description of the goods the subject of the application, and set out in that notice the proposed amendment.

269L(3)    

The applicant must not under subsection (2), propose an amendment of an application:

(a) that would cause the goods to which the application relates to be covered by a different Customs tariff classification to the one notified by the Comptroller-General of Customs in the Gazette under section 269K ; or

(b) that would do otherwise than narrow the description of the goods as set out in the application.

269L(4)    

As soon as practicable after, but not more than 7 days after, a proposed amendment of a TCO application was notified to the Comptroller-General of Customs, the Comptroller-General of Customs must consider the proposed amendment and:

(a) if the Comptroller-General of Customs is satisfied that the proposed amendment does not contravene subsection (3) - the Comptroller-General of Customs must inform the applicant that he or she is so satisfied and that subsection (4B) applies accordingly; or

(b) if the Comptroller-General of Customs is not so satisfied - the Comptroller-General of Customs must inform the applicant that he or she is not so satisfied and of the reasons for not being so satisfied.

269L(4A)    

If the Comptroller-General of Customs is not satisfied that a proposed amendment of a TCO does not contravene subsection (3), the Comptroller-General of Customs must continue to consider the application as it was originally made.

269L(4B)    

If the Comptroller-General of Customs is satisfied that the proposed amendment does not contravene the requirements of subsection (3), the Comptroller-General of Customs must, within 14 days after becoming so satisfied:

(a) notify the proposed amendment to each person who lodged a submission referred to in subsection (1) and, subject to the operation of subsections (5) and (6), invite that person, if he or she considers there are reasons not dealt with in the original submission why the TCO as proposed to be amended should not be made, to lodge a further submission within 14 days after being so notified; and

(b) publish a notice in the Gazette setting out the amended description in relation to the application and inviting persons who consider that there are reasons why the TCO as proposed to be amended should not be made to lodge a submission with the Comptroller-General of Customs no later than 14 days after the publication of that notice.

269L(4C)    
The notification and subsequent publication of an amendment of a TCO application does not affect the gazettal day in relation to the application or any time limits calculated by reference to that gazettal day.

269L(5)    

If a person who lodged a submission referred to in subsection (1) notifies the Comptroller-General of Customs, in writing, within 14 days after being notified of a proposed amendment, that he or she no longer objects to the TCO application, the submission is taken to have been withdrawn.

269L(6)    

If a person who lodged a submission referred to in subsection (1) does not so notify the Comptroller-General of Customs, he or she is taken to wish to proceed with the submission as if it were a submission made in respect of the amended application.