Customs Act 1901

PART XVA - TARIFF CONCESSION ORDERS  

Division 2 - Making and processing TCO applications  

SECTION 269M   COMPTROLLER-GENERAL OF CUSTOMS MAY INVITE SUBMISSIONS OR SEEK OTHER INFORMATION, DOCUMENTS OR MATERIAL  

269M(1)    

If the Comptroller-General of Customs considers that, in relation to a particular TCO application, a person may have reason to oppose the making of the TCO to which the application relates, he or she may, by notice in writing, invite the person to lodge a written submission with the Comptroller-General of Customs within a period specified in the notice ending not later than 150 days after the gazettal day.

269M(2)    
A submission must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be signed in the manner indicated in the form.

269M(3)    

A submission:

(a) must be lodged with the Comptroller-General of Customs in the same manner, and is taken to be lodged on the same day, as is specified in relation to a TCO application; and

(b) must have the day of its lodgement recorded.

269M(4)    

If the Comptroller-General of Customs considers that, in relation to a particular TCO application, any person (including the applicant or a person who has lodged a submission with the Comptroller-General of Customs) may be able to supply information or produce a document or material relevant to the consideration of the application, the Comptroller-General of Customs may, by notice in writing, request the supply of the information in writing or the production of the document or material within a period specified in the notice and ending not later than 150 days after the gazettal day.

269M(5)    

If a person refuses or fails to lodge a submission under subsection (1) or to supply information or produce a document or material under subsection (4) within the period allowed but subsequently lodges that submission, supplies the information or produces the document or material, the Comptroller-General of Customs must not take that submission, information, document or material into account in determining whether to make a TCO.

269M(6)    

At any time during the period of 150 days starting on the gazettal day, the Comptroller-General of Customs may, for the purpose of dealing with a TCO application, and despite Part 6 of the Australian Border Force Act 2015 , give a copy of all, or of a part, of the application to a prescribed organisation with a view to obtaining the advice of the organisation in relation to the question whether there are producers in Australia of substitutable goods.