Customs Act 1901

PART XVA - TARIFF CONCESSION ORDERS  

Division 4 - Revocation of TCOs  

SECTION 269SC   PROCESSING REQUESTS FOR REVOCATION OF TCOS  

269SC(1)    

No later than 60 days after lodgement of a request for revocation of a TCO, and after having regard to the request and to any other information, document or material given to the Comptroller-General of Customs under section 269SF , the Comptroller-General of Customs must decide whether or not he or she is satisfied:

(a) that, on the day of lodgement of the request, the person requesting the revocation of the TCO is a producer in Australia of goods that are substitutable goods in relation to the goods the subject of the order; and

(b) that, if the TCO were not in force on that day but that day were the day on which the application for that TCO was lodged, the Comptroller-General of Customs would not have made the TCO.

269SC(1A)    

As soon as practicable after receiving a request for revocation of a TCO, the Comptroller-General of Customs must publish a Gazette notice stating:

(a) that the request has been lodged; and

(b) the date that the request was lodged; and

(c) the full particulars of the TCO to which the request relates.

269SC(2)    

If the Comptroller-General of Customs fails to make a decision in respect of a request for the revocation of a TCO within 60 days after lodgement of the request, the Comptroller-General of Customs is taken, for the purposes of subsection (1), at the end of that period, to have decided that he or she is not satisfied of the matters referred to in that subsection in relation to the request.

269SC(3)    

If the Comptroller-General of Customs is satisfied of the matters referred to in subsection (1) in relation to a request for revocation of a TCO, the Comptroller-General of Customs must make an order revoking the TCO.

269SC(4)    

If the Comptroller-General of Customs is satisfied of the matters referred to in subsection (1) in relation to a request for revocation of a TCO but is also satisfied that if:

(a) the TCO were not in force on the day of lodgement of the request; and

(b) that day were the day of lodgment of an application for another TCO (the " narrower TCO " ) in respect only of goods covered by the TCO that are not produced in Australia by the person making the request;

the Comptroller-General of Customs would have made such a narrower TCO, he or she must:

(c) revoke the TCO; and

(d) make, in its place, such a narrower TCO.

269SC(5)    

If the Comptroller-General of Customs is not satisfied of the matters referred to in subsection (1) in relation to a request for revocation of a TCO, the Comptroller-General of Customs must refuse the request.

269SC(6)    
An order under subsection (3) or (4) revoking a TCO comes into force on the day on which the request to revoke the TCO was lodged.

269SC(7)    
If a narrower TCO is made in place of another TCO that is revoked in subsection (4), that narrower TCO comes into force, for the purposes of this Part, from the date of effect of the revocation of the other TCO, as if it had been made under section 269P or 269Q .

269SC(8)    

Subsections 269SC(6) and (7) have effect despite section 12 of the Legislation Act 2003 .