Customs Act 1901

PART XVA - TARIFF CONCESSION ORDERS  

Division 5 - Miscellaneous  

SECTION 269SH   INTERNAL REVIEW  

269SH(1)    

Not later than 28 days after gazettal of a decision (the " `original decision " ) on a TCO application or on a request for revocation of a TCO, any affected person within the meaning of subsection (13) who objects to the making of the decision may apply to the Comptroller-General of Customs for its reconsideration.

269SH(2)    
An application for reconsideration must:

(a) be in writing; and

(b) include the grounds on which the person objects to the decision (whether or not those grounds had previously been considered).

269SH(3)    

An application for reconsideration:

(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.

269SH(3A)    

As soon as practicable after receiving a request for reconsideration of a decision that leads to the making of a TCO or that refuses to revoke 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.

269SH(4)    

Where application is made for reconsideration of a decision made on a TCO application, the Comptroller-General of Customs, having regard to:

(a) the TCO application; and

(b) the submissions, information, documents and materials which the Comptroller-General of Customs was entitled to take into account in considering the TCO application; and

(c) any new matter produced to the Comptroller-General of Customs by the applicant for reconsideration which, under subsection (7), the Comptroller-General of Customs is not prevented from taking into account for that purpose;

must decide, not later than 90 days after the last day for lodgement of the application for reconsideration, whether to affirm the original decision or to substitute any other decision that the Comptroller-General of Customs might have made.

269SH(5)    

Where application is made for reconsideration of a decision on a request for revocation, the Comptroller-General of Customs, having regard to:

(a) the request for revocation; and

(b) the information, documents and materials which the Comptroller-General of Customs was entitled to take into account in considering the request; and

(c) any new matter produced to the Comptroller-General of Customs by the applicant for reconsideration which, under subsection (7), the Comptroller-General of Customs is not prevented from taking into account for that purpose;

must decide, not later than 60 days after the last day for lodgement of the application for reconsideration, whether to affirm the original decision or to substitute any other decision that the Comptroller-General of Customs might have made.

269SH(6)    

If the Comptroller-General of Customs fails to make a decision under subsection (4) or (5) within the period referred to in that subsection, the Comptroller-General of Customs is taken, for the purposes of the reconsideration, at the end of that period, to have made a decision to affirm the original decision.

269SH(7)    

For the purposes of subsections (4) and (5), the Comptroller-General of Customs must not take into account any new material that is not produced to him or her by the applicant for reconsideration of an original decision within the period of 28 days after notification of the original decision in the Gazette .

269SH(8)    

Where the Comptroller-General of Customs, on reconsidering an original decision, decides to substitute for that decision any decision that he or she might have made, the substituted decision is to be taken to have been made when the original decision was made.

269SH(9)    
If the substituted decision involves the making of a TCO, or of an order revoking a TCO, that TCO or revocation order comes into force on the day on which, if the original decision had involved making the TCO or order revoking a TCO, that TCO or order would have come into force.

269SH(10)    

As soon as practicable after the Comptroller-General of Customs makes a decision under subsection (4) or (5) on an application for reconsideration, the Comptroller-General of Customs must:

(a) by notice in writing inform the applicant for reconsideration of the decision made on the reconsideration; and

(b) by notice published in the Gazette , inform all other interested persons of the decision made on that reconsideration.

269SH(11)    
If the decision on an application for reconsideration has led to the making of an order or orders, the notice of the decision given to the applicant for reconsideration and published in the Gazette must include full particulars of the order or orders.

269SH(12)    
A failure to comply with subsection (10) does not affect the validity of any decision on a reconsideration or of any order or orders to which it has led.

269SH(13)    

In subsection (1):

"affected person"
means:

(a) in relation to a decision on a TCO application:

(i) the applicant for the TCO; or

(ii) any person who lodged a submission before the last day for submissions in relation to the TCO application; or

(iii) any person who, in the opinion of the Comptroller-General of Customs, was not reasonably able to lodge a submission in relation to the TCO application within 50 days of the gazettal day; and

(b) in relation to a decision on a request for revocation:

(i) the person requesting the revocation; or

(ii) any other person whose interests are affected by the decision made on the request.