Customs Act 1901

PART XVA - TARIFF CONCESSION ORDERS  

Division 3 - Making and operation of TCOs  

SECTION 269SA   CONSEQUENCE OF COMMENCEMENT OR CESSATION OF PRODUCTION BEFORE TCO DECISION  

269SA(1)    

If the Comptroller-General of Customs is satisfied, in relation to a TCO application:

(a) that the application meets the core criteria; and

(b) that on a day (the " production start-up day " ) occurring later than the day on which the application was lodged but before the making of the decision on the application, substitutable goods in relation to the goods the subject of the application commenced to be produced in Australia; and

(c) that if the production start-up day had occurred on the day on which the application was lodged, the Comptroller-General of Customs would not have been satisfied that the application met the core criteria;

the TCO that the Comptroller-General of Customs makes continues in force only until the production start-up day.

269SA(2)    

If the Comptroller-General of Customs is satisfied, in relation to a TCO application:

(a) that the application does not meet the core criteria; and

(b) that on a day (the " production close-down day " ) occurring later than the day on which the application was lodged but before the making of the decision on the application, substitutable goods in relation to the goods the subject of the application ceased to be produced in Australia; and

(c) that if the production close-down day had occurred on the day on which the application was lodged the Comptroller-General of Customs would have been satisfied that the application met the core criteria;

the Comptroller-General of Customs must make a TCO in accordance with section 269P , but the TCO is in force only from the production close-down day.