Customs Act 1901

PART XVA - TARIFF CONCESSION ORDERS  

Division 3 - Making and operation of TCOs  

SECTION 269P   THE MAKING OF A STANDARD TCO  

269P(1)    

If a TCO application in respect of goods, other than goods sent out of Australia for repair, has been accepted as a valid application under section 269H , the Comptroller-General of Customs must decide, not later than 150 days after the gazettal day, whether or not he or she is satisfied, having regard to:

(a) the application; and

(b) all submissions lodged with the Comptroller-General of Customs before the last day for submissions; and

(c) all information supplied and documents and material produced to the Comptroller-General of Customs in accordance with a notice under subsection 269M(4) ; and

(d) any inquiries made by the Comptroller-General of Customs;

that the application meets the core criteria.

269P(2)    

If the Comptroller-General of Customs fails to make a decision under subsection (1) in respect of a TCO application within 150 days after the gazettal day, the Comptroller-General of Customs is taken, for the purposes of subsection (1), at the end of that period, to have made a decision that he or she is not satisfied that the application meets the core criteria.

269P(3)    

If the Comptroller-General of Customs is satisfied that the application meets the core criteria, he or she must make a written order declaring that the goods the subject of the TCO application are goods to which a prescribed item specified in the order applies.

269P(4)    

The TCO must include:

(a) a description of the goods the subject of the order including a reference to the Customs tariff classification that, in the opinion of the Comptroller-General of Customs, applies to the goods; and

(b) a statement of the day on which the TCO is to be taken to have come into force; and

(c) if subsection 269SA(1) applies in relation to the TCO - a statement of the day on which it ceases to be in force.