Customs Act 1901

PART XVA - TARIFF CONCESSION ORDERS  

Division 5 - Miscellaneous  

SECTION 269SJ   TCOs NOT TO APPLY TO GOODS DESCRIBED BY REFERENCE TO THEIR END USE OR CERTAIN GOODS  

269SJ(1)    

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The Comptroller-General of Customs must not make a TCO in respect of goods:

(aa) described in terms other than generic terms; or

(a) described in terms of their intended end use; or

(b) declared by the regulations to be goods to which a TCO should not extend.

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History

S 269SJ(1) amended by No 41 of 2015, s 3 and Sch 1 item 817, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

S 269SJ(1) amended by No 30 of 1996, s 3 and Sch 1 item 32.

S 269SJ(1) substituted by No 85 of 1995, s 6 and Sch 4, effective 1 July 1995. S 16 of No 85 of 1995 provides that all regulations made for the purposes of former s 269SJ(1) as in force immediately before 1 July 1995 continue in force, on and after that date, as if they were made for the purposes of s 269SJ(1)(b).

269SJ(1A)    
Without limiting the meaning of the reference in paragraph (1)(aa) to goods described in generic terms, goods are taken not to be so described if their description, either directly or by implication, indicates that they are goods of a particular brand or model, or that a particular part number applies to the goods.

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History

S 269SJ(1A) inserted by No 30 of 1996, s 3 and Sch 1 item 33.

269SJ(2)    

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If a regulation is made for the purposes of paragraph (1)(b) in respect of goods to which a TCO applies, that TCO must be taken, to the extent that it covers those goods, to have been revoked by the Comptroller-General of Customs on the day those regulations came into effect.

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History

S 269SJ(2) amended by No 41 of 2015, s 3 and Sch 1 item 817, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

S 269SJ(2) amended by No 85 of 1995, s 6 and Sch 4; s 11 and Sch 9.

269SJ(3)    

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Where a TCO is taken to have been revoked under subsection (2) to the extent that it covers goods the subject of a regulation made for the purposes of paragraph (1)(b), the Comptroller-General of Customs must, as soon as practicable after the making of the regulation, by notice published in the Gazette , inform interested persons:

(a) of the fact that the regulation has been made; and

(b) of its effect on the TCO; and

(c) of the day on which the TCO is taken to have been so revoked.

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History

S 269SJ(3) amended by No 41 of 2015, s 3 and Sch 1 item 817, effective 1 July 2015. For saving and transitional provisions see note under the title of this Act.

S 269SJ(3) amended by No 85 of 1995, s 6 and Sch 4; s 11 and Sch 9.

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History

S 269SJ inserted by No 89 of 1992, s 10.

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