Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p13
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
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Character Range: 30130–32859

if, in the ordinary course of business, the person is prepared to accept orders to repair those goods.

Notification of TCO decisions

"269R.(1) As soon as practicable after the Comptroller makes a decision under subsection 269P(1) or 269Q(1), the Comptroller must:

  (a)     by notice in writing, inform the applicant of the decision; and

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

"(2) If the decision has led to the making of a TCO, the notice given to the applicant and published in the Gazette must include full particulars of the TCO.

"(3) A failure to comply with subsection (1) or (2) does not affect the validity of the TCO concerned.

Operation of TCOs

"269S.(1) Subject to the operation of subsection 269SA(2), a TCO is to be taken to have come into force 28 days before:

    (a) unless paragraph (b) applies—the day on which the application for the TCO was lodged; or

     (b) if there was more than one application for the TCO—the day on which the earliest application for the TCO was lodged.

"(2) Subject to section 269SG, a TCO applies in relation to the goods the subject of the TCO that were or are first entered for home consumption on or after the day on which the TCO is taken to have come into force.

"(3) Subject to the operation of subsection 269SA(1), a TCO continues in force until it is revoked under section 269SC or 269SD.

Consequence of commencement or cessation of production before TCO decision

"269SA.(1) If the Comptroller 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 28 days before 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 28 days before the application was lodged, the Comptroller would not have been satisfied that the application met the core criteria;

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

  "(2) If the Comptroller 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 28 days before 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 28