Document ID: chunk:federal_register_of_legislation:C2004A01148:clause:2_153vc:p1
Version: federal_register_of_legislation:C2004A01148
Segment Type: clause
Provision Reference: sch 2 cl 153VC (pt 1/2)
Character Range: 15381–18069

153VC  Reduction of the required percentage of allowable cost to manufacture in unforeseen circumstances

When 30% in subsection 153VB(2) or 153VB(5) can be read as 28%

 (1) If the CEO is satisfied:
 (a) that the allowable cost to manufacture goods that are claimed to be the manufacture of Singapore, in a shipment of such goods, is at least 28% but not 30%, of the total cost to manufacture those goods; and
 (b) that the allowable cost to manufacture those goods would be at least 30% of the total cost to manufacture those goods if an unforeseen circumstance had not occurred; and
 (c) that the unforeseen circumstance is unlikely to continue;
the CEO may determine, in writing, that subsection 153VB(2) or 153VB(5) has effect:
 (d) for the purposes of the shipment of goods that is affected by that unforeseen circumstance; and
 (e) for the purposes of any subsequent shipment of similar goods that is so affected during a period specified in the determination;
as if the reference in subsection 153VB(2) or 153VB(5) to 30% were a reference to 28%.

When 50% in subsection 153VB(2) or 153VB(5) can be read as 48%

 (2) If the CEO is satisfied:
 (a) that the allowable cost to manufacture goods that are claimed to be the manufacture of Singapore, in a shipment of such goods, is at least 48% but not 50%, of the total cost to manufacture those goods; and
 (b) that the allowable cost to manufacture those goods would be at least 50% of the total cost to manufacture those goods if an unforeseen circumstance had not occurred; and
 (c) that the unforeseen circumstance is unlikely to continue;
the CEO may determine, in writing, that subsection 153VB(2) or 153VB(5) has effect:
 (d) for the purposes of the shipment of goods that is affected by that unforeseen circumstance; and
 (e) for the purposes of any subsequent shipment of similar goods that is so affected during a period specified in the determination;
as if the reference in subsection 153VB(2) or 153VB(5) to 50% were a reference to 48%.

Effect of determination

 (3) If the CEO makes a determination under this section then, in relation to all goods imported into Australia that are covered by that determination, section 153VB has effect in accordance with the determination.

CEO may revoke determination

 (4) If:
 (a) the CEO has made a determination under this section; and
 (b) the CEO becomes satisfied that the unforeseen circumstance giving rise to the determination no longer continues;
the CEO may, by written notice, revoke the determination despite the fact that the period referred to in the determination has not ended.

Similar goods

 (5) In this section:

similar goods, in relation to goods in a