Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p26
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
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Character Range: 62980–65677

any review already applied for may continue as if that Part and those paragraphs had not been repealed.

Transitional

20.(1) Despite its repeal by section 10 of this Act, Part XVA of the Principal Act continues in force in relation to each Commercial Tariff Concession Order ("CTCO") made before that repeal or made after that repeal in accordance with subsection (2).

(2)     If an application for a CTCO had been lodged, but not finally determined, under Part XVA of the Principal Act, before the repeal of that Part, that application is to be determined under that Part, not later than 150 days after the repeal, as if that Part had not been repealed.

(3)     If the Comptroller fails to determine an application for a CTCO within the period of 150 days referred to in subsection (2), the Comptroller is taken, at the end of that period, to have made a decision not to make the CTCO applied for.

(4)     Despite subsection (1), the Comptroller does not have the power under subsection 269K(2) of the Principal Act as continued in force, to reconsider a decision on an application for a CTCO unless:

    (a)     the Comptroller had begun to exercise that power before the repeal; or

    (b)     in respect of applications for CTCOs that were determined before, but not more than 28 days before, the repeal—a request is made to the Comptroller for the exercise of the power within 28 days after the repeal; or

    (c)     in respect of applications for CTCOs that are determined after the repeals—a request is made to the Comptroller for the exercise of the power within 28 days after the application is determined.

(5)     The power of the Comptroller under subsection 269K(2) of the Principal Act as continued in force under subsection (1) must be exercised within 60 days of the repeal or within 60 days of the request for the exercise of the power, whichever last occurs.

(6)     If the Comptroller fails to exercise his or her power to reconsider a decision on an application for a CTCO within the period referred in subsection (4), the Comptroller is taken, at the end of that period, to have made a decision to affirm the original decision.

Savings

21. The amendments of section 269TB and 269TC do not apply to any application that is lodged with Customs before the commencement of those amendments.

PART 4—AMENDMENT OF THE CUSTOMS TARIFF (MISCELLANEOUS AMENDMENTS) ACT 1987

Principal Act

22. In this Part, "Principal Act" means the Customs Tariff (Miscellaneous Amendments) Act 19873.

Transitional

23. Section 8 of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2A) If a customs instrument referred to in subsection (2) was