Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269e
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269E
Character Range: 1671717–1673581

269E  Interpretation—the ordinary course of business
 (1) For the purposes of this Part, other than section 269Q, goods (other than made‑to‑order capital equipment) that are substitutable goods in relation to goods the subject of a TCO application are taken to be produced in Australia in the ordinary course of business if:
 (a) they have been produced in Australia in the 2 years before the application was lodged; or
 (b) they have been produced, and are held in stock, in Australia; or
 (c) they are produced in Australia on an intermittent basis and have been so produced in the 5 years before the application was lodged;
and a producer in Australia is prepared to accept an order to supply them.
 (2) For the purposes of this Part, substitutable goods, in respect of goods the subject of a TCO application, are taken to have been produced in Australia in the ordinary course of business if:
 (a) a producer in Australia could produce substitutable goods, in respect of goods the subject of the TCO application, with existing facilities; and
 (b) the substitutable goods the producer could produce would be made‑to‑order capital equipment; and
 (c) in the 5 years before the application was lodged, the producer has made goods requiring the same labour skills, technology and design expertise as the substitutable goods the producer could produce; and
 (d) the producer is prepared to accept an order to supply substitutable goods in respect of goods the subject of the TCO application.
 (3) In this section:
made‑to‑order capital equipment means a particular item of capital equipment:
 (a) that is made in Australia on a one‑off basis to meet a specific order rather than being the subject of regular or intermittent production; and
 (b) that is not produced in quantities indicative of a production run.

Division 2—Making and processing TCO applications