Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p8
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 17834–20547

Comptroller makes a declaration under this section, this Part has effect as if:

     (a)     the proposal contained in the declaration were a TCO application lodged under section 269F on the day on which the declaration is made; and

     (b)     the application had been accepted under section 269H as a valid application on that day.

Processing a valid application

"269K.(1) As soon as practicable after accepting a TCO application as a valid application, the Comptroller must publish a notice in the Gazette:

   (a)     stating that the application has been lodged; and

     (b)     providing a description of the goods to which the application relates including a reference to the Customs tariff classification that, in the opinion of the Comptroller, applies to the goods; and

     (c)     inviting any persons who consider that there are reasons why the TCO should not be made to lodge a submission with the Comptroller not later than 50 days after the gazettal day.

  "(2) A submission must:

   (a)     be in writing; and

   (b)     be in an approved form; and

   (c)     contain such information as the form requires; and

   (d)     be signed in the manner indicated in the form.

  "(3) A submission:

     (a)     must be lodged with the Comptroller in the same manner, and is taken to be lodged on the same day, as is specified in relation to a TCO application; and

   (b)     must have the day of its lodgement recorded.

"(4) If a person lodges a submission later than 50 days after the gazettal day in respect of a TCO application without being invited by

the Comptroller to do so under section 269M, the Comptroller must not take the submission into account in determining whether to make a TCO.

Amendment of TCO applications

"269L.(1) If a person lodges a submission in respect of a TCO application within 50 days after the gazettal day, the Comptroller must, within 14 days after the end of that 50 day period, give the applicant for the TCO a notice in writing setting out:

    (a)     the name and address of each person who has lodged a submission within that period; and

    (b)     a short statement of the grounds on which each submission is based.

"(2) The applicant may, within 14 days of receiving a notice under subsection (1) and having regard to the grounds on which each submission was made, notify the Comptroller, in writing, that he or she proposes to amend the application by altering the description of the goods the subject of the application, and set out in that notice the proposed amendment.

"(3) The applicant must not, under subsection (2), propose an amendment of an application that would cause the goods concerned to be covered by a different Customs