Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p18
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 42150–45026

subsection 269SC(3), a firm order had been placed for the purchase of any such equipment, the TCO continues to apply in relation to the importation into Australia of that capital equipment.

"Division 5—Miscellaneous

Internal review

"269SH.(1) Not later than 28 days after gazettal of a decision (the 'original decision') on a TCO application or on a request for revocation of a TCO, any affected person within the meaning of subsection (13) who objects to the making of the decision may apply to the Comptroller for its reconsideration.

  "(2) An application for reconsideration must:

  (a)     be in writing; and

    (b)     include the grounds on which the person objects to the decision (whether or not those grounds had previously been considered).

  "(3) An application for reconsideration:

    (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) Where application is made for reconsideration of a decision made on a TCO application, the Comptroller, having regard to:

  (a)     the TCO application; and

    (b)     the submissions, information, documents and materials which the Comptroller was entitled to take into account in considering the TCO application; and

    (c)     any new matter produced to the Comptroller by the applicant for reconsideration which, under subsection (6), the Comptroller is not prevented from taking into account for that purpose;

must decide, not later than 90 days after the last day for lodgement of the application for reconsideration, whether to affirm the original decision or to substitute any other decision that the Comptroller might have made.

"(5) Where application is made for reconsideration of a decision on a request for revocation, the Comptroller, having regard to:

  (a)     the request for revocation; and

    (b)     the information, documents and materials which the Comptroller was entitled to take into account in considering the request; and

    (c)     any new matter produced to the Comptroller by the applicant for reconsideration which, under subsection (7), the Comptroller is not prevented from taking into account for that purpose;

must decide, not later than 60 days after the last day for lodgement of the application for reconsideration, whether to affirm the original decision or to substitute any other decision that the Comptroller might have made.

"(6) If the Comptroller fails to make a decision under subsection (4) or (5) within the period referred to in that subsection, the Comptroller is taken, for the purposes of the reconsideration, at the end of that period, to have made a decision to affirm the original decision.

"(7) For the purposes of subsections (4) and (5), the Comptroller must not take into