Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p14
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 32612–35258

lodged but before the making of the decision on the application, substitutable goods in relation to the goods the subject of the application ceased to be produced in Australia; and

    (c)     that if the production close-down day had occurred 28 days before the application was lodged the Comptroller would have been satisfied that the application met the core criteria;

the Comptroller must make a TCO in accordance with section 269P, but the TCO is in force only from the production close-down day.

"Division 4—Revocation of TCOs

Request for revocation of TCOs

  "269SB.(1) If:

  (a)     a TCO is in force on a particular day; and

  (b)    a person claiming to be a producer in Australia of substitutable

     goods in relation to the goods covered by the order is of the view that if:

       (i) the TCO were not in force on that particular day; and

         (ii) that particular day had occurred 28 days before the TCO application was lodged;

     the TCO would not have been made;

the person may request the Comptroller to revoke the order.

  "(2) A request 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 request for revocation may be lodged with Customs:

    (a)     by leaving it at a place that has been allocated for the lodgement of TCO applications at Customs House, Canberra; or

    (b)     by posting it by prepaid post to a postal address specified by Customs in the approved form; or

    (c)     by sending it by electronic facsimile to a facsimile number specified by Customs in the approved form;

and the request is taken to have been lodged when the request, or a facsimile of the request, is first received by an officer of Customs.

"(4) The day on which the request is to be taken to be lodged, must be recorded on the request.

Processing requests for revocation of TCOs

"269SC.(1) Not later than 60 days after lodgement of a request for revocation of a TCO, and after having regard to the request and to any other information, document or material given to the Comptroller under section 269SF, the Comptroller must decide whether or not he or she is satisfied:

    (a)     that, on the day of lodgement of the request, the person requesting the revocation of the TCO is a producer in Australia of goods that are substitutable goods in relation to the goods the subject of the order; and

    (b)     that, if the TCO were not in force on that day but that day had occurred 28 days before an application for that TCO were lodged, the Comptroller