Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p7
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 15355–18085

the application, is first received by an officer of Customs.

"(5) The day on which an application is taken to have been lodged must be recorded on the application.

Withdrawing a TCO application

"269G.(1) A person who has lodged a TCO application under section 269F may withdraw the application at any time before a decision is made under section 269P or 269Q in relation to that application.

  "(2) A withdrawal of a TCO application:

  (a)     must be in writing; and

    (b)     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

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

"(3) If a notice informing of the lodgement of a TCO application is published in the Gazette before that application is withdrawn, the Comptroller must publish in the Gazette, as soon as practicable after the withdrawal is lodged, a notice:

  (a)     stating that the TCO application has been withdrawn; and

  (b)     describing the goods to which the TCO application related; and

    (c)     specifying the Gazette number and date of the previous notice relating to the TCO application; and

  (d)     specifying the date of withdrawal of the TCO application.

Screening the application

"269H.(1) Not later than 28 days after a TCO application is lodged, the Comptroller must:

    (a)     if he or she is satisfied that the application complies with section 269F, by notice in writing given to the applicant, inform the applicant that the application is accepted as a valid application; and

    (b)     if he or she is not so satisfied, by notice in writing given to the applicant, inform the applicant that the application is rejected and of the reasons for the rejection.

"(2) If the Comptroller has not, within that period, accepted or rejected the application, this Part has effect as if the Comptroller had,

immediately before the end of that period, informed the applicant, by notice in writing, that the application is accepted as a valid application.

Applications taken to be lodged in certain circumstances

"269J.(1) If the Comptroller decides that it is desirable to consider making a TCO despite the absence of a TCO application, the Comptroller may declare, in writing, that he or she has so decided.

"(2) A declaration under subsection (1) must include a proposal for the issue of the TCO in respect of the goods referred to in the declaration.

"(3) If the 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