Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p4
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 7688–10388

accordance with section 269N, the Comptroller publishes a notice in respect of the application in the Gazette under subsection 269K(1) in substitution for an earlier notice—the day on which the Comptroller publishes that substituted notice;

'goods produced in Australia' has the meaning given by section 269D;

'last day for submissions', in relation to a TCO application, means:

    (a)     so far as concerns a person invited by the Comptroller under section 269M to lodge a submission in respect of a TCO application—the day fixed in the notice inviting that submission; and

    (b)     so far as concerns any other person—the day occurring 50 days after the gazettal day;

'lodged', in relation to a TCO application, includes taken to be lodged because of the operation of section 269J;

'ordinary course of business' has the meaning given by section 269E;

'prescribed item' means an item in Schedule 4 to the Customs Tariff Act 1987 that is expressed to apply to goods that a TCO declares are goods to which the item applies;

'repair', in relation to goods, includes renovate;

'substitutable goods', in respect of goods the subject of a TCO application or of a TCO, means goods produced in Australia that are put to a use that corresponds with a use (including a design use) to which the goods the subject of the application or of the TCO can be put;

'TCO' means a tariff concession order made under section 269P or 269Q or taken to be made under section 269P or 269Q because of the operation of section 269SC;

'TCO application' means:

   (a)     an application for a TCO under section 269F; or

     (b)    an application for a TCO under section 269F as amended under section 269L; or

     (c)     a proposal for the issue of a TCO that is to be taken under section 269J to be a TCO application.

"(2) Despite the definition of 'days' in section 4, Sundays and public holidays are counted as days for the purpose of computing a period for the purposes of this Part but nothing in this subsection derogates from the operation of section 36 of the Acts Interpretation Act 1901.

Interpretation—core criteria

"269C. For the purposes of this Part, a TCO application is to be taken to meet the core criteria if, on the day occurring 28 days before the day on which the application was lodged:

     (a)     no substitutable goods were produced in Australia in the ordinary course of business; or

     (b)    substitutable goods were produced in Australia in the ordinary course of business but the granting of the TCO was not likely to have a significant adverse effect on the market for the substitutable goods.

Interpretation—goods produced in Australia

"269D.(1) For the purposes of