Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p6
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 12788–15587

relation to goods the subject of a TCO application are taken to be produced in Australia in the ordinary course of business if:

    (a)     they have been produced in Australia in the 2 years before the application was lodged; or

    (b)     they have been produced, and are held in stock, in Australia; or

    (c)     they are produced in Australia on an intermittent basis and have been so produced in the 5 years before the application was lodged

and a producer in Australia is prepared to accept an order to supply them.

  "(2) For the purposes of this Part, goods that:

    (a)     are substitutable goods in relation to goods the subject of a TCO application; and

  (b)     are made-to-order capital equipment;

are taken to be produced in Australia in the ordinary course of business if:

  (c) a producer in Australia:

         (i) has made goods requiring the same labour skills, technology and design expertise as the substitutable goods in the 2 years before the application was lodged; and

         (ii) could produce the substitutable goods with existing facilities; and

    (d) the producer is prepared to accept an order to supply the substitutable goods.

  "(3) In this section:

'made-to-order capital equipment' means capital equipment that is made in Australia to meet a specific order rather than being the subject of regular or intermittent production.

"Division 2—Making and processing TCO applications

Making a TCO application

"269F.(1) A person may apply to the Comptroller for a tariff concession order in respect of goods.

  "(2) An application 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) Without limiting the generality of paragraph (2)(c), a TCO application must contain:

    (a)     a full description of the goods to which the application relates; and

    (b)     a statement of the tariff classification that, in the opinion of the applicant, applies to the goods.

  "(4) A TCO application may be lodged with Customs:

    (a) by leaving it at a place that has been allocated for lodgement of TCO applications at Customs House in 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 application is taken to have been lodged when the application, or a facsimile of 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