Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p43
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 103768–106618

time after the publication of a notice in the Gazette under subsection 269K(1), the CEO rejects the application to which the notice relates under subsection (1), the CEO must, as soon as practicable after rejecting the application, publish a notice in the Gazette stating that the application has been rejected and giving the reason for the rejection.".

58. After subsection 269SD(4):

Insert:

"(5) If the CEO is satisfied that a TCO contains a description of the goods the subject of the order in terms of their intended end use, the CEO may make an order revoking the TCO with effect from the revocation.".

59. Subsection 269SE(2):

Omit "or (2)", substitute ", (2) or (5)".

60. Subsection 269SJ(1):

Omit the subsection, substitute:

"(1) The CEO must not make a TCO in respect of goods:

    (a) described in terms of their intended end use; or

    (b) declared by the regulations to be goods to which a TCO should not extend.".

    Note: The heading to section 269SJ is altered by inserting "goods described by reference to their end use or" before "prescribed goods".

61. Subsections 269SJ(2) and (3):

Omit "subsection (1)", substitute "paragraph (1)(b)".

62. After paragraph 273GA(1)(aaj):

Insert:

       "(aak) a decision by an officer under subsection 77D(4) to specify conditions to which a permission under section 77D is subject;

       (aal) a decision by an officer under section 77D to refuse to grant a permission under that section;

       (aam) a decision by an officer under section 77D to revoke a permission granted under that section;

       (aan) a decision by an officer under subsection 77E(4) to specify conditions to which a permission under section 77E is subject;

SCHEDULE 4—continued

       (aao) a decision by an officer under section 77E to refuse to grant a permission under that section;

       (aap) a decision by an officer under section 77E to revoke a permission granted under that section;".

63. After paragraph 273GA(1)(m):

Insert:

       "(ma) a decision of the CEO under section 269HA rejecting a TCO application;".

64. Paragraphs 273GA(1)(n), (o), (q) and (r):

Insert "a decision of the CEO under section 269SH on a reconsideration of" before "a decision".

65. Paragraph 273GA(1)(s):

Omit "or (2)", substitute ", (2) or (5)".

66. Subsection 273GA(6A):

Omit the subsection, substitute:

"(6A) An application may not be made to the Tribunal in respect of a decision under section 269SH on a reconsideration of a decision of the CEO under subsection 269P(1), 269Q(1) or 269SC(1) or (4) unless the person who makes the application to the Tribunal is:

    (a) an affected person within the meaning of section 269SH; and

    (b) is adversely affected by the decision on the reconsideration.".

67. Schedules III, IV and V:

Repeal the Schedules.

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 SCHEDULE 5  Section 7