Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p19
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 44794–47483

Comptroller is taken, for the purposes of the reconsideration, at the end of that period, to have made a decision to affirm the original decision.

"(7) For the purposes of subsections (4) and (5), the Comptroller must not take into account any new material that is not produced to him or her by the applicant for reconsideration of an original decision within the period of 28 days after notification of the original decision in the Gazette.

"(8) Where the Comptroller, on reconsidering an original decision, decides to substitute for that decision any decision that he or she might have made, the substituted decision is to be taken to have been made when the original decision was made.

"(9) If the substituted decision involves the making of a TCO, or of an order revoking a TCO, that TCO or revocation order comes into force on the day on which, if the original decision had involved making the TCO or order revoking a TCO, that TCO or order would have come into force.

"(10) As soon as practicable after the Comptroller makes a decision under subsection (4) or (5) on an application for reconsideration, the Comptroller must:

     (a)     by notice in writing inform the applicant for reconsideration of the decision made on the reconsideration; and

     (b)     by notice published in the Gazette, inform all other interested persons of the decision made on that reconsideration.

"(11) If the decision on an application for reconsideration has led to the making of an order or orders, the notice of the decision given to the applicant for reconsideration and published in the Gazette must include full particulars of the order or orders.

"(12) A failure to comply with subsection (9) does not affect the validity of any decision on a reconsideration or of any order or orders to which it has led.

  "(13) In subsection (1):

'affected person' means:

   (a) in relation to a decision on a TCO application:

       (i) the applicant for the TCO; or

          (ii) any person who lodged a submission before the last day for submissions in relation to the TCO application; or

         (iii) any person who, in the opinion of the Comptroller, was not reasonably able to lodge a submission in relation to

         the TCO application within 50 days of the gazettal day; and

  (b) in relation to a decision on a request for revocation:

       (i) the person requesting the revocation; or

         (ii) any other person whose interests are affected by the decision made on the request.

TCOs not to apply to prescribed goods

"269SJ.(1) The Comptroller must not make a TCO in respect of goods declared by the regulations to be goods to which a TCO should not extend.

"(2) If