Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p11
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 25320–27972

have been sought;

that, for the reasons specified in subsection (1) or (2), it is necessary to reprocess the application and that a new notice of the application will be published in the Gazette for that purpose.

"(4) As soon as practicable after giving a notice under subsection (3), the Comptroller must publish in the Gazette a new notice under subsection 269K(1) in relation to the TCO application in substitution for the notice previously published.

"(5) A person who had lodged a submission in relation to the original notice published under section 269K in respect of a TCO application may notify the Comptroller in writing, not later than 50 days after the day of publication of the substituted notice under that section, that he or she wishes to proceed with the submission, or wishes to proceed with it subject to stated modifications, as if it had been provided in response to the substituted notice and, where the Comptroller is so notified, the submission is to be treated as if it had been so provided on the day of that notification.

"(6) If a TCO is made in respect of a TCO application that is reprocessed in accordance with this section, the day on which the TCO is to be taken to come into force is unaffected by the decision to reprocess that application.

"Division 3—Making and operation of TCOs

The making of a standard TCO

"269P.(1) If a TCO application in respect of goods, other than goods sent out of Australia for repair, has been accepted as a valid application under section 269H, the Comptroller must decide, not later than 150 days after the gazettal day, whether or not he or she is satisfied, having regard to:

   (a)     the application; and

     (b)     all submissions lodged with the Comptroller before the last day for submissions; and

     (c)     all information supplied and documents and material produced to the Comptroller in accordance with a notice under subsection 269M(4);

that the application meets the core criteria.

"(2) If the Comptroller fails to make a decision under subsection (1) in respect of a TCO application within 150 days after the gazettal day, the Comptroller is taken, for the purposes of subsection (1), at the end of that period, to have made a decision that he or she is not satisfied that the application meets the core criteria.

"(3) If the Comptroller is satisfied that the application meets the core criteria, he or she must make a written order declaring that the goods the subject of the TCO application are goods to which a prescribed item specified in the order applies.

  "(4) The TCO must include:

     (a)     a description of the goods the subject of the