Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p15
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 35046–37511

in relation to the goods the subject of the order; and

    (b)     that, if the TCO were not in force on that day but that day had occurred 28 days before an application for that TCO were lodged, the Comptroller would not have made the TCO.

"(2) If the Comptroller fails to make a decision in respect of a request for the revocation of a TCO within 60 days after lodgement of the request, the Comptroller is taken, for the purposes of subsection (1), at the end of that period, to have decided that he or she is not

satisfied of the matters referred to in that subsection in relation to the request.

"(3) If the Comptroller is satisfied of the matters referred to in subsection (1) in relation to a request for revocation of a TCO, the Comptroller must make an order revoking the TCO.

"(4) If the Comptroller is satisfied of the matters referred to in subsection (1) in relation to a request for revocation of a TCO but is also satisfied that if:

    (a)     the TCO were not in force on the day of lodgement of the request; and

    (b)     that day were a day occurring 28 days before an application for another TCO (the 'narrower TCO') in respect only of goods covered by the TCO that are not produced in Australia by the person making the request;

the Comptroller would have made such a narrower TCO, he or she must:

  (c)     revoke the TCO; and

  (d)     make, in its place, such a narrower TCO.

"(5) If the Comptroller is not satisfied of the matters referred to in subsection (1) in relation to a request for revocation of a TCO, the Comptroller must refuse the request.

"(6) An order under subsection (3) or (4) revoking a TCO comes into force on the day on which the request to revoke the TCO was lodged.

"(7) If a narrower TCO is made in place of another TCO that is revoked in subsection (4), that narrower TCO comes into force, for the purposes of this Part, from the date of effect of the revocation of the other TCO, as if it had been made under section 269P or 269Q.

Revocation at the initiative of Customs

"269SD.(1) If the Comptroller is satisfied that a TCO is no longer required because the general tariff rate in respect of the goods the subject of the order has been reduced to 'Free', the Comptroller may make an order revoking the TCO with effect from the day the tariff rate was so reduced.

  "(2) If the Comptroller is satisfied that:

  (a)     because of an amendment of a Customs tariff; or

    (b)    having regard to a