Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269sh:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269SH (pt 2/3)
Character Range: 1712798–1715487

decide, not later than 60 days after the last day for lodgement of the application for reconsideration, whether to affirm the original decision or to substitute any other decision that the Comptroller‑General of Customs might have made.
 (6) If the Comptroller‑General of Customs fails to make a decision under subsection (4) or (5) within the period referred to in that subsection, the Comptroller‑General of Customs 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‑General of Customs 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‑General of Customs, 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‑General of Customs makes a decision under subsection (4) or (5) on an application for reconsideration, the Comptroller‑General of Customs 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 (10) 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‑General of Customs, was not reasonably able to lodge a submission in relation to the TCO application within 50