Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p10
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 22770–25547

any person (including the applicant or a person who has lodged a submission with the Comptroller) may be able to supply information or produce a document or material relevant to the consideration of the application, the Comptroller may, by notice in writing, request the supply of the information in writing or the production of the document or material within a period specified in the notice and ending not later than 150 days after the gazettal day.

"(5) If a person refuses or fails to lodge a submission under subsection (1) or to supply information or produce a document or material under subsection (4) within the period allowed but subsequently lodges that submission, supplies the information or produces the document or material, the Comptroller must not take that submission, information, document or material into account in determining whether to make a TCO.

Reprocessing of TCO applications

"269N.(1) If, after gazettal day in respect of a TCO application but before a decision is made on the application, the Comptroller is satisfied that:

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

     (b)     having regard to a decision of a court or of the Administrative Appeals Tribunal; or

     (c)     having regard to written advice on the matter given by an officer or employee of the Commonwealth performing duties in

     the Attorney-General's Department who is entitled, under section 55D of the Judiciary Act 1903, to practise as a barrister and solicitor in any Territory;

the tariff classification that was stated in the notice published in the Gazette under section 269K to apply to the goods the subject of the application has not, with effect from the gazettal day or a later day, applied to the goods, the Comptroller must take action to reprocess the application.

"(2) If the Comptroller is satisfied that, in publishing a notice in the Gazette under section 269K in relation to a TCO application, there has been a transcription error in the description of the goods the subject of the application including the tariff classification that is stated to apply to the goods, the Comptroller must take action to reprocess the application.

"(3) Where the Comptroller is required to take action under subsection (1) or (2), he or she must, as soon as practicable after becoming so required, notify:

  (a)     the applicant; and

    (b)     all persons from whom submissions in relation to the application have been received; and

    (c)     all persons from whom submissions in relation to the application 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