Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p20
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 47264–50067

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 a regulation is made for the purposes of subsection (1) in respect of goods to which a TCO applies, that TCO must be taken, to the extent that it covers those goods, to have been revoked by the Comptroller on the day those regulations came into effect.

"(3) Where a TCO is taken to have been revoked under subsection (2) to the extent that it covers goods the subject of a regulation made for the purposes of subsection (1), the Comptroller must, as soon as practicable after the making of the regulation, by notice published in the Gazette, inform interested persons:

  (a)     of the fact that the regulation has been made; and

  (b)    of its effect on the TCO; and

  (c)     of the day on which the TCO is taken to have been so revoked.

TCOs not to contravene international agreements

"269SK. If the Comptroller is satisfied that, in accordance with the obligations of Australia under an agreement (including a treaty or convention) between Australia and another country or other countries, the rate of duty attaching to the importation of goods (whether or not the produce of a particular country) is not to be less than a particular minimum rate, the Comptroller must not make a TCO that would result in a contravention of those obligations.

TCOs not to be statutory rules

"269SL. A TCO is not to be taken to be a statutory rule within the meaning of the Statutory Rules Publication Act 1903.".

Interpretation

  11. Section 269T of the Principal Act is amended:

    (a)     by omitting from subsection (4B) "Comptroller" and substituting "Minister";

    (b)    by omitting from subsection (4C) "Comptroller" (twice occurring) and substituting "Minister".

Application for action under Anti-Dumping Act

  12.(1) Section 269TB of the Principal Act is amended:

     (a)     by omitting from subsection (1) "lodged with the Comptroller" and substituting "lodged with the Customs in accordance with subsection (5)";

     (b)    by omitting from subsection (2) "lodged with the Comptroller" and substituting "lodged with the Customs in accordance with subsection (5)";

     (c)     by omitting subsection (3) and substituting the following subsections:

     "(3) An applicant may, at any time before a preliminary finding is made under section 269TD in respect of the application, by notice in writing lodged with the Customs in accordance with subsection (4), withdraw the application in whole or in part.

     "(4) An application under subsection (1) or (2) or a notice under subsection (3) withdrawing such an application must:

       (a)     be in writing; and