Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p5
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 10134–13018

produced in Australia in the ordinary course of business but the granting of the TCO was not likely to have a significant adverse effect on the market for the substitutable goods.

Interpretation—goods produced in Australia

"269D.(1) For the purposes of this Part, goods, other than unmanufactured raw products, are taken to be produced in Australia if:

  (a)     the goods are wholly or partly manufactured in Australia; and

    (b)    not less than ¼ of the factory or works costs of the goods is represented by the sum of:

       (i) the value of Australian labour; and

       (ii) the value of Australian materials; and

          (iii) the factory overhead expenses incurred in Australia in respect of the goods.

"(2) For the purposes of this Part, goods are to be taken to have been partly manufactured in Australia if at least one substantial process in the manufacture of the goods was carried out in Australia.

"(3) Without limiting the meaning of the expression 'substantial process in the manufacture of the goods', any of the following operations or any combination of those operations does not constitute such a process:

  (a)     operations to preserve goods during transportation or storage;

    (b)     operations to improve the packing or labelling or marketable quality of goods;

  (c)     operations to prepare goods for shipment;

  (d)     simple assembly operations;

    (e)     operations to mix goods where the resulting product does not have different properties from those of the goods that have been mixed.

"(4) For the purposes of this section, the Comptroller may, by instrument in writing published in the Gazette:

    (a)     direct that the factory or works cost of goods is to be determined in a specified manner; and

    (b)     direct that the value of Australian labour, the value of Australian materials or the factory overhead expenses incurred in Australia in respect of goods is to be determined in a specified manner;

and those directions have effect accordingly.

"(5) The provisions of sections 48 (other than paragraphs (1)(a) and (b) and subsection (2)), 48A, 48B, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to directions given under subsection (4) as if:

    (a)     references in those provisions to regulations were references to directions; and

    (b)     references in those provisions to the repeal of a regulation were references to the revocation of a direction.

Interpretation—the ordinary course of business

"269E.(1) For the purposes of this Part, other than section 269Q, goods (other than made-to-order capital equipment) that are substitutable goods in relation to goods the subject of a TCO application are taken to be produced in Australia in the ordinary course of business if:

    (a)     they have been produced in Australia in the 2 years before the application was lodged; or