Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269TDAA

             (1)  The CEO must, within 110 days after the date of initiation of an investigation arising from an application under section 269TB or such longer period as the Minister allows under section 269ZHI, place on the public record a statement of the facts (the statement of essential facts ) on which the CEO proposes to base a recommendation to the Minister in relation to that application.

             (2)  Subject to subsection (3), in formulating the statement of essential facts, the CEO:

                     (a)  must have regard to:

                              (i)  the application concerned; and

                             (ii)  any submissions concerning publication of the notice that are received by Customs within 40 days after the date of initiation of the investigation; and

                     (b)  may have regard to any other matters that the CEO considers relevant.

             (3)  The CEO is not obliged to have regard to a submission received by Customs after the end of the period referred to in subparagraph (2)(a)(ii) if to do so would, in the CEO's opinion, prevent the timely placement of the statement of essential facts on the public record.