CUSTOMS ACT 1901 - SECT 269P The making of a standard TCO

CUSTOMS ACT 1901 - SECT 269P

  (1)   If a TCO application in respect of goods, other than goods sent out of Australia for repair, has been accepted as a valid application under section   269H, the Comptroller - General of Customs must decide, not later than 150 days after the gazettal day, whether or not he or she is satisfied, having regard to:

  (a)   the application; and

  (b)   all submissions lodged with the Comptroller - General of Customs before the last day for submissions; and

  (c)   all information supplied and documents and material produced to the Comptroller - General of Customs in accordance with a notice under subsection   269M(4); and

  (d)   any inquiries made by the Comptroller - General of Customs;

that the application meets the core criteria.

  (2)   If the Comptroller - General of Customs fails to make a decision under subsection   (1) in respect of a TCO application within 150 days after the gazettal day, the Comptroller - General of Customs is taken, for the purposes of subsection   (1), at the end of that period, to have made a decision that he or she is not satisfied that the application meets the core criteria.

  (3)   If the Comptroller - General of Customs is satisfied that the application meets the core criteria, he or she must make a written order declaring that the goods the subject of the TCO application are goods to which a prescribed item specified in the order applies.

  (4)   The TCO must include:

  (a)   a description of the goods the subject of the order including a reference to the Customs tariff classification that, in the opinion of the Comptroller - General of Customs, applies to the goods; and

  (b)   a statement of the day on which the TCO is to be taken to have come into force; and

  (c)   if subsection   269SA(1) applies in relation to the TCO--a statement of the day on which it ceases to be in force.