Customs and Other Legislation Amendment Act 2017 (19 of 2017)

Schedule 5   Tariff concession orders

Customs Act 1901

3   Subsection 269E(2)

Repeal the subsection, substitute:

(2) For the purposes of this Part, substitutable goods, in respect of goods the subject of a TCO application, are taken to have been produced in Australia in the ordinary course of business if:

(a) a producer in Australia could produce substitutable goods, in respect of goods the subject of the TCO application, with existing facilities; and

(b) the substitutable goods the producer could produce would be made-to-order capital equipment; and

(c) in the 5 years before the application was lodged, the producer has made goods requiring the same labour skills, technology and design expertise as the substitutable goods the producer could produce; and

(d) the producer is prepared to accept an order to supply substitutable goods in respect of goods the subject of the TCO application.