Customs Act 1901

PART XVA - TARIFF CONCESSION ORDERS  

Division 1 - Preliminary  

SECTION 269B   INTERPRETATION  

269B(1)  


In this Part, unless the contrary intention appears:

"capital equipment"
means goods, which if imported into Australia, would be goods to which Chapters 84, 85, 86, 87, 89 or 90 of Schedule 3 to the Customs Tariff Act 1995 would apply;

" Customs Tariff Act 1995 "
includes that Act as proposed to be altered by a Customs Tariff alteration proposed, or intended to be proposed, in the Parliament.

"gazettal day"
, in relation to a TCO application, means:


(a) unless paragraph (b) applies - the day on which the Comptroller-General of Customs publishes a notice in respect of the application in the Gazette under subsection 269K(1) ; or


(b) if, in accordance with section 269N , the Comptroller-General of Customs publishes a notice in respect of the application in the Gazette under subsection 269K(1) in substitution for an earlier notice - the day on which the Comptroller-General of Customs publishes that substituted notice;

"goods produced in Australia"
has the meaning given by section 269D ;

"last day for submission"
means:


(a) in relation to an original TCO application:


(i) so far as concerns a person invited by the Comptroller-General of Customs under section 269M to lodge a submission in respect of the TCO application - the day fixed in the notice inviting that submission; and

(ii) so far as concerns any other person - the day occurring 50 days after the gazettal day; and


(b) in relation to an amended TCO application:


(i) so far as concerns a person invited under paragraph 269L(4B)(a) to lodge a further submission in respect of the amended TCO application - the day occurring 14 days after the notification containing that invitation; and

(ii) so far as concerns any other person - the day occurring 14 days after publication of a notice under paragraph 269L(4B)(b) inviting submissions in relation to the amended application.

"lodged"
, in relation to a TCO application, includes taken to be lodged because of the operation of section 269J ;

"ordinary course of business"
has the meaning given by section 269E ;

"prescribed item"
means an item in Schedule 4 to the Customs Tariff Act 1995 that is expressed to apply to goods that a TCO declares are goods to which the item applies;

"repair"
, in relation to goods, includes renovate;

"substitutable goods"
, in respect of goods the subject of a TCO application or of a TCO, means goods produced in Australia that are put, or are capable of being put, to a use that corresponds with a use (including a design use) to which the goods the subject of the application or of the TCO can be put;

"TCO"
means a tariff concession order made under section 269P or 269Q or taken to be made under section 269P or 269Q because of the operation of section 269SC ;

"TCO application"
means:


(a) an application for a TCO under section 269F ; or


(b) an application for a TCO under section 269F as amended under section 269L ; or


(c) a proposal for the issue of a TCO that is to be taken under section 269J to be a TCO application.

269B(2)  
Despite the definition of " days " in section 4 , Sundays and public holidays are counted as days for the purpose of computing a period for the purposes of this Part but nothing in this subsection derogates from the operation of section 36 of the Acts Interpretation Act 1901 .

269B(3)  
In determining whether goods produced in Australia are put, or are capable of being put, to a use corresponding to a use to which goods the subject of a TCO, or of an application for a TCO, can be put, it is irrelevant whether or not the first-mentioned goods compete with the second-mentioned goods in any market.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.