Customs Act 1901
If a TCO application in respect of 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) ;
that there is no one in Australia capable of repairing those goods in the ordinary course of business.
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 of the matters referred to in that subsection in relation to the application.
If the Comptroller-General of Customs is satisfied of the matters referred to in subsection (1) in relation to the application, 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.
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.
For the purposes of this section, a person is taken to be capable of repairing goods in the ordinary course of business if, in the ordinary course of business, the person is prepared to accept orders to repair those goods.
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