Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269E

  (1)   For the purposes of this Part, other than section   269Q, goods (other than made - to - order capital equipment) that are substitutable goods in relation to goods the subject of a TCO application are taken to be produced in Australia in the ordinary course of business if:

  (a)   they have been produced in Australia in the 2 years before the application was lodged; or

  (b)   they have been produced, and are held in stock, in Australia; or

  (c)   they are produced in Australia on an intermittent basis and have been so produced in the 5 years before the application was lodged;

and a producer in Australia is prepared to accept an order to supply them.

  (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.

  (3)   In this section:

"made-to-order capital equipment" means a particular item of capital equipment:

  (a)   that is made in Australia on a one - off basis to meet a specific order rather than being the subject of regular or intermittent production; and

  (b)   that is not produced in quantities indicative of a production run.