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CUSTOMS ACT 1901 - SECT 269M

Comptroller - General of Customs may invite submissions or seek other information, documents or material

  (1)   If the Comptroller - General of Customs considers that, in relation to a particular TCO application, a person may have reason to oppose the making of the TCO to which the application relates, he or she may, by notice in writing, invite the person to lodge a written submission with the Comptroller - General of Customs within a period specified in the notice ending not later than 150 days after the gazettal day.

  (2)   A submission must:

  (a)   be in writing; and

  (b)   be in an approved form; and

  (c)   contain such information as the form requires; and

  (d)   be signed in the manner indicated in the form.

  (3)   A submission:

  (a)   must be lodged with the Comptroller - General of Customs in the same manner, and is taken to be lodged on the same day, as is specified in relation to a TCO application; and

  (b)   must have the day of its lodgement recorded.

  (4)   If the Comptroller - General of Customs considers that, in relation to a particular TCO application, any person (including the applicant or a person who has lodged a submission with the Comptroller - General of Customs) may be able to supply information or produce a document or material relevant to the consideration of the application, the Comptroller - General of Customs may, by notice in writing, request the supply of the information in writing or the production of the document or material within a period specified in the notice and ending not later than 150 days after the gazettal day.

  (5)   If a person refuses or fails to lodge a submission under subsection   (1) or to supply information or produce a document or material under subsection   (4) within the period allowed but subsequently lodges that submission, supplies the information or produces the document or material, the Comptroller - General of Customs must not take that submission, information, document or material into account in determining whether to make a TCO.

  (6)   At any time during the period of 150 days starting on the gazettal day, the Comptroller - General of Customs may, for the purpose of dealing with a TCO application, and despite Part   6 of the Australian Border Force Act 2015 , give a copy of all, or of a part, of the application to a prescribed organisation with a view to obtaining the advice of the organisation in relation to the question whether there are producers in Australia of substitutable goods.


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