Interpretation
269B Interpretation
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:
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
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:
in relation to an original TCO application:
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
so far as concerns any other person—the day occurring 50 days after the gazettal day; and
in relation to an amended TCO application:
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
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:
an application for a TCO under section 269F; or
an application for a TCO under section 269F as amended under section 269L; or
a proposal for the issue of a TCO that is to be taken under section 269J to be a TCO application.
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.
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.
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