Consequence of commencement or cessation of production before TCO decision
269SA Consequence of commencement or cessation of production before TCO decision
If the Comptroller‑General of Customs is satisfied, in relation to a TCO application:
that the application meets the core criteria; and
that on a day (the production start‑up day) occurring later than the day on which the application was lodged but before the making of the decision on the application, substitutable goods in relation to the goods the subject of the application commenced to be produced in Australia; and
that if the production start‑up day had occurred on the day on which the application was lodged, the Comptroller‑General of Customs would not have been satisfied that the application met the core criteria;
the TCO that the Comptroller‑General of Customs makes continues in force only until the production start‑up day.
If the Comptroller‑General of Customs is satisfied, in relation to a TCO application:
that the application does not meet the core criteria; and
that on a day (the production close‑down day) occurring later than the day on which the application was lodged but before the making of the decision on the application, substitutable goods in relation to the goods the subject of the application ceased to be produced in Australia; and
that if the production close‑down day had occurred on the day on which the application was lodged the Comptroller‑General of Customs would have been satisfied that the application met the core criteria;
the Comptroller‑General of Customs must make a TCO in accordance with section 269P, but the TCO is in force only from the production close‑down day.
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