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CUSTOMS LEGISLATION (TARIFF CONCESSIONS AND ANTI-DUMPING) AMENDMENT ACT 1992 No. 89 of 1992 - SECT 20

Transitional
20.(1) Despite its repeal by section 10 of this Act, Part XVA of the Principal
Act continues in force in relation to each Commercial Tariff
Concession Order ("CTCO") made before that repeal or made after that repeal in
accordance with subsection (2).

(2) If an application for a CTCO had been lodged, but not finally determined,
under Part XVA of the Principal Act, before the repeal of that Part, that
application is to be determined under that Part, not later than 150 days after
the repeal, as if that Part had not been repealed.

(3) If the Comptroller fails to determine an application for a CTCO within the
period of 150 days referred to in subsection (2), the Comptroller is taken, at
the end of that period, to have made a decision not to make the CTCO applied
for.

(4) Despite subsection (1), the Comptroller does not have the power under
subsection 269K(2) of the Principal Act as continued in force, to reconsider a
decision on an application for a CTCO unless:

   (a)  the Comptroller had begun to exercise that power before the repeal; or

   (b)  in respect of applications for CTCOs that were determined before, but
        not more than 28 days before, the repeal - a request is made to the
        Comptroller for the exercise of the power within 28 days after the
        repeal; or

   (c)  in respect of applications for CTCOs that are determined after the
        repeals - a request is made to the Comptroller for the exercise of the
        power within 28 days after the application is determined.

(5) The power of the Comptroller under subsection 269K(2) of the Principal Act
as continued in force under subsection (1) must be exercised within 60 days of
the repeal or within 60 days of the request for the exercise of the power,
whichever last occurs.

(6) If the Comptroller fails to exercise his or her power to reconsider a
decision on an application for a CTCO within the period referred in subsection
(4), the Comptroller is taken, at the end of that period, to have made a
decision to affirm the original decision. 


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