CGT LAW - Obtaining a tariff concession may have become a lot easier

Friday, October 22, 2021

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Australia has in place the logical system of granting tariff concessions for imported goods where there is no local manufacturer. This sounds sensible, but for decades the Courts have interpreted the relevant legislation in a way that disregards commercial reality when considering whether the locally made goods and the goods the subject of the concession application, are substitutable. However, a recent Tribunal decision has suggested that some of the most difficult caselaw is no longer applicable.