Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 9 - Review by Review Panel  

Subdivision B - Review of Ministerial decisions  

SECTION 269ZZM   MINISTER ' S DECISION  

269ZZM(1)  
After receiving a report by the Review Panel under subsection 269ZZK(1) , the Minister must:


(a) affirm the reviewable decision concerned; or


(b) revoke that decision and substitute a new decision.

269ZZM(1A)  


The Minister must make a decision under subsection (1) within:


(a) 30 days after receiving the report; or


(b) if the Minister considers there are special circumstances that prevent the decision being made within that period - such longer period as the Minister considers appropriate.

269ZZM(1B)  


If paragraph (1A)(b) applies, the Minister must give notice of the longer period on the Review Panel ' s website.

269ZZM(2)  
The Minister ' s decision under subsection (1) takes effect from the time specified by the Minister.

269ZZM(3)  
Without limiting subsection (l), the Minister may, under that subsection:


(a) publish a dumping duty notice or countervailing duty notice; or


(b) vary or revoke a dumping duty notice or countervailing duty notice; or


(c) revoke a dumping duty notice or countervailing duty notice and substitute another dumping duty notice or countervailing duty notice (as the case requires); or


(d) if the following apply:


(i) the reviewable decision is a decision by the Minister under subsection 269ZHG(1) not to secure the continuation of anti-dumping measures;

(ii) those measures comprised a dumping duty notice or a countervailing duty notice;

(iii) the notice expired under subsection 269ZHG(3) on a day;
declare that the notice, as in force immediately before its expiry, is reinstated; or


(e) if the following apply:


(i) the reviewable decision is a decision by the Minister under subsection 269ZHG(1) not to secure the continuation of anti-dumping measures;

(ii) those measures comprised the giving of an undertaking by a person;

(iii) the person was released from the undertaking under subsection 269ZHG(3) ;

(iv) the person, by notice in writing given to the Minister, agrees to the undertaking being reinstated;
declare that the undertaking, as in force immediately before the person was released from the undertaking, is reinstated.

269ZZM(4)  


The Minister must give notice of his or her decision on the Review Panel ' s website.

269ZZM(5)  
In spite of section 269TM , any new dumping duty notice or countervailing duty notice published in the exercise of a power conferred on the Minister under subsection (3) or any such notice as varied or substituted in the exercise of that power, expires:


(a) in the case of a notice published after a review of a decision not to publish such a notice - 5 years after the publication of the decision not to publish such a notice; or


(aa) in the case of a notice published where the following applies:


(i) the reviewable decision is a decision by the Minister under subsection 269ZHG(1) not to secure the continuation of anti-dumping measures;

(ii) those measures comprised the giving of an undertaking by a person;

(iii) the person was released from the undertaking under subsection 269ZHG(3) ;

(iv) the person does not agree to the undertaking being reinstated;
5 years after the day the decision to publish the notice takes effect; or


(b) in the case of a varied or substituted notice - 5 years after the publication of the original notice.

Example:

If the reviewable decision relates to a dumping duty notice that was published on 1 July 1998, and if the Minister, following a review under this Division, revokes that notice and substitutes a new dumping duty notice on 1 January 1999, the substituted notice will expire on 1 July 2003.

269ZZM(5A)  
A notice that is reinstated under subsection (1), as mentioned in paragraph (3)(d), expires 5 years after the day the decision to reinstate the notice takes effect, unless the reinstated notice is revoked before the end of that period.

269ZZM(5B)  
An undertaking that is reinstated under subsection (1), as mentioned in paragraph (3)(e), expires 5 years after the day the decision to reinstate the undertaking takes effect, unless provision is made for its earlier expiration.

269ZZM(6)  
If:


(a) the Minister makes a decision under subsection (1) to revoke or vary a dumping duty notice or countervailing duty notice (the original notice ), or to revoke the original notice and substitute another notice, with effect from a date before the Minister ' s decision; and


(b) an amount of interim duty has been paid on goods the subject of the original notice in excess of the amount of interim duty that would have been payable on those goods as a result of the Minister ' s decision;

the person who paid the interim duty may apply for a refund of the excess under Division 3 of Part VIII .




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