PART XVB
-
SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES
History
Pt XVB amended by No 32 of 2013, s 3 and Sch 1 items 10
-
14, effective 1 July 2013. For transitional provisions see note under the title of this Act.
[
CCH Note:
Sch 4 of No 79 of 1998 provides for the following application, transitional and saving provisions which commenced on 24 July 1998.
Application, transitional and saving provisions
Definitions for the purposes of application, transitional and saving provisions generally
1
In this Schedule:
ADA Act
means the
Anti-Dumping Authority Act 1988
.
affected party
has the same meaning as in Part XVB of the Customs Act.
Authority
means the Anti-Dumping Authority established by section 4 of the ADA Act.
CEO
has the same meaning as in the Customs Act.
Customs Act
means the
Customs Act 1901
.
Dumping Duty Act
means the
Customs Tariff (Anti-Dumping) Act 1975
.
importer
has the same meaning as in Part XVB of the Customs Act.
interim duty
has the same meaning as in Part XVB of the Customs Act.
negative preliminary decision
has the same meaning as in Part XVB of the Customs Act.
negative preliminary finding
, in relation to goods the subject of an application under section 269TB of the Customs Act, means a preliminary finding, under that Act, to the effect that:
(a)
there are not sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or
(b)
there will not be sufficient grounds for such publication after the importation into Australia of such goods.
positive preliminary finding
, in relation to goods the subject of an application under section 269TB of the Customs Act, means a preliminary finding, under that Act, to the effect that:
(a)
there are sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or
(b)
there will be sufficient grounds for such publication after the importation into Australia of such goods.
public record
has the same meaning as in Part XVB of the Customs Act.
reviewable decision
has the same meaning as in Division 9 of Part XVB of the Customs Act.
Review Officer
has the same meaning as in Part XVB of the Customs Act.
transfer day
means the day on which the items in Schedule 1 (other than item 39) commence.
Application provision
2(1)
The Customs Act, as amended by this Act, applies in relation to:
(a)
all applications under section 269TB of that Act as so amended for publication of dumping duty notices or countervailing duty notices; and
(b)
all applications under Division 4 of Part XVB of the Customs Act as so amended for assessment of the duty payable under the Dumping Duty Act on goods on which an interim duty has been or is paid, whether that interim duty was paid before, or is paid on or after, the transfer day; and
(c)
all applications, under Division 5 of Part XVB of the Customs Act as so amended, for review of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and
(d)
all applications, under Division 6 of Part XVB of the Customs Act as so amended, for the accelerated review of dumping duty notices or countervailing duty notices, whether those notices were published before, or are published on or after, the transfer day; and
(e)
all applications, under Division 6A of Part XVB of the Customs Act as so amended, for continuation of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and
(f)
all applications, under Division 9 of Part XVB of the Customs Act as so amended, for the review of reviewable decisions within the meaning of that Division made on or after the transfer day.
2(2)
Nothing in subitem (1) implies that the Customs Act as amended by this Act does not apply in any additional circumstance where it is expressed to apply because of the operation of item 3, 4, 5, 6, or 7.
Transitional provisions
-
decisions concerning rejection of applications under section 269TB of the Customs Act
3(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; but
(b)
the CEO has neither made a decision to reject, nor made a decision not to reject, that application;
then:
(c)
the application is to be treated, for all purposes, on and after that day, as if it were an application made under the Customs Act as amended by this Act; and
(d)
the ADA Act does not apply in respect of that application.
3(2)
If, before the transfer day
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO decides to reject that application; and
(c)
the applicant refers the decision to the Authority for review; but
(d)
that review is not completed;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and
(f)
if the Authority confirms the decision
-
the application lapses; and
(g)
if the Authority revokes the decision
-
an investigation in respect of the application is to be initiated under the Customs Act as amended by this Act as if:
(i)
the Customs Act as so amended had been in force when the application was made; and
(ii)
the CEO had decided not to reject the application.
3(3)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO decides to reject that application; and
(c)
the applicant does not refer the decision to the Authority for review;
then:
(d)
the application is to be dealt with, on or after that day, for all purposes (including working out time limits for a possible review of that decision by the Review Officer) as if the Customs Act as amended by this Act had been in force when the application was made; and
(e)
the ADA Act does not apply in respect of the application.
Transitional provisions
-
Customs investigations that have not resulted in a preliminary finding before transfer day
4(1)
If:
(a)
an application is made under section 269TB of the Customs Act as in force before the transfer day; and
(b)
the CEO has initiated an investigation in respect of that application but has not, before that day, made a preliminary finding; and
(c)
not more than 100 days have passed since the initiation of the investigation;
the investigation is to be treated, on and after that day, for all purposes, as if it had, at all times, been an investigation, under the Customs Act as amended by this Act, in respect of an application made under the Customs Act as so amended.
4(2)
For the purposes of so treating the investigation, and without limiting the generality of subitem (1):
(a)
the time limits for the making of a preliminary affirmative determination, the placing of a statement of essential facts on the public record, and the making of a report in respect of the investigation to the Minister, under the Customs Act as amended by this Act, are to be worked out from the date of the actual initiation of the investigation under the Customs Act as in force before the transfer day; and
(b)
if a preliminary affirmative determination is so made, securities may be imposed in accordance with subsection 269TD(3) of the Customs Act as so amended.
Transitional provisions
-
Customs investigations terminated before transfer day
5(1)
If:
(a)
an application is made under section 269TB of the Customs Act as in force before the transfer day; and
(b)
the CEO has initiated an investigation in respect of that application but decides, before that day, to terminate that investigation under section 269TDA of that Act as so in force; and
(c)
not more than 100 days have passed between the initiation of the investigation and the making of that decision; and
(d)
the applicant, before that day, refers the decision to the Authority for review under section 7A of the ADA Act but that review is not completed before that day;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under the ADA Act; and
(f)
if the Authority confirms the decision
-
the investigation lapses; and
(g)
if the Authority rejects the decision
-
the investigation is to be remitted to the CEO to be dealt with in accordance with subitem (2).
5(2)
If an investigation is remitted to the CEO in the circumstances set out in subitem (1):
(a)
subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation in respect of an application made under section 269TB of the Customs Act as amended by this Act; and
(b)
if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation
-
the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and
(c)
the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.
Transitional provisions
-
positive preliminary finding made by CEO before transfer day
6(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a positive preliminary finding in respect of the application;
the CEO must, if he or she has not already done so;
(c)
give public notice of that finding; and
(d)
refer the question whether the publication of the notice sought in the application is justified to the Authority for determination under the ADA Act.
6(2)
If public notice of the finding is given on or after the transfer day, it is required to be given in accordance with section 269ZI of the Customs Act as in force immediately before that day.
6(3)
For the purposes of the operation of the ADA Act in respect of the referral of the question referred to in paragraph (1)(d), that referral is treated as having taken place under subsection 269TD(2) of the Customs Act as in force immediately before the transfer day, whether it took place before, or takes place on or after, that day.
Note:
The determination of a question referred to the Authority under subsection 7(1) of the ADA Act may involve the exercise of termination powers under section 7B of that Act or the acceptance of an undertaking under section 7C of that Act.
Transitional provisions
-
negative preliminary findings made by CEO before transfer day
7(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a negative preliminary finding in respect of the application; and
(c)
the applicant refers the finding to the Authority for review; but
(d)
that review is not completed;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and
(f)
if the Authority confirms the finding
-
the investigation lapses; and
(g)
if the Authority rejects the finding
-
the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.
7(2)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a negative preliminary finding in respect of the application; and
(c)
the applicant does not refer the finding to the Authority for review; but
(d)
the period for so referring the finding has not expired;
then:
(e)
the applicant may refer the finding to the Authority as if the amendments of the Customs Act made by this Act had not been made; and
(f)
if the applicant does so, the review is to be dealt with by the Authority, under section 8 of the ADA Act; and
(g)
if the Authority confirms the finding
-
the investigation lapses; and
(h)
if the Authority rejects the finding
-
the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.
7(3)
If an investigation is remitted to the CEO in the circumstances set out in subitem (1) or (2):
(a)
subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation of an application made under section 269TB of the Customs Act as amended by this Act; and
(b)
if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation
-
the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and
(c)
the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.
Transitional provisions
-
applications for assessment of duty
8(1)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has not made a decision under subsection 269X(6) in relation to that application;
then, for the purpose of the CEO
'
s dealing with that application on an after that day, Division 4 of the Customs Act as in force before that day continues to apply in relation to the CEO
'
s consideration of the application as if the amendments of the Customs Act made by items 63, 64, 65 and 66 of Schedule 1 to this Act had not been made.
8(2)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has made a negative preliminary decision in relation to that application; and
(c)
the applicant refers the negative preliminary decision to the Authority for review; but
(d)
the review is not completed;
then
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8B of the ADA Act; and
(f)
section 269Y of the Customs Act has effect, on and after that day, in relation to any recommendation received by the Minister from the Authority, as if the amendment of that section made by item 69 of Schedule 1 to this Act had not been made.
8(3)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has made a negative preliminary decision in relation to that application; and
(c)
the applicant does not refer the decision to the Authority for review; but
(d)
the period for so referring the decision has not expired;
then:
(e)
with effect from the transfer day, the applicant
'
s right to refer the decision to the Authority for review is terminated but the applicant may instead, within the time limit that would have applied for so referring the decision, apply instead to the Review Officer to review the decision; and
(f)
if the applicant does so, the review is to be dealt with by the Review Officer under Division 9 of the Customs Act as amended by this Act as if it were a review, sought in accordance with the requirements of that Division, of a decision made under the Customs Act as amended by this Act.
Saving provision
-
review of interim duty
9
If, before the transfer day:
(a)
interim duty has been paid under the Dumping Duty Act on goods entered for home consumption under the Customs Act as in force before that day; and
(b)
the CEO has received an application from an affected party, or a notice from the Minister, under Division 5 of Part XVB of the Customs Act as so in force, requesting a review of the rate of interim duty imposed on those goods;
that Division of the Customs Act as so in force continues to apply, on and after that day, in respect of that review as if the amendments of the Customs Act made by this Act had not been made.
Amending Act No 173 of 1989, s 9 provides:
(1)
Any act or thing done, including, but without limiting the generality of the foregoing, any determination made, any notice given or published, or any undertaking given or accepted, under a provision of the
Customs Tariff (Anti-Dumping) Act 1975
that is repealed and re-enacted in similar form in a provision (in this subsection called the
'
corresponding provision
'
) inserted in Part XVB of the
Customs Act 1901
has effect, on and after the day this section commences, for all purposes, as if it were an act or thing done under the corresponding provision.
(2)
Any delegation under section 19 of the
Customs Tariff (Anti-Dumping) Act 1975
of a power or function conferred on the Minister under a provision of that Act that is repealed and re-enacted in similar form in a provision (in this subsection called the
'
corresponding provision
'
) inserted in Part XVB of the
Customs Act 1901
, being a delegation that is in force immediately before the day this section commences, continues to have effect, on and after that day, for all purposes, as if it were a delegation under section 9 of the
Customs Act 1901
of that power or function as conferred on the Minister by the corresponding provision.]
Division 1
-
Definitions and role of Minister
History
Div 1 heading substituted by No 32 of 2013, s 3 and Sch 1 item 9, effective 1 July 2013.
Div 1 heading inserted by No 174 of 1989, s 11, effective 21 December 1989.
SECTION 269TAE
MATERIAL INJURY TO INDUSTRY
269TAE(1)
[To Australian industry]
In determining, for the purposes of section
269TG
or
269TJ
, whether material injury to an Australian industry has been or is being caused or is threatened or would or might have been caused, or whether the establishment of an Australian industry has been materially hindered, because of any circumstances in relation to the exportation of goods to Australia from the country of export, the Minister may, without limiting the generality of that section but subject to subsections (2A) to (2C) have regard to:
(aa)
if the determination is being made for the purposes of section
269TG
-
the size of the dumping margin, or of each of the dumping margins, worked out in respect of goods of that kind that have been exported to Australia and dumped; and
(ab)
if the determination is being made for the purposes of section
269TJ
-
particulars of any countervailable subsidy received in respect of goods of that kind that have been exported to Australia; and
(a)
the quantity of goods of that kind that, during a particular period, have been or are likely to be exported to Australia from the country of export; and
(b)
any increase or likely increase, during a particular period, in the quantity of goods of that kind exported to Australia from the country of export; and
(c)
any change or likely change, during a particular period, in the proportion that:
(i)
the quantity of goods of that kind exported to Australia from the country of export and sold or consumed in Australia; or
(ii)
the quantity of goods of that kind, or like goods, produced or manufactured in the Australian industry and sold or consumed in Australia;
bears to the quantity of goods of that kind, or like goods, sold or consumed in Australia; and
(d)
the export price that has been or is likely to be paid by importers for goods of that kind exported to Australia from the country of export; and
(e)
the difference between:
(i)
the price that has been or is likely to be paid for goods of that kind, or like goods, produced or manufactured in the Australian industry and sold in Australia; and
(ii)
the price that has been or is likely to be paid for goods of that kind exported to Australia from the country of export and sold in Australia; and
(f)
the effect that the exportation of goods of that kind to Australia from the country of export in those circumstances has had or is likely to have on the price paid for goods of that kind, or like goods, produced or manufactured in the Australian industry and sold in Australia; and
(g)
any effect that the exportation of goods of that kind to Australia from the country of export in those circumstances has had or is likely to have on the relevant economic factors in relation to the Australian industry; and
(h)
if the determination is being made for the purposes of section 269TJ and the goods are agricultural products
-
whether the exportation of goods of that kind to Australia from the country of export in those circumstances has given or is likely to give rise to a need for financial or other support, or an increase in financial or other support, for the Australian industry from the Commonwealth Government.
History
S 269TAE(1) amended by No 196 of 2012, s 3 and Sch 1 item 6, applicable in relation to investigations that are initiated, or to reviews or inquiries that begin, on or after 11 June 2013.
S 269TAE(1) amended by No 123 of 2011, s 3 and Sch 1 item 6, applicable in relation to an application lodged on or after 24 October 2011.
S 269TAE(1) amended by No 150 of 1994, s 12(a)-(c), effective 1 January 1995.
S 269TAE(1) inserted by No 174 of 1989, s 13, effective 21 December 1989.
269TAE(2)
[To third country]
In determining, for the purposes of section
269TH
or
269TK
, whether material injury to an industry in a third country has been or is being caused or is threatened or would or might have been caused because of any circumstances in relation to the exportation of goods to Australia from the country of export, the Minister may, without limiting the generality of that section but subject to subsections (2A) to (2C) have regard to:
(aa)
if the determination is being made for the purposes of section
269TH
-
the size of the dumping margin, or of each of the dumping margins, worked out in respect of goods of that kind that have been exported to Australia and dumped; and
(ab)
if the determination is being made for the purposes of section
269TK
-
particulars of any countervailable subsidy received in respect of goods of that kind that have been exported to Australia; and
(a)
the quantity of goods of that kind that, during a particular period, have been or are likely to be exported to Australia from the country of export; and
(b)
any increase or likely increase, during a particular period, in the quantity of goods of that kind exported to Australia from the country of export; and
(c)
any change or likely change, during a particular period, in the proportion that:
(i)
the quantity of goods of that kind exported to Australia from the country of export and sold or consumed in Australia; or
(ii)
the quantity of goods of that kind, or like goods, produced or manufactured in the third country and sold or consumed in Australia;
bears to the quantity of goods of that kind, or like goods, sold or consumed in Australia; and
(d)
the export price that has been or is likely to be paid by importers for goods of that kind exported to Australia from the country of export; and
(e)
the difference between:
(i)
the price that has been or is likely to be paid for goods of that kind, or like goods, produced or manufactured in the third country and sold in Australia; and
(ii)
the price that has been or is likely to be paid for goods of that kind exported to Australia from the country of export and sold in Australia; and
(f)
the effect that the exportation of goods of that kind to Australia from the country of export in those circumstances has had or is likely to have on the price paid for goods of that kind, or like goods, produced or manufactured in the third country and sold in Australia; and
(g)
any effect that the exportation of goods of that kind to Australia from the country of export in those circumstances has had or is likely to have on the relevant economic factors in relation to the producer or manufacturer in the third country.
History
S 269TAE(2) amended by No 196 of 2012, s 3 and Sch 1 item 6, applicable in relation to investigations that are initiated, or to reviews or inquiries that begin, on or after 11 June 2013.
S 269TAE(2) amended by No 123 of 2011, s 3 and Sch 1 item 6, applicable in relation to an application lodged on or after 24 October 2011.
S 269TAE(2) amended by No 150 of 1994, s 12(d)-(g), effective 1 January 1995.
S 269TAE(2) inserted by No 174 of 1989, s 13, effective 21 December 1989.
269TAE(2A)
[Injury or hindrance to injury]
In making a determination in relation to the exportation of goods to Australia for the purposes referred to in subsection (1) or (2), the Minister must consider whether any injury to an industry, or hindrance to the establishment of an industry, is being caused or threatened by a factor other than the exportation of those goods such as:
(a)
the volume and prices of imported like goods that are not dumped; or
(b)
the volume and prices of importations of like goods that are not subsidised; or
(c)
contractions in demand or changes in patterns of consumption; or
(d)
restrictive trade practices of, and competition between, foreign and Australian producers of like goods; or
(e)
developments in technology; or
(f)
the export performance and productivity of the Australian industry;
and any such injury or hindrance must not be attributed to the exportation of those goods.
History
S 269TAE(2A) inserted by No 150 of 1994, s 12(h), effective 1 January 1995.
269TAE(2AA)
A determination for the purposes of subsection (1) or (2) must be based on facts and not merely on allegations, conjecture or remote possibilities.
History
S 269TAE(2AA) inserted by No 196 of 2012, s 3 and Sch 1 item 7, applicable in relation to investigations that are initiated, or to reviews or inquiries that begin, on or after 11 June 2013.
269TAE(2B)
[Foreseeable and imminent injury]
In determining:
(a)
for the purposes of subsection (1), whether or not material injury is threatened to an Australian industry; or
(b)
for the purposes of subsection (2), whether or not material injury is threatened to an industry in a third country;
because of the exportation of goods into the Australian market, the Minister must take account only of such changes in circumstances, including changes of a kind determined by the Minister, as would make that injury foreseeable and imminent unless dumping or countervailing measures were imposed.
History
S 269TAE(2B) inserted by No 150 of 1994, s 12(h), effective 1 January 1995.
269TAE(2C)
[Cumulative effect]
In determining, for the purposes referred to in subsection (1) or (2), the effect of the exportations of goods to Australia from different countries of export, the Minister should consider the cumulative effect of those exportations only if the Minister is satisfied that:
(a)
each of those exportations is the subject of an investigation; and
(b)
either:
(i)
all the investigations of those exportations resulted from applications under section
269TB
lodged with the Commissioner on the same day; or
(ii)
the investigations of those exportations resulted from applications under section
269TB
lodged with the Commissioner on different days but the investigation periods for all the investigations of those exportations overlap significantly; and
(c)
if the determination is being made for the purposes of section
269TG
or
269TH
-
the dumping margin worked out under section
269TACB
for the exporter for each of the exportations is at least 2% of the export price or weighted average of export prices used to establish that dumping margin; and
(d)
if the determination is being made for the purposes of section
269TG
or
269TH
-
for each application, the volume of goods the subject of the application that have been, or may be, exported to Australia over a reasonable examination period (as defined in subsection
269TDA(17)
) from the country of export and dumped is not taken to be negligible for the purposes of subsection
269TDA(3)
because of subsection
269TDA(4)
; and
(da)
if the determination is being made for the purposes of section
269TJ
or
269TK
:
(i)
the amount of the countervailable subsidy in respect of the goods the subject of each of the exportations exceeds the negligible level of countervailable subsidy worked out under subsection
269TDA(16)
; and
(ii)
the volume of each of those exportations is not negligible; and
(e)
it is appropriate to consider the cumulative effect of those exportations, having regard to:
(i)
the conditions of competition between those goods; and
(ii)
the conditions of competition between those goods and like goods that are domestically produced.
History
S 269TAE(2C) amended by No 139 of 2013, s 3 and Sch 1 item 13, effective 27 March 2014.
S 269TAE(2C) amended by No 196 of 2012, s 3 and Sch 1 item 8, applicable in relation to investigations that are initiated, or to reviews or inquiries that begin, on or after 11 June 2013.
S 269TAE(2C) amended by No 196 of 2012, s 3 and Sch 4 items 2 and 3, effective 13 December 2012.
S 269TAE(2C) substituted by No 119 of 2003, s 3, Sch 1, Pt 2, item 9, effective 4 December 2003.
S 269TAE(2C) inserted by No 150 of 1994, s 12(h), effective 1 January 1995.
269TAE(3)
[Relevant economic factors]
A reference in subsection (1) or (2) to the relevant economic factors in relation to an Australian industry, or in relation to an industry in a third country, in relation to goods of a particular kind exported to Australia is a reference to:
(a)
the quantity of goods of that kind, or like goods, produced or manufactured in the industry; and
(b)
the degree of utilization of the capacity of the industry to produce or manufacture goods of that kind, or like goods; and
(c)
the quantity of goods of that kind, or like goods, produced or manufactured in the industry:
(i)
for which there are sales or forward orders; or
(ii)
which are held as stocks; and
(d)
the value of sales of, or forward orders for, goods of that kind, or like goods, produced or manufactured in the industry; and
(e)
the level of profits earned in the industry, that are attributable to the production or manufacture of goods of that kind, or like goods; and
(f)
the level of return on investment in the industry; and
(g)
cash flow in the industry; and
(h)
the number of persons employed, and the level of wages paid to persons employed, in the industry in relation to the production or manufacture of goods of that kind, or like goods; and
(ha)
the terms and conditions of employment (including the number of hours worked) of persons employed in the industry in relation to the production or manufacture of goods of that kind, or like goods; and
(j)
the share of the market in Australia for goods of that kind, or like goods, that is held by goods of that kind, or like goods, produced or manufactured in the industry; and
(k)
the ability of persons engaged in the industry, to raise capital in relation to the production or manufacture of goods of that kind, or like goods; and
(m)
investment in the industry.
History
S 269TAE(3) amended by No 123 of 2011, s 3 and Sch 1 item 7, applicable in relation to an application lodged on or after 24 October 2011.
S 269TAE(3) amended by No 150 of 1994, s 12(i)-(m), effective 1 January 1995.
S 269TAE(3) inserted by No 174 of 1989, s 13, effective 21 December 1989.
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