Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 2 - Consideration of anti-dumping matters by the Commissioner  

SECTION 269TE   COMMISSIONER TO HAVE REGARD TO SAME CONSIDERATIONS AS MINISTER  

269TE(1)   [Definitions]  

In this section:

decision
means:


(a) a decision of the Commissioner under section 269TC or 269TD ; or


(b) a decision contained in a report by the Commissioner under section 269ZZL .

recommendation
means:


(a) a recommendation included in a report prepared by the Commissioner under section 269TEA , 269ZDA , 269ZDBG , 269ZG or 269ZHF ; or


(b) a recommendation by the Commissioner to the Minister under section 269TEB or 269X .

269TE(2)   [Same manner and considerations as Minister]  

If the Commissioner is required, in making a recommendation or decision, to determine any matter ordinarily required to be determined by the Minister under this Act or the Dumping Duty Act, the Commissioner must determine the matter:


(a) in like manner as if he or she were the Minister; and


(b) having regard to the considerations to which the Minister would be required to have regard if the Minister were determining the matter.

269TE(3)   [Application]  

Subsection (2) applies in respect of goods that have not been imported into Australia at the time of the Commissioner ' s determination of a matter in respect of those goods as if:


(a) the Commissioner ' s determination of the matter were being made after an importation of those goods into Australia; and


(b) the importation had occurred at the time of the anticipated importation of those goods into Australia.

269TE(4)   [Power of Minister not affected]  

Nothing in this section implies that the determination of a matter by the Commissioner affects the power of the Minister to make a final determination in respect of that matter for the purposes of the Dumping Duty Act.




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