Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 1 - Definitions and role of Minister  

SECTION 269TAAC   DEFINITION - COUNTERVAILABLE SUBSIDY  

269TAAC(1)  


For the purposes of this Part, a subsidy is a countervailable subsidy if it is specific.

269TAAC(2)   [Subsidy is specific]  

Without limiting the generality of the circumstances in which a subsidy is specific, a subsidy is specific:


(a) if, subject to subsection (3), access to the subsidy is explicitly limited to particular enterprises; or


(b) if, subject to subsection (3), access is limited to particular enterprises carrying on business within a designated geographical region that is within the jurisdiction of the subsidising authority; or


(c) if the subsidy is contingent, in fact or in law, and whether solely or as one of several conditions, on export performance; or


(d) if the subsidy is contingent, whether solely or as one of several conditions, on the use of domestically produced or manufactured goods in preference to imported goods.

269TAAC(3)   [Subsidy is not specific]  

Subject to subsection (4), a subsidy is not specific if:


(a) eligibility for, and the amount of, the subsidy are established by objective criteria or conditions set out in primary or subordinate legislation or other official documents that are capable of verification; and


(b) eligibility for the subsidy is automatic; and


(c) those criteria or conditions are neutral, do not favour particular enterprises over others, are economic in nature and are horizontal in application; and


(d) those criteria or conditions are strictly adhered to in the administration of the subsidy.

269TAAC(4)   [Minister ' s determination]  

The Minister may, having regard to:


(a) the fact that the subsidy program benefits a limited number of particular enterprises; or


(b) the fact that the subsidy program predominantly benefits particular enterprises; or


(c) the fact that particular enterprises have access to disproportionately large amounts of the subsidy; or


(d) the manner in which a discretion to grant access to the subsidy has been exercised;

determine that the subsidy is specific.

269TAAC(5)   [Factors to consider]  

In making a determination under subsection (4), the Minister must take account of:


(a) the extent of diversification of economic activities within the jurisdiction of the subsidising authority; and


(b) the length of time during which the subsidy program has been in operation.

269TAAC(6)  
(Repealed by No 123 of 2011)




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