Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 3 - Consideration of anti-dumping matters by the Minister  

SECTION 269TM   PERIOD DURING WHICH CERTAIN NOTICES AND UNDERTAKINGS TO REMAIN IN FORCE  

269TM(1)  


Subject to subsection (1A), if a notice is published after section 17 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences under a relevant notification provision in respect of goods of a particular kind, that notice expires 5 years after the day on which it is published unless it is revoked before the end of that period.

269TM(1A)  


If:


(a) a notice (the original notice ) is published under a relevant notification provision in respect of goods of a particular kind; and


(b) in relation to the investigation that resulted in the publication of the original notice, the Minister accepted an undertaking under subsection 269TEB(5) or (6) that was proposed by a government of a country of export, or by an exporter, of goods of that kind; and


(c) before the end of the period of 5 years beginning on the day (the start day ) that the Minister accepted that undertaking:


(i) that government or exporter breaches that undertaking; and

(ii) the Minister, under subsection 269TEB(7) , takes steps to facilitate the resumption of the investigation in so far as it relates to goods of that kind exported from that country or exported by that exporter; and

(iii) another notice is published under a relevant notification provision in respect of goods of that kind exported from that country or exported by that exporter;

then the other notice expires 5 years after the start day unless it is revoked before the end of that period.

269TM(2)  
Where an undertaking is entered into after section 17 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences under a relevant undertaking provision in respect of goods of a particular kind, that undertaking expires 5 years after the day on which it was entered into unless provision is made for its earlier expiration.

269TM(3)  
If:


(a) a notice was or is published before section 17 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences; and


(b) the notice is in force immediately before the commencement of that section;

the notice expires 5 years after the day on which it was published unless it is sooner revoked.

269TM(3A)  
If:


(a) an undertaking was or is entered into before section 17 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences; and


(b) the undertaking is in force immediately before that section commences;

the Minister must, by notice in writing, give the person who gave the undertaking the opportunity, before the undertaking expires, to extend the undertaking so that it expires 5 years after the day on which it was entered into unless provision is made for its earlier expiration.

269TM(3B)  
If a person who gave an undertaking of the kind referred to in subsection (3A) refuses or fails to extend its operation in the manner referred to in subsection (3A) before the undertaking expires, the Minister may, in substitution for the extension of the undertaking, publish a dumping duty notice or a countervailing duty notice that commences on the day after the undertaking expired and ends 2 years after that day unless it is sooner revoked.

269TM(4)  
(Omitted by No 207 of 1992)

269TM(5)  
(Omitted by No 207 of 1992)

269TM(6)  
(Omitted by No 82 of 1991)

269TM(7)  
In this section:

"relevant notification provision"
means subsection 269TG(2) , 269TH(2) , 269TJ(2) , (4) , (5) or (6) or 269TK(2) ;

"relevant undertaking provision"
means subsection 269TG(4) or 269TJ(3) .




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