Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

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

SECTION 269U   INQUIRIES IN RELATION TO UNDERTAKINGS  

269U(1)  


Where the Minister is considering, in relation to goods the subject of an application under section 269TB :


(a) whether to give a notice, in accordance with subsection 269TG(3D) , to the exporter of the goods in the consignment in relation to an undertaking in relation to an Australian industry; or


(b) whether to give a notice, in accordance with subsection 269TJ(2A) , to the Government of the country of origin, or of the country of export, of the goods in the consignment or to the exporter of the goods in the consignment in relation to an undertaking in relation to an Australian industry,

the Commissioner may authorise a Commission staff member in writing to convene a meeting of representatives of the Australian industry for the purpose of obtaining information and submissions from those representatives in relation to the question what terms of undertaking should be set out in the notice, if it is to be given, as the terms that may be satisfactory to the Minister.

269U(2)  


A Commission staff member authorised under subsection (1) to convene a meeting of representatives of an Australian industry shall give notice in writing to such persons as, in his or her opinion, represent the Australian industry, setting out -


(a) the day, time and place for the convening of the meeting; and


(b) the question to be considered by the meeting.

269U(3)  


The Commission staff member convening a meeting in pursuance of subsection (2) -


(a) shall preside at the meeting; and


(b) may adjourn the meeting from time to time.

269U(4)  


At a meeting of representatives of an Australian industry convened in pursuance of subsection (2), the representatives attending the meeting may provide information, or make submissions, to the Commission staff member convening the meeting in relation to the question being considered by the meeting.

269U(5)  


Nothing in subsection (4) shall be taken to prevent a representative of an Australian industry who attends a meeting convened in pursuance of subsection (2) from providing information or making a submission, in relation to the question considered or to be considered at the meeting, to the Commission staff member convening the meeting otherwise than at the meeting or to the Minister.

269U(6)  


The Commission staff member convening a meeting in pursuance of subsection (2) may, subject to subsection (7), put before the meeting information in relation to the question being considered by the meeting.

269U(7)  


The Commission staff member convening a meeting in pursuance of subsection (2) shall not put before the meeting any information provided to him or her by another person that is information of a confidential nature (whether or not confidentiality was claimed in respect of the information by the person who provided the information).

269U(8)  


After the close of a meeting convened in pursuance of subsection (2), the Commission staff member convening the meeting shall furnish to the Commissioner for submission to the Minister a report in writing of the information provided and the submissions made at the meeting.

269U(9)  


Nothing in this section shall be taken, for the purposes of subsection 51(1) of the Competition and Consumer Act 2010 , to authorize any act or thing other than the providing of information or the making of a submission, at a meeting of representatives of an Australian industry convened in pursuance of subsection (2), by a representative of the Australian industry to the Commission staff member convening the meeting in relation to the question being considered by the meeting.



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