Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 5A - Anti-circumvention inquiries  

SECTION 269ZDBF   STATEMENT OF ESSENTIAL FACTS IN RELATION TO CONDUCT OF AN ANTI-CIRCUMVENTION INQUIRY  

269ZDBF(1)  


If the Commissioner publishes a notice under subsection 269ZDBE(4) or (5) about the conduct of an anti-circumvention inquiry in relation to an original notice and subparagraph 269ZDBE(6)(d)(i) applies, the Commissioner must:


(a) within 110 days after the publication of the notice under subsection 269ZDBE(4) or (5) ; or


(b) within such longer period as the Minister allows under section 269ZHI ;

place on the public record a statement of the facts (the statement of essential facts ) on which the Commissioner proposes to base a recommendation to the Minister in relation to the original notice.

Note:

For original notice , see section 269ZDBC .

269ZDBF(2)  
In formulating the statement of essential facts, the Commissioner:


(a) must have regard to:


(i) the application or request; and

(ii) any submissions concerning the inquiry that are received by the Commissioner within 37 days after the publication of the notice under subsection 269ZDBE(4) or (5) ; and


(b) may have regard to any other matters that the Commissioner considers relevant.

Late submissions

269ZDBF(3)  


The Commissioner is not obliged to have regard to a submission concerning the inquiry that is received by the Commissioner after the end of the period referred to in subparagraph (2)(a)(ii) if to do so would, in the Commissioner ' s opinion, prevent the timely placement of the statement of essential facts on the public record.



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