Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 5A - Anti-circumvention inquiries  

SECTION 269ZDBH   MINISTER ' S POWERS IN RELATION TO ANTI-CIRCUMVENTION INQUIRY  

Minister ' s decision

269ZDBH(1)  
After considering the report of the Commissioner and any other information that the Minister considers relevant, the Minister must declare, by notice published in accordance with subsection (9), that for the purposes of this Act and the Dumping Duty Act:


(a) the original notice is to remain unaltered; or


(b) the alterations specified in the declaration are taken to have been made to the original notice, with effect on and after a day specified in the declaration.

Note:

For original notice , see section 269ZDBC .

269ZDBH(2)  
Without limiting subsection (1), the alterations may be of the following kind:


(a) the specification of different goods that are to be the subject of the original notice;


(b) the specification of different foreign countries that are to be the subject of the original notice;


(c) the specification of different exporters that are to be the subject of the original notice;


(d) in relation to existing exporters that are the subject of the original notice - the specification of different variable factors in respect of one or more of those exporters;


(e) in relation to exporters that are to be the subject of the original notice - the specification of variable factors in respect of those exporters. Timing of decision

269ZDBH(3)  
The Minister must make a declaration under subsection (1) within:


(a) 30 days after receiving the report; or


(b) if the Minister considers there are special circumstances that prevent the declaration being made within that period - such longer period as the Minister considers appropriate.

269ZDBH(4)  
If paragraph (3)(b) applies, the Minister must give public notice of the longer period. Declaration has effect according to its terms

269ZDBH(5)  
If the Minister makes a declaration under subsection (1), that declaration has effect according to its terms. Notification of declaration

269ZDBH(6)  
The Minister must, as soon as practicable after the making of a declaration under subsection (1) that affects an exporter, inform that exporter of the terms of the declaration. Declaration may cover more than one exporter

269ZDBH(7)  
Nothing in this section is taken to imply that the Minister cannot simultaneously make the same declaration in relation to more than one exporter. When declaration takes effect

269ZDBH(8)  
A day specified in a declaration as mentioned in paragraph (1)(b) must not be earlier than the day of publication of the notice under subsection 269ZDBE(4) or (5) about the conduct of an anti-circumvention inquiry in relation to the original notice. Manner of publication

269ZDBH(9)  


A notice under subsection (1) must be published on the Anti-Dumping Commission ' s website.



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