Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 9 - Review by Review Panel  

Subdivision B - Review of Ministerial decisions  

SECTION 269ZZK   THE REVIEW  

269ZZK(1)  


If an application is not rejected under section 269ZZG , 269ZZH or 269ZZHA , the Review Panel must make a report to the Minister on the application by:


(a) recommending that the Minister affirm the reviewable decision; or


(b) recommending that the Minister revoke the reviewable decision and substitute a specified new decision.

269ZZK(1A)  


For a reviewable decision referred to in paragraph 269ZZA(1)(a) , (c), (ca) or (d), the Review Panel may make a recommendation referred to in paragraph (1)(b) of this section only if the new decision is materially different from the reviewable decision.

269ZZK(2)  
A report under subsection (1) must set out the reasons for the Review Panel ' s recommendation.

269ZZK(3)  
A report under subsection (1) must be made:


(a) at least 30 days after the public notification of the review under section 269ZZI ; but


(b) before the end of:


(i) unless subparagraph (ii) applies - the period of 60 days beginning on the day of that notification, or such longer period allowed by the Minister in writing because of special circumstances; or

(ii) if the Review Panel gives the Commissioner a notice under subsection 269ZZL(1) - the period of 30 days beginning on the day the Commissioner gives the Panel the report under subsection 269ZZL(2) .

269ZZK(4)  


Subject to subsections (4A) and (5) and subsection 269ZZHA(2) , in making the recommendation, the Review Panel:


(a) must not have regard to any information other than the relevant information; and


(b) must only have regard to the relevant information and any conclusions based on the relevant information that are contained in the application for the review or in any submissions received under section 269ZZJ within the period of 30 days referred to in that section.

269ZZK(4A)  
If the Review Panel gives the Commissioner a notice under subsection 269ZZL(1) , then, in making the recommendation, the Review Panel must have regard to the report the Commissioner gives the Panel under subsection 269ZZL(2) .

269ZZK(5)  
The Review Panel must not have regard to a submission under subsection (4) if:


(a) the person giving the submission claims that information included in it is confidential or is information whose publication would adversely affect a person ' s business or commercial interest; and


(b) the person fails to give a summary of that information to the Review Panel in accordance with section 269ZZY .

269ZZK(6)  


In this section:

relevant information
means:


(a) if the reviewable decision was made pursuant to an application under section 269TB - the information to which the Commissioner had had regard or was, under paragraph 269TEA(3)(a) , required to have regard, when making the findings set out in the report under section 269TEA to the Minister in relation to the making of the reviewable decision; and


(b) if the reviewable decision was made pursuant to an investigation initiated by the Minister as mentioned in section 269TAG - the information:


(i) that was collected for the purposes of that investigation in accordance with the Minister ' s requirements; and

(ii) that was before the Minister when the Minister made the reviewable decision; and


(c) if the reviewable decision was made because of an application under subsection 269ZA(1) or a request under subsection 269ZA(3) - the information the Commissioner had regard to, or was, under paragraph 269ZDA(3)(a) , required to have regard to, when making the findings set out in the report under section 269ZDA to the Minister in relation to the making of the reviewable decision; and


(ca) if the reviewable decision was made because of an application under subsection 269ZDBC(1) or a request under subsection 269ZDBC(2) - the information the Commissioner had regard to, or was, under paragraph 269ZDBG(2)(a) or (aa) , required to have regard to, when making the findings set out in the report under section 269ZDBG to the Minister in relation to the making of the reviewable decision; and


(d) if the reviewable decision was made because of an application under section 269ZHB - the information the Commissioner had regard to, or was, under paragraph 269ZHF(3)(a) , required to have regard to, when making the findings set out in the report under section 269ZHF to the Minister in relation to the making of the reviewable decision.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.