Customs Act 1901

PART XVB - SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES  

Division 9 - Review by Review Panel  

Subdivision C - Review of Commissioner ' s decisions  

SECTION 269ZZQA   REJECTION OF APPLICATION - FAILURE TO ESTABLISH DECISION NOT THE CORRECT OR PREFERABLE DECISION ETC.  

269ZZQA(1)  


If one or more of the following apply:


(a) the Review Panel is not satisfied that an application sets out reasonable grounds for the reviewable decision not being the correct or preferable decision;


(b) the Review Panel is not satisfied that the grounds mentioned in paragraph 269ZZQ(1A)(a) support the making of the proposed decision (see paragraph 269ZZQ(1A)(b) );


(c) for a decision referred to in paragraph 269ZZN(c) - the Review Panel is not satisfied that the proposed decision (see paragraph 269ZZQ(1A)(b) ) is materially different from the reviewable decision;

the Review Panel may, by notice given to the applicant, request the applicant to give the Review Panel, within the period specified in the notice, further information in relation to those matters.

269ZZQA(2)  


The Review Panel may reject an application if at any time after the end of the 30-day period referred to in section 269ZZP :


(a) the Review Panel is not satisfied that the applicant has given the Review Panel information setting out reasonable grounds for the reviewable decision not being the correct or preferable decision; or


(b) the Review Panel is not satisfied that the grounds mentioned in paragraph 269ZZQ(1A)(a) support the making of the proposed decision (see paragraph 269ZZQ(1A)(b) ); or


(c) for a decision referred to in paragraph 269ZZN(c) - the Review Panel is not satisfied that the proposed decision (see paragraph 269ZZQ(1A)(b) ) is materially different from the reviewable decision.

269ZZQA(3)  
Subsection (2) applies whether or not a notice is given under subsection (1).

269ZZQA(4)  


Nothing in subsection (1) prevents the Review Panel from seeking further information from an applicant within the period specified in a notice under subsection (1).

269ZZQA(5)  


If:


(a) the Review Panel does not, under this Subdivision, reject an application; and


(b) in relation to information given by the applicant setting out the grounds for the reviewable decision not being the correct or preferable decision:


(i) the Review Panel is satisfied that one or more of those grounds (the reviewable grounds ) are reasonable grounds for the reviewable decision not being the correct or preferable decision; and

(ii) the Review Panel is satisfied that one or more of those grounds (the non-reviewable grounds ) are not reasonable grounds for the reviewable decision not being the correct or preferable decision;

then:


(c) the Review Panel must accept the reviewable grounds and must conduct the review in relation to those grounds and no other grounds; and


(d) the Review Panel must reject the non-reviewable grounds.




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