Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p7
Version: federal_register_of_legislation:C2004A04823
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Character Range: 15987–18867

the purposes of paragraph 269TAB(1)(b) or (c), subsection 269TAB(3), paragraph

     269TAC(2)(c) or (4)(e) or subsection 269TAC(6), treated as being involved in a particular transaction are taken to be actually involved in the transaction.".

Insertion of new sections

8. After section 269TAAA of the Principal Act, the following sections are inserted:

Member countries, developing countries and special developing countries

"269TAAB.(1) The Minister may certify that a particular country is, or was, during a specified period or on a specified day:

  (a) a member country of the World Trade Organization; or

  (b) a developing country, whether a member country or not; or

  (c) a special developing country within the meaning of subsection (2).

"(2) For the purposes of subsection (1), a country is, or was, during a specified period or on a specified day, a special developing country if:

  (a) it is or was, during that period or on that day, a developing country; and

  (b) it is or was, during that period or on that day:

        (i) a least developed country, whether a member country or not; or

        (ii) a member country that has eliminated and not restored export subsidies; or

        (iii) a member country referred to in paragraph (b) of Annex VII of the Agreement on Subsidies and Countervailing Measures having a gross national product of less than $US1,000 per annum per head of population.

"(3) For all purposes of this Part and in all proceedings, a certificate under subsection (1) is conclusive evidence of the matters certified, except so far as the contrary is established.

Definition—countervailable subsidy

"269TAAC.(1) For the purposes of this Part, a subsidy is a countervailable subsidy if:

  (a) it is specific; and

  (b) it is not an excluded subsidy.

"(2) Without limiting the generality of the circumstances in which a subsidy is specific, a subsidy is specific:

     (a) if, subject to subsection (3), access to the subsidy is explicitly limited to particular enterprises; or

     (b) if, subject to subsection (3), access is limited to particular enterprises carrying on business within a designated geographical region that is within the jurisdiction of the subsidising authority; or

     (c) if the subsidy is contingent, in fact or in law, and whether solely or as one of several conditions, on export performance; or

     (d) if the subsidy is contingent, whether solely or as one of several conditions, on the use of domestically produced or manufactured goods in preference to imported goods.

"(3) Subject to subsection (4), a subsidy is not specific if access to the subsidy:

     (a) is established by objective criteria or conditions set out in primary or subordinate legislation or other official documents that are capable of verification; and

     (b) those criteria or conditions do not favour particular