Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p34
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 85235–88353

published in the Gazette" and substituting "public notice";

(j) by omitting paragraph (4)(e) and substituting the following paragraph:

   "(e) in respect of which a countervailable subsidy is received.";

(k) by omitting from subsection (5) "notice published in the Gazette" and substituting "public notice";

  (l) by omitting from subsection (7) all the words after "other than the" and substituting "receipt of a countervailable subsidy in respect of those goods";

   (m) by omitting paragraph (11)(a) and substituting the following paragraph:

       "(a) the amount of countervailable subsidy that the Minister ascertained, at the time of publication of the notice, had been or would be received in respect of the goods to which the notice relates; and";

    (n) by omitting paragraph (12)(a) and substituting the following paragraph:

        "(a) the amount of any countervailable subsidy received in respect of goods to which a declaration under subsection (1) or (2) relates; or";

     (o) by omitting from subsection (12) ", bounty, reduction or remission of freight or other financial assistance" (second occurring);

     (p) by inserting in paragraph (12)(c) "in accordance with subsection 269ZI(9)," before "the Minister".

Concurrent dumping and subsidy

  23. Section 269TJA of the Principal Act is amended:

    (a) by omitting paragraph (1)(b) and substituting the following paragraph:

        "(b) that a countervailable subsidy has been received in respect of the goods; and";

    (b) by omitting paragraph (2)(b) and substituting the following paragraph:

     "(b) that a countervailable subsidy:

            (i) has been received in respect of goods the subject of the application that have already been exported to Australia; and

            (ii) may be received in respect of like goods that may be exported to Australia in the future; and";

    (c) by omitting from subsection (3) "the Minister may suspend consideration of the consignment under both of those sections" and substituting "the Minister may defer the decision to publish or not to publish notices under both of those sections covering the exporter concerned";

  (d) by omitting subsection (5).

Third country countervailing duties

  24. Section 269TK of the Principal Act is amended:

    (a) by omitting paragraph (1)(a) and substituting the following paragraph:

        "(a) a countervailable subsidy has been received in respect of the goods; and";

    (b) by omitting from paragraph (1)(b) "a producer or manufacturer in a third country" (wherever occurring) and substituting "an industry in a third country engaged in the production or manufacture";

     (c) by omitting from subsection (1) "notice published in the Gazette" and substituting "public notice";

     (d) by omitting paragraph (2)(a) and substituting the following paragraph:

     "(a) a countervailable subsidy:

            (i) has been received in respect of goods the subject of the application that have already been exported to Australia; and

            (ii) may be received in respect of like goods that may be exported to Australia