Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p35
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 88093–91056

"(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 in the future; and";

     (e) by omitting from paragraph (2)(b) "a producer or manufacturer in a third country" and substituting "an industry in a third country engaged in the production";

     (f) by omitting from subsection (2) "notice published in the Gazette" and substituting "public notice";

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

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

     (h) by omitting paragraph (5)(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";

     (i) by omitting paragraph (6)(a) and substituting the following paragraph:

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

     (j) by omitting from subsection (6)", bounty, reduction or remission of freight or other financial assistance" (second occurring);

     (k) by inserting in paragraph (6)(c) "in accordance with subsection 269ZI(9)," before "the Minister".

Minister to give public notice not to impose duty

  25. Section 269TL of the Principal Act is amended:

     (a) by omitting "shall, by notice published in the Gazette, state that he or she has so decided" and substituting "must give public notice to that effect";

     (b) by adding at the end the following subsection:

     "(2) If the Minister receives a report from the Authority recommending the termination of an inquiry so far as a particular exporter is concerned and the Minister decides, having regard to that recommendation, not to declare goods exported to Australia by that exporter to be goods to which section 8, 9, 10 or 11 of the Anti-Dumping Act applies, the Minister must give public notice to that effect.".

Retrospective notices

  26. Section 269TN of the Principal Act is amended:

  (a) by inserting after subsection (4) the following subsection:

     "(4A) Before the Minister decides to publish a dumping duty notice under subsection 269TG(1) in circumstances referred to in subsection (3) of this section, in respect of goods that have already been entered for home consumption, the Minister must:

        (a) inform the importer of the goods of the decision he or she proposes to make; and

        (b) allow a reasonable opportunity for the importer of the goods to comment on the proposed decision; and

      (c) give consideration to the comment provided by the importer.";

     (b) by omitting paragraph (5)(b) and substituting the following