Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p16
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 38979–41860

of goods to Australia from the country of export, the Minister may, without limiting the generality of that section but subject to subsections (2A), (2B) and (2C)";

   (b) by inserting in subsection (1), before paragraph (a), the following paragraphs:

        "(aa) if the determination is being made for the purposes of section 269TG—the size of the dumping margin, or of each of the dumping margins, worked out in respect of goods of that kind that have been exported to Australia and dumped; and

        (ab) if the determination is being made for the purposes of section 269TJ—particulars of any countervailable subsidy received in respect of goods of that kind that have been exported to Australia; and";

   (c) by omitting from paragraph (1)(h) "in a case where" and substituting "if";

   (d) by omitting from subsection (2) "a producer or manufacturer" and substituting "an industry";

   (e) by omitting from subsection (2) "by reason of any circumstances in relation to the exportation of goods to Australia from another country (in this subsection called the 'country of export'), the Minister may, without limiting the generality of that section" and substituting "because of any circumstances in relation to the exportation of goods to Australia from the country of export, the Minister may, without limiting the generality of that section but subject to subsections (2A), (2B) and (2C)";

   (f) by inserting in subsection (2), before paragraph (a), the following paragraphs:

        "(aa) if the determination is being made for the purposes of section 269TH—the size of the dumping margin, or of each of the dumping margins, worked out in respect of goods of that kind that have been exported to Australia and dumped; and

        (ab) if the determination is being made for the purposes of section 269TK—particulars of any countervailable subsidy received in respect of goods of that kind that have been exported to Australia; and";

  (g) by omitting from subsection (2) "by the producer or manufacturer" (wherever occurring);

  (h) by inserting after subsection (2) the following subsections:

   "(2A) In making a determination in relation to the exportation of goods to Australia for the purposes referred to in subsection (1) or (2), the Minister must consider whether any injury to an industry, or hindrance to the establishment of an industry, is being caused or threatened by a factor other than the exportation of those goods such as:

      (a) the volume and prices of imported like goods that are not dumped; or

      (b) the volume and prices of importations of like goods that are not subsidised; or

    (c) contractions in demand or changes in patterns of consumption; or

      (d) restrictive trade practices of, and competition between, foreign and Australian producers of like goods; or

    (e) developments in technology; or

      (f)