Document ID: chunk:federal_register_of_legislation:C2004A04498:body:0:p14
Version: federal_register_of_legislation:C2004A04498
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Character Range: 35326–38257

or

          (ii) that are published by the Minister on or after that day but that apply to goods entered for home consumption before that day; and

     (b) in relation to all securities taken, and duty imposed, as a result of, or of applications for, those notices;

as if those amendments had not been made.

PART 3—AMENDMENTS OF THE ANTI-DUMPING AUTHORITY ACT 1988

Principal Act

18. In this Part, "Principal Act" means the Anti-Dumping Authority Act 19882.

Insertion of new section

19. After section 8A of the Principal Act the following section is inserted:

Review of negative preliminary decision under section 269X

  "8B.(1) If:

    (a)     an application is made under section 269V of the Customs Act requesting an assessment of duty on goods entered for home consumption during a particular importation period; and

    (b)     the Comptroller has made a negative preliminary decision in relation to the application; and

    (c)     the applicant refers the negative preliminary decision to the Authority for review;

the Authority must, after reviewing the decision and within 90 days after the decision is referred to it:

  (d)     confirm the recommendation to which the decision related; or

    (e)     revoke the recommendation and substitute any other recommendation that the Comptroller might have made;

and must, by notice in writing, inform the applicant and the Comptroller accordingly.

"(2) In conducting a review, the Authority must only have regard to that information to which the Comptroller had regard in making the negative preliminary decision in respect of which the review is sought.

"(3) The Authority must, as soon as practicable but not later than 7 days after deciding whether to confirm the recommendation of the Comptroller or to revoke the recommendation and substitute another recommendation, recommend to the Minister that the Minister give effect to the recommendation as so confirmed or as so substituted.".

Transitional

20. Despite the amendments of the Principal Act made by this Act, the provisions of the Principal Act as in force immediately before the day of commencement of the provisions referred to in subsection 2(3) of this Act continue to apply in relation to dumping duty notices or countervailing duty notices:

  (a)     that are published by the Minister before that day; or

    (b)     that are published by the Minister on or after that day but that apply to goods entered for home consumption before that day;

as if those amendments had not been made.

SCHEDULE Section 16

           CONSEQUENTIAL, MINOR AND TECHNICAL AMENDMENTS OF THE CUSTOMS ACT 1901

Subsection 9(4):

  Omit "10(5) or 11(5)", substitute "10(3B), 10(5) or 11(4)".

Subsection 42(1B):

  Insert "interim" before "duty that may be payable".

Subsection 42(1C):

  Insert "interim" before "duty that may be payable".

Subsection 45(2):

  Insert "interim" before "duty that may become