Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tae:p3
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TAE (pt 3/5)
Character Range: 1817765–1820363

Australia;
  bears to the quantity of goods of that kind, or like goods, sold or consumed in Australia; and
 (d) the export price that has been or is likely to be paid by importers for goods of that kind exported to Australia from the country of export; and
 (e) the difference between:
 (i) the price that has been or is likely to be paid for goods of that kind, or like goods, produced or manufactured in the third country and sold in Australia; and
 (ii) the price that has been or is likely to be paid for goods of that kind exported to Australia from the country of export and sold in Australia; and
 (f) the effect that the exportation of goods of that kind to Australia from the country of export in those circumstances has had or is likely to have on the price paid for goods of that kind, or like goods, produced or manufactured in the third country and sold in Australia; and
 (g) any effect that the exportation of goods of that kind to Australia from the country of export in those circumstances has had or is likely to have on the relevant economic factors in relation to the producer or manufacturer in the third country.
 (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) the export performance and productivity of the Australian industry;
and any such injury or hindrance must not be attributed to the exportation of those goods.
 (2AA) A determination for the purposes of subsection (1) or (2) must be based on facts and not merely on allegations, conjecture or remote possibilities.
 (2B) In determining:
 (a) for the purposes of subsection (1), whether or not material injury is threatened to an Australian industry; or
 (b) for the purposes of subsection (2), whether or not material injury is threatened to an industry in a third country;
because of the exportation of goods into the Australian market, the Minister must take account only of such changes in circumstances, including changes of a kind