Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tg:p3
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TG (pt 3/4)
Character Range: 1882521–1885260

goods; or
 (b) materially hindering the establishment of such an Australian industry.
 (5) In giving a notice, and in considering the terms of any proposed undertaking, the Minister must have regard to the desirability that any price increase to which the undertaking relates is limited to an amount such that the total price of the goods is not more than the non‑injurious price of the goods.
 (5A) However, subsection (5) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that either or both of the following apply in relation to the goods in the consignment:
 (a) the normal value of the goods was not ascertained under subsection 269TAC(1) because of the operation of subparagraph 269TAC(2)(a)(ii);
 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises.
 (6) The Minister:
 (a) may give a notice to an exporter under subsection (3D) whether or not the giving of such a notice has been recommended by the Commissioner in a report under section 269TEA; and
 (b) may accept an undertaking whether or not the acceptance of such an undertaking has been recommended by the Commissioner in a recommendation under section 269TEB; and
 (c) must not give a notice to an exporter under subsection (3D), or accept an undertaking from an exporter, before a preliminary affirmative determination, or an equivalent determination in an investigation conducted under section 269TAG, has been made that extends to that exporter; and
 (d) must give public notice of any undertaking so accepted.
 (7) The acceptance by the Minister of an undertaking may be subject to conditions that include, but are not limited to, conditions relating to:
 (a) giving the Minister, on an agreed basis, information that is relevant to the fulfilment of the undertaking; and
 (b) providing the Minister with appropriate access to such information.
 (8) The acceptance by the Minister of an undertaking from an exporter does not prevent the exporter requesting the Minister to determine whether, had the undertaking not been accepted, the Minister would have published a dumping duty notice or would have decided not to publish such a notice.
 (9) The Minister must, if an exporter makes such a request, and may, on his or her own initiative, determine whether he or she would have published a dumping duty notice or would have decided not to publish such a notice if the undertaking had not been accepted.
 (10) Subsection (9) does not imply that the Minister is required to make a determination under that subsection before the Minister has received a report of the Commissioner in relation to