Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p17
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 41578–44498

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.

    "(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 determined by the Minister, as would make that injury foreseeable and imminent unless dumping or countervailing measures were imposed.

  "(2C) In determining, for the purposes referred to in subsection (1) or (2), the effect of the exportation of like goods to Australia by different exporters from the same country of export or from different countries of export, the Minister should consider the cumulative effect of those exportations only if, having regard to:

    (a) the conditions of competition between those goods; and

      (b) the conditions of competition between those goods and like goods that are domestically produced;

     the Minister is satisfied that it is appropriate to do so.";

    (i) by omitting from subsection (3) "in relation to a producer or manufacturer" and substituting "in relation to an industry";

    (j) by omitting from subsection (3) "or by the producer or manufacturer" (wherever occurring);

    (k) by omitting from subsection (3) "or in the business of the producer or manufacturer" (wherever occurring);

    (l) by omitting from paragraph (3)(b) ", producer or manufacturer";

    (m) by omitting from paragraph (3)(k) ", or of the producer or manufacturer,".

Repeal of sections and substitution of new section

13. Sections 269TAF, 269TAG and 269TAH of the Principal Act are repealed and the following section is substituted:

Currency conversion

"269TAF.(1) If, for the purposes of this Part, comparison of the export prices of goods exported to Australia and corresponding normal values of like goods requires a conversion of currencies, that conversion, subject to subsection (2), is to be made using the rate of exchange on the date of the transaction or agreement that, in the opinion of the Minister, best establishes the material terms of the sale of the exported goods.

"(2) If, in relation to goods exported to Australia, a forward rate of exchange is used, the Minister may, in a conversion of currencies under subsection (1), make use of that rate of exchange.

  "(3)