Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p30
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 74868–77685

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.

  "(6) The Minister:

        (a) may give a notice under subsection (3D) whether or not the giving of such a notice has been recommended by the Authority in a report under section 7 of the Anti-Dumping Authority Act 1988; and

        (b) may accept an undertaking whether or not the acceptance of such an undertaking has been recommended by the Authority in a report under section 7 of that Act; and

        (c) must not give a notice to an exporter under subsection (3D), or accept an undertaking from an exporter, before a positive preliminary finding 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 Authority in relation to the matter.

     "(11) If the Minister determines under subsection (9) that he or she would have decided not to publish a dumping duty notice, the undertaking automatically lapses.".

Third country dumping duties

  21. Section 269TH of the Principal Act is amended:

    (a) by omitting from paragraph (1)(b) "a producer or manufacturer in a third country" (wherever occurring), and substituting "an industry in a third country engaged in the production or manufacture";

    (b) by omitting from subsection (1) "notice published in the Gazette" and substituting "public notice";

    (c) by omitting from paragraph (2)(b) "a producer or manufacturer