Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p28
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 69766–72619

total volume of all goods the subject of the application and like goods that have been, or may be, exported to Australia from all countries during that period.".

Reviews by Authority

  19. Section 269TF of the Principal Act is amended:

     (a) by adding at the end of subsection (1) the following word and paragraph:

           "; or (c) a decision by the Comptroller under section 269TDA to terminate an investigation so far as it relates to a particular exporter or country of export.";

     (b) by omitting from subsection (2) "a notice in the Gazette and in a newspaper as required under subsection 269TC(4)" and substituting "a public notice of the substituted decision";

  (c) by adding at the end the following subsections:

     "(4) If the Authority decides, on a review of a decision to terminate an investigation, to substitute a preliminary finding for the decision to terminate:

        (a) this Act has effect, subject to paragraphs (b), (c) and (d), as if the substituted finding were a preliminary finding of the Comptroller; and

        (b) the Comptroller must publish a public notice of the substituted finding; and

        (c) if the substituted finding is a preliminary finding that there are sufficient grounds for publication of a dumping duty notice or a countervailing duty notice, the substituted finding is to be treated as if it had been duly referred to the Authority under paragraph 269TD(2)(b); and

        (d) if the substituted finding is a preliminary finding that there are sufficient grounds for the publication of such a notice, the Comptroller may exercise the powers specified in paragraph 269TD(2)(c).

     "(5) If the investigation is remitted to the Comptroller, the Comptroller must, for the purpose of the further investigation of that exporter, treat the matter as if he or she had just made a decision under subsection 269TC(4) in respect of the matter and give public notice of a new investigation of the matter accordingly.

    "(6) For the purpose of any investigation of a matter remitted to the Comptroller, an interested party may request the Comptroller to treat a submission duly made by it in the prior investigation of the matter as a submission made for the purposes of the remitted matter and, where the party does so, the submission must be treated as if duly received for the purpose of the further investigation.".

Dumping duties

  20. Section 269TG of the Principal Act is amended:

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

    (b) by omitting from subsection (2) "notice published in the Gazette" and substituting "public notice";

    (c) by inserting in paragraph (3A)(a) "in accordance with subsection 269ZI(9)", before "the Minister";

    (d) by omitting subsections (4), (4A) and (5) and substituting