Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p25
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
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Character Range: 60384–63212

consignment under section 269TJ.

"(4) If, in respect of the same consignment of goods, the Minister accepts 2 undertakings from the exporter of the goods or an undertaking from the exporter of the goods and an undertaking from the government of the country of origin or country of export of the goods, the Minister must be satisfied that the combined effect of the undertakings is not greater than is necessary to prevent material injury or the recurrence of material injury to an Australian industry producing like goods or to remove the actual or possible hindrance to the establishment of such an Australian industry.

  "(5) In this section:

'subsidy', in relation to goods, means an amount per unit of the goods that has been paid or granted, directly or indirectly, in the country of origin or the country of export of those goods, on the production, manufacture, carriage or export of the goods by way of subsidy, bounty, reduction or remission of freight or other financial assistance.".

Review of decisions

  19.(1) Section 273GA of the Principal Act is amended:

    (a) by omitting paragraphs (1)(m) and (n) and substituting the following paragraphs:

          "(m) a decision of the Comptroller under paragraph 269H(1)(b);

       (n) a decision of the Comptroller under subsection 269P(1);

       (o) a decision of the Comptroller under subsection 269Q(1);

         (p) a decision of the Comptroller under subsection 269SA(1) or (2);

       (q) a decision of the Comptroller under subsection 269SC(1);

        (r) a decision of the Comptroller under subsection 269SC(4);

          (s) a decision by the Comptroller under subsection 269SD(1) or (2).";

  (b) by inserting after subsection (6) the following subsection:

     "(6A) An application may not be made to the Tribunal in respect of a decision referred to in paragraph (1)(n), (o), (q) or (r) unless:

        (a)     the decision has already been the subject of an application for reconsideration under section 269SH; and

        (b)     the person who makes the application to the Tribunal is an affected person within the meaning of that section who is adversely affected by the decision on the reconsideration.".

(2) Despite the repeal of Part XVA of the Principal Act and of paragraphs 273GA(1)(m) and (n) of that Act, a person may apply to

the Administrative Appeals Tribunal for review of a decision referred to in one or other of those paragraphs:

  (a)     that was made under that Part before its repeal; or

    (b)     that is taken to have been so made under that Part on or after its repeal;

and any review already applied for may continue as if that Part and those paragraphs had not been repealed.

Transitional

20.(1) Despite its repeal by section 10 of this Act, Part XVA of the Principal Act continues in force in relation