Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tn:p3
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TN (pt 3/4)
Character Range: 1915542–1918101

home consumption, security has been taken under section 42 in respect of any interim duty that might be payable on goods of the same kind under section 10 of the Dumping Duty Act or, within that period, the Commonwealth had the right to require and take such security; and
 (b) the Minister considers that material injury, which is difficult to repair, has been caused to an Australian industry by the export to Australia during a short period of large quantities of goods of the same kind because a countervailable subsidy has been received from the country of export or country of origin of those goods, and the Minister considers that the publication of the notice is necessary to prevent the recurrence of the injury.
 (6) Before the Minister decides to publish a countervailing duty notice under subsection 269TJ(1) in circumstances referred to in subsection (5) of this section, in respect of goods that have already been entered for home consumption, the Minister must:
 (a) inform the importer of the goods of the decision he or she proposes to make; and
 (b) allow a reasonable opportunity for the importer of the goods to comment on the proposed decision; and
 (c) give consideration to the comments provided by the importer.
 (7) Where:
 (a) the Minister is satisfied that an act or omission of the Government of a country that has given an undertaking in accordance with subsection 269TJ(3) is a violation of that undertaking; and
 (b) at the time of, or at any time after, that act or omission, security has been taken under section 42 in respect of any interim duty that might be payable under section 10 of the Dumping Duty Act on goods of the kind to which the undertaking relates or the Commonwealth had the right to require and take such security;
subsection (1) does not prevent the publication of a notice under subsection 269TJ(1) in respect of goods that:
 (c) are the produce or manufacture of that country or have been exported from that country, as the case may be; and
 (d) are of the kind to which the undertaking relates; and
 (e) have been entered for home consumption on a day that:
 (i) was not earlier than the day on which that act or omission occurred; and
 (ii) was not more than 90 days before the day on which that security was taken or there was a right to require and take such security.
 (8) Where:
 (a) the Minister is satisfied that an act or omission of an exporter who has given an undertaking in accordance with subsection 269TJ(3) is a violation of that undertaking; and
 (b) at the time of, or at any time after,