Document ID: chunk:federal_register_of_legislation:F2024C00940:reg:45
Version: federal_register_of_legislation:F2024C00940
Segment Type: reg
Provision Reference: reg 45
Character Range: 100601–102491

45  Determination of profit
 (1) For subsection 269TAC(5B) of the Act, this section sets out:
 (a) the manner in which the Minister must, for subparagraph 269TAC(2)(c)(ii) or (4)(e)(ii) of the Act, work out an amount (the amount) to be the profit on the sale of goods; and
 (b) factors that the Minister must take account of for that purpose.
 (2) The Minister must, if reasonably practicable, work out the amount by using data relating to the production and sale of like goods by the exporter or producer of the goods in the ordinary course of trade.
 (3) If the Minister is unable to work out the amount by using the data mentioned in subsection (2), the Minister must work out the amount by:
 (a) identifying the actual amounts realised by the exporter or producer from the sale of the same general category of goods in the domestic market of the country of export; or
 (b) identifying the weighted average of the actual amounts realised by other exporters or producers from the sale of like goods in the domestic market of the country of export; or
 (c) using any other reasonable method and having regard to all relevant information.
 (4) However, if:
 (a) the Minister uses a method of calculation under paragraph (3)(c) to work out an amount representing the profit of the exporter or producer of the goods; and
 (b) the amount worked out exceeds the amount of profit normally realised by other exporters or producers on sales of goods of the same general category in the domestic market of the country of export;
the Minister must disregard the amount by which the amount worked out exceeds the amount of profit normally realised by the other exporters or producers.
 (5) For this section, the Minister may disregard any information that he or she considers to be unreliable.
 (6) For paragraph (3)(b), subsection 269T(5A) of the Act sets out how to work out the weighted average.