Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p15
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 36424–39246

subsidy attributable to the benefit is an amount determined by the Minister, in writing, in accordance with the regulations made for the purposes of this section.

"(7) If the Minister is satisfied, in respect of a particular financial contribution or form of income or price support:

     (a) that subsections (2), (3), (4) and (5) are inappropriate for determining whether a benefit has been conferred; or

     (b) that, if a benefit has been conferred, subsection (6) is inappropriate for determining the total amount of subsidy attributable to the benefit;

the Minister may determine, in writing, that he or she is so satisfied and determine an alternative basis for deciding whether a benefit has been conferred or for working out the amount of subsidy attributable to the benefit.

"(8) If the number of exporters from a particular country of export who provide information in relation to an application for a countervailing duty notice is so large that it is not practicable to work out whether a benefit has been conferred and the amount of subsidy received by them, the Minister may, on the basis of information obtained from an investigation of a selected number of those exporters:

  (a) who constitute a statistically valid sample of those exporters; or

    (b) who are responsible for the largest volume of exportations to Australia that can reasonably be investigated;

decide whether a benefit is conferred and, if it is, the amount of subsidy attributable to that benefit for such selected exporters and for exporters who are not so selected.

"(9) If information is submitted by an exporter not initially selected under subsection (8) for the purposes of an investigation, the investigation must extend to that exporter unless to so extend it would prevent the investigation's timely completion.

"(10) After the total amount of the subsidy received in respect of goods has been worked out, the Minister must, if that subsidy is not quantified by reference to a unit of those goods determined by weight, volume or otherwise, work out how much of that amount is properly attributable to each such unit.".

Material injury to industry

  12. Section 269TAE of the Principal Act is amended:

   (a) by omitting from subsection (1) "by reason of any circumstances in relation to the exportation of goods to Australia from another country (in this subsection called the 'country of export'), the Minister may, without limiting the generality of that section" and substituting "because of any circumstances in relation to the exportation of goods to Australia from the country of export, the Minister may, without limiting the generality of that section but subject to subsections (2A), (2B) and (2C)";

   (b) by inserting in subsection (1), before paragraph (a), the following paragraphs:

        "(aa)