Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p47
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 118853–121566

or exporter would be prepared to give an undertaking to the Minister.

"(2) If the terms of a proposed undertaking are given to the Authority by a government or an exporter, the Authority must, subject to subsection (3), consider those terms and, by notice in writing given to the party offering the undertaking, indicate:

     (a) whether it would be prepared to recommend the acceptance of the undertaking by the Minister; or

     (b) if it is not prepared to do so, the reasons why it is not prepared to do so.

"(3) The Authority is not obliged to consider the terms of any proposed undertaking, provided by an exporter or a government, if to do so would prevent the timely completion of a report by the Authority to the Minister under section 7.

"(4) A government or an exporter may, having regard to the reasons given to it by the Authority, indicate to the Authority that the government or exporter is prepared to give an undertaking to the Minister in revised terms.

"(5) The Authority may, when it makes a report to the Minister under section 7:

     (a) inform the Minister of the terms or revised terms of an undertaking and recommend whether or not it should be accepted; or

     (b) recommend to the Minister that he or she seek an undertaking from a government or an exporter and set out the terms of the undertaking that it recommends the Minister seek.".

Authority may make recommendations of continuation of dumping duty notices etc.

  35. Section 8A of the Principal Act is amended:

  (a) by inserting after subsection (1) the following subsection:

     "(1A) If the Minister makes a declaration under paragraph 269ZG(3)(b) of the Customs Act 1901, the original dumping duty notice or countervailing duty notice and that notice as modified because of that declaration are both to be treated, for the purpose of this section as if they had been issued at the time of the issue of the original notice.";

  (b) by omitting from subsection (5) "may" and substituting "must";

  (c) by omitting subsection (6);

     (d) by omitting from subsection (7) all the words after "submissions it receives" and substituting "within the period specified in the notice of inquiry under section 23 but may disregard any submission received after the end of that period";

  (e) by inserting after subsection (7) the following subsection:

     "(7A) The Authority must not recommend the continuation of an anti-dumping measure unless it is satisfied that the expiration of the notice would lead, or would be likely to lead, to a continuation of, or recurrence of the material injury that the anti-dumping measure is intended to prevent.".

Authority to have regard to same considerations as Minister