Document ID: chunk:federal_register_of_legislation:C2014C00184:clause:2_269zdbe:p1
Version: federal_register_of_legislation:C2014C00184
Segment Type: clause
Provision Reference: sch 2 cl 269ZDBE (pt 1/2)
Character Range: 22534–25309

269ZDBE  Consideration of applications and requests for conduct of an anti‑circumvention inquiry

Applications
 (1) If an application under subsection 269ZDBC(1) for the conduct of an anti‑circumvention inquiry in relation to an original notice is lodged with Customs, the CEO must, within 20 days after Customs receives the application:
 (a) examine the application; and
 (b) if the CEO is not satisfied, having regard to the application and any other information that the CEO considers relevant, of either or both of the matters referred to in subsection (2)—reject the application and inform the applicant, by notice in writing, accordingly.
Note: For original notice, see section 269ZDBC.
 (2) For the purposes of subsection (1), the matters to be considered in relation to an application are:
 (a) that the application complies with section 269ZDBD; and
 (b) that there appear to be reasonable grounds for asserting that one or more circumvention activities in relation to the original notice have occurred.
 (3) The notice informing the applicant of the rejection of the application must set out the reasons why the CEO was not satisfied of either or both of the matters referred to in subsection (2).
 (4) If the CEO does not reject an application for the conduct of an anti‑circumvention inquiry in relation to the original notice, the CEO must publish a notice in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory indicating that such an inquiry is to be conducted.

Requests
 (5) If, under subsection 269ZDBC(2), the Minister requests the CEO to conduct an anti‑circumvention inquiry in relation to an original notice, the CEO must, on receipt of that request, publish a notice in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory indicating that such an inquiry is to be conducted.
Note: For original notice, see section 269ZDBC.

Content of notice
 (6) A notice (the inquiry notice) published by the CEO under subsection (4) or (5) must:
 (a) describe the kind of goods to which the inquiry relates; and
 (b) describe the original notice the subject of the inquiry; and
 (c) state that the inquiry will examine whether circumvention activities in relation to the original notice have occurred; and
 (d) indicate that a report will be made to the Minister:
 (i) within 155 days after the day of publication of the inquiry notice; or
 (ii) within such longer period as the Minister allows under section 269ZHI; and
 (e) invite interested parties to lodge with the CEO, within a specified period of not more than 40 days after the day of publication of the inquiry notice, submissions concerning the inquiry; and
 (f) state that:
 (i) within 110 days after