Document ID: chunk:federal_register_of_legislation:C2004A03936:body:0:p5
Version: federal_register_of_legislation:C2004A03936
Segment Type: other
Provision Reference: 
Character Range: 10351–13107

be likely to have a substantially adverse effect on the market for any goods produced in Australia.

    "(1a) The Comptroller may, in his or her discretion, refuse to make a concession order under subsection 269c (1a) or (1b) in respect of particular goods if, in his or her opinion, the making of the order would be likely to have a substantially adverse effect on

    the market for any goods produced, for any work carried out, or for any services provided, in Australia.

    "(1b) Where, in the opinion of the Comptroller, after having regard to the matters referred to in subsection (2), the making of a particular concession order under subsection 269c may not be in the national interest, the Comptroller must refer the application for the concession order to the Minister so that the Minister can determine that matter.

    "(1c) Where a particular application for a concession order is referred to the Minister and the Minister determines that the making of the order is not in the national interest:

       (a) the Minister must inform the Comptroller, in writing, to that effect and give the Comptroller a statement of the reasons why he or she has so determined; and

       (b) the Comptroller, upon being so informed, must refuse to make that order.";

(b) by omitting from subsection (2) "(other than paragraph (g))";

   (c) by omitting from subsection (3) "particular goods by reason of the operation of paragraph (1) (b) or (1a) (b), he" and substituting "particular goods because the Minister has determined that the making of the order is not in the national interest, the Comptroller";

(d) by omitting paragraph (3) (c) and (d) and substituting the following paragraphs:

       "(c) stating that the Comptroller has refused to make the order because the Minister has determined that the making of the order would not be in the national interest; and

     (d) setting out the Minister's reasons for so determining.".

Application of concession orders

19. Section 269n of the Principal Act is amended:

    (a) by omitting from subsections (1), (2), (6) and (7) "date" (wherever occurring) and substituting "day";

    (b) by omitting subsection (3) and substituting the following subsections:

    "(3) Subject to subsections (4), (6) and (7), the day to be specified in a concession order for the purposes of subsection (1) is the day occurring 28 days before the day on which the application for the order was made.

    "(3a) Where the Comptroller, at the time of making a decision in respect of an application for a concession order, is of the opinion:

       (a) that he or she would not have been satisfied as required by subsection 269c (1) or (1a) or (1b), whichever is applicable, had the Comptroller been required to