Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p32
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 80150–82903

countervailable subsidy is received.";

  (f) by omitting subsections (3) and (3A) and substituting the following subsections:

  "(2A) If the export of a consignment of goods to Australia has been under consideration by the Minister so as to decide whether or not to publish a countervailing duty notice under this section in relation to the goods in the consignment or to like goods, the Minister may give notice, in writing, to the government of the country of export or to the exporter stating that:

      (a) the Minister is of the opinion that it would be appropriate for the government or the exporter to give an undertaking in accordance with subsection (3) to the Minister; and

      (b) an undertaking, in the terms set out in the notice, would be satisfactory to the Minister.

  "(3) Whether or not a notice has been given to a government or to an exporter in respect of goods in the consignment or like goods, the Minister may defer the decision to publish or not to publish a countervailing duty notice covering those goods if the Minister is given and accepts an undertaking to which subsection (3A) applies.

    "(3A) This subsection applies:

      (a) to an undertaking given by a government—if it is an undertaking that the government will, in relation to any export trade to Australia in like goods, review any countervailable subsidy delivered by that government and make any changes found to be necessary to avoid:

          (i) causing or threatening material injury to an Australian industry producing like goods; or

          (ii) materially hindering the establishment of such an Australian industry; and

    (b) to an undertaking by a exporter—if it is an undertaking that the exporter will so conduct future trade to Australia in like goods as to avoid:

        (i) causing or threatening material injury to an Australian industry producing like goods; or

        (ii) materially hindering the establishment of such an Australian industry.

"(3B) In giving a notice, and in considering the terms of any proposed undertaking, the Minister must have regard to the desirability that any price increase arising from the undertaking is limited to an amount such that the total price of the goods is not more than the non-injurious price of the goods.

  "(3C) The Minister:

    (a) may give a notice under subsection (2A) whether or not the giving of such a notice is the subject of a recommendation from the Authority in a report under section 7 of the Anti-Dumping Authority Act 1988; and

    (b) may accept an undertaking whether or not the acceptance of such an undertaking is the subject of a recommendation from the Authority in a report under section 7 of that Act; and

 (c) must not:

        (i) give a notice