Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p24
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 57953–60626

and of the subsidy referred to in paragraph (b):

         (i) material injury to an Australian industry producing like goods has been or is being caused or is threatened; or

          (ii) the establishment of an Australian industry producing like goods has been or may be materially hindered;

the Minister may publish a notice under subsection 269TG(1), a notice under subsection 269TJ(1) or notices under both subsections 269TG(1) and 269TJ(1) at the same time in respect of the same goods.

  "(2) Where the Minister is satisfied, as to goods of any kind:

     (a)     that the amount of the export price of like goods that have already been exported to Australia is less than the amount of the normal value of those goods, and the amount of the export price of like goods that may be exported to Australia in the future may be less than the normal value of the goods; and

     (b)     that a subsidy has been paid in respect of like goods that have already been exported to Australia and that a subsidy may be paid in respect of like goods that may be exported to Australia in the future; and

     (c)     that, because of the combined effect of the difference referred to in paragraph (a) and of the subsidy referred to in paragraph (b):

         (i) material injury to an Australian industry producing like goods has been or is being caused or is being threatened; or

          (ii) the establishment of an Australian industry producing like goods has been or may be materially hindered;

the Minister may publish a notice under subsection 269TG(2), a notice under subsection 269TJ(2) or notices under both subsections 269TG(2) and 269TJ(2) at the same time in respect of the same goods.

"(3) If the Minister has had under consideration the export of a consignment of goods to Australia with a view to determining whether or not notices should be published in accordance with subsection (1) or (2), under both section 269TG and 269TJ in respect of the same goods, the Minister may suspend consideration of the consignment under both of those sections if he or she is given and accepts:

    (a)     an undertaking by the exporter under section 269TG, and an undertaking by the exporter under section 269TJ, in respect of the same goods; or

    (b)     an undertaking by the exporter under section 269TG and an undertaking by the government of the country of origin, or of the country of export, of the goods in the consignment under section 269TJ.

"(4) If, in respect of the same consignment of goods, the Minister accepts 2 undertakings from the exporter of the goods or an undertaking from the exporter of the goods and an undertaking from the government