Document ID: chunk:federal_register_of_legislation:C2004A04498:body:0:p12
Version: federal_register_of_legislation:C2004A04498
Segment Type: other
Provision Reference: 
Character Range: 30317–33098

factor or factors relevant to the determination of interim duty that, in the opinion of the applicant, have changed; and

    (c)     a statement of the amount by which each such factor has changed and information to establish that amount.

  "(2) An application may be lodged with Customs:

    (a)     by leaving it at a place that has been allocated for lodgment of review applications at Customs House in Canberra; or

    (b)     by posting by pre-paid post to a postal address specified by Customs in the Gazette; or

    (c)     by sending it by electronic facsimile to a facsimile number specified by Customs in the Gazette;

and the application is taken to have been lodged when the application, or a facsimile of the application, is first received by an officer of Customs doing duty in relation to applications for review of interim duty.

"(3) The day on which an application is taken to have been lodged must be recorded on the application.

Consideration of the application or request for review

  "269ZB.(1) As soon as practicable after:

   (a)     the lodgment of an application under subsection 269Z(1); or

   (b)     the receipt of a request under subsection 269Z(2);

but not later than 25 days after the lodgment of the application or receipt of the request, the Comptroller must publish a notice in the Gazette and in a newspaper circulating in all States and internal Territories stating that it is proposed to review the rate of interim duty attaching to the goods the subject of the application or request.

"(2) The notice must invite interested parties to make submissions within a period of 40 days after the day of publication of the notice.

"(3) The Comptroller may disregard any submission received after the end of that period.

"(4) The Comptroller must, not later than 100 days after the day of publication of the notice, after considering the application for review any submissions made and any other material he or she considers relevant, give the Minister a report recommending:

  (a)     that the rate of interim duty remain as originally calculated; or

  (b)     that the rate of interim duty be altered;

and setting out the Comptroller's reasons for so recommending.

Minister to consider recommendations

"269ZC.(1) After considering the recommendation of the Comptroller and the reasons for that recommendation, the Minister must, subject to subsection (2) by notice in writing published in the Gazette:

    (a)     declare that, with effect from the day of publication of the notice, this Act and the Anti-Dumping Act are taken to have had effect as if the Minister had, in the dumping duty notice or countervailing duty notice, as the case requires, fixed each of the variable factors relevant to the determination of interim duty