Document ID: chunk:federal_register_of_legislation:C2004A04498:body:0:p10
Version: federal_register_of_legislation:C2004A04498
Segment Type: other
Provision Reference: 
Character Range: 25304–28051

of those goods, the variable factors as so provisionally ascertained; but

         (ii) that the Minister order that any duty in excess of the interim duty paid on those goods be waived.

"(7) As soon as practicable, but not later than 7 days after making a decision under subsection (6), the Comptroller must:

  (a)     notify the applicant, in writing, of the decision made; and

  (b)     if the decision is a negative preliminary decision:

         (i) inform the applicant of the reasons why the Comptroller made the decision; and

         (ii) inform the applicant of the applicant's right, within 28 days of the day of notification of the decision, to refer the decision to the Authority for review.

  "(8) The Comptroller must:

    (a)     if he or she has made a positive preliminary decision—recommend to the Minister, not later than 7 days after making the decision, that the Minister give effect to that decision; and

    (b)     if he or she has made a negative preliminary decision and the applicant has not exercised the right to seek a review of the decision by the Authority—recommend to the Minister, not later than 7 days after the end of the period available for seeking review of the decision, that the Minister give effect to that decision.

Duty assessments

"269Y.(1) As soon as practicable after receiving a recommendation from the Comptroller or from the Authority in relation to goods the subject of an application, the Minister must, having regard to the terms of that recommendation, by notice in writing:

  (a) ascertain, for the purposes of this Act and the Anti-Dumping

     Act, the variable factors relevant to the determination of duty payable under the Anti-Dumping Act in respect of each consignment; and

    (b) order that the total interim duty overpaid in respect of all consignments to which the application relates be repaid or that the total unpaid duty in excess of the interim duty already paid be waived, as the case requires.

"(2) As soon as practicable after issuing a notice under subsection (1) the Minister must ensure that a copy of that notice is provided to the applicant.

"(3) If the Minister issues a notice under subsection (1) ordering that an amount of interim duty be repaid to an applicant the Commonwealth is liable to make a repayment to the applicant accordingly.

  "(4) If:

    (a)     one or more consignments of goods of a particular kind that are the subject of a dumping duty notice or a countervailing duty notice are entered for home consumption during an importation period; and

    (b)     interim duty is paid on those goods under the Anti-Dumping Act; and

    (c)     application is not made under section 269V of this Act for an assessment of duty payable