Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p6
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 13495–16275

following subsections:

   "(2AA) A reference in this Part to a subsidy or a countervailable subsidy received in respect of goods from a government of the country of export or country of origin of the goods includes a reference to a subsidy or countervailable subsidy received in respect of those goods:

      (a) from a public body of that government or of which that government is a member; or

      (b) from a private body entrusted or directed by that government or public body to carry out a governmental function.

  "(2AB) If a subsidy is constituted by a financial contribution provided by a public body of which a country is a member but is delivered, not by the public body but rather by that member country, then, for the purposes of this Part, that subsidy is taken to have been received both from the public body and from the member country.

  "(2AC) A subsidy is taken to have been received in respect of particular goods:

      (a) whether the benefit conferred by the subsidy is conferred directly or indirectly in relation to those goods; and

      (b) whether or not the subsidy involves, or will involve, the payment or grant of any form of financial assistance.

  "(2AD) The fact that an investigation period is specified to start at a particular time does not imply that the Minister may not examine periods before that time for the purpose of determining whether material injury has been caused to an Australian industry or to an industry of a third country.";

  (e) by omitting subparagraph (4D)(b)(i) and substituting the following subparagraph:

      "(i) to the amount of countervailable subsidy received in respect of the goods; and";

  (f) by omitting subparagraph (4E)(b)(i) and substituting the following subparagraph:

      "(i) to the amount of countervailable subsidy received in respect of the goods; and";

(g) by inserting after subsection (5) the following subsections:

  "(5A) For the purposes of this Part, the weighted average of prices, values, costs or amounts in relation to goods over a particular period is to be worked out in accordance with the following formula:

  where:

  'P1, P2 … Pn' means the price, value, cost or amount, per unit, in respect of the goods in the respective transactions during the period;

  'Q1, Q2 … Qn' means the number of units of the goods involved in each of the respective transactions.

  "(5B) In working out the number of units of goods involved in a transaction, any units of goods that are, for the purposes of paragraph 269TAB(1)(b) or (c), subsection 269TAB(3), paragraph

     269TAC(2)(c) or (4)(e) or subsection 269TAC(6), treated as being involved in a particular transaction are taken to be actually involved in the transaction.".

Insertion of new sections

8. After section