Document ID: chunk:federal_register_of_legislation:F2015L01736:body:0:p1
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Customs (Extensions of Time and Non‑cooperation) Direction 2015

Customs Act 1901

I, CHRISTOPHER PYNE, Minister for Industry, Innovation and Science, make this direction under subsection 269TA(1) of the Customs Act 1901.

Dated 30 October 2015

CHRISTOPHER PYNE
___________________________________________
CHRISTOPHER PYNE
Minister for Industry, Innovation and Science
PART 1 - PRELIMINARY

     1. Name of instrument

    This Direction is the Customs (Extensions of Time and Non‑cooperation) Direction 2015.

    2.             Authority

      a)      This Direction is made under subsection 269TA(1) of the Act.

      b)     This Direction has the purpose of directing the Commissioner in relation to:

               1. granting extensions of time under section 269SMG, and subsections 269TC(6) and 269TC(9) of the Act; and

               2. making determinations about:

                      1. uncooperative exporters under subsection 269T(1) of the Act; or

                      2. non-cooperation by entities under section 269TAACA of the Act.

    3.             Commencement

    This Direction commences on commencement of Schedule 1 of the Customs Amendment (Anti-Dumping Measures) Act (No.1) 2015.

    4.             Definitions

In this Direction:
 Act means the Customs Act 1901.
 case means an investigation, review or inquiry under Part XVB of the Act.
    Commissioner means the Commissioner of the Anti-Dumping Commission.
    entity or entities have the same meaning as 'entities' (in the singular for entity) given under subsection 269TAACA(2) of the Act.
    interested party has the same meaning as 'interested party' under subsection 269T(1) of the Act.

    key aspect means the making, by the Commissioner, of a preliminary affirmative determination, a statement of essential facts, a report relating to the termination of a case, or a report to the Minister.
    legislated period means a timeframe specified, determined or prescribed for submitting any kind of response relating to any case, including the period specified in the Commissioner's notice or other correspondence to an interested party in any case.
    non-cooperative entity means an entity that the Commissioner is satisfied has either not provided information the Commissioner considers relevant to a case within a period the Commissioner considers reasonable, or has significantly impeded the case.
    response means any document or thing provided to the Commissioner in relation to any case, including submissions, information or answers to the questions in questionnaires.
    uncooperative exporter has the same meaning as 'uncooperative exporter' under section 269T of the Act.
PART 2 - DIRECTIONS

    5.             Extensions of time – sections 269TC and 269SMG

      a)      When the Commissioner is:

           1. deciding if a longer period is reasonably required or practicable under subsections 269TC(6) and 269TC(9); or

           2. considering whether to allow any interested party a longer period to give any response (including under section 269SMG);

      the Commissioner must:

               1. take into account the responsibility to conduct cases in a timely and efficient manner;

               2. reject a request for a longer period if the request has not