Document ID: chunk:federal_register_of_legislation:C2014C00184:clause:2_269zdbb:p1
Version: federal_register_of_legislation:C2014C00184
Segment Type: clause
Provision Reference: sch 2 cl 269ZDBB (pt 1/2)
Character Range: 15761–18427

269ZDBB  Circumvention activities
 (1) This section sets out when circumvention activity, in relation to a notice published under subsection 269TG(2) or 269TJ(2), occurs.

Assembly of parts in Australia
 (2) Circumvention activity, in relation to the notice, occurs if the following apply:
 (a) goods in the form of individual parts (the circumvention goods) are exported to Australia;
 (b) those parts are manufactured in a foreign country in respect of which the notice applies;
 (c) those parts are assembled in Australia, whether or not with other parts, to create goods (the assembled goods) that would be the subject of the notice if they were exported to Australia by an exporter in respect of which the notice applies;
 (d) the total value of the parts manufactured in that foreign country is a significant proportion of the value of the assembled goods;
 (e) section 8 or 10 of the Dumping Duty Act, as the case requires, does not apply to the export of the circumvention goods to Australia.

Assembly of parts in third country
 (3) Circumvention activity, in relation to the notice, occurs if the following apply:
 (a) goods in the form of individual parts are manufactured in a foreign country (the original country) in respect of which the notice applies;
 (b) those parts are assembled in a foreign country in respect of which the notice does not apply, whether or not with other parts, to create goods (the circumvention goods) that would be the subject of the notice if they were exported to Australia by an exporter in respect of which the notice applies;
 (c) the circumvention goods are exported to Australia;
 (d) the total value of the parts manufactured in the original country is a significant proportion of the customs value (within the meaning of section 159) of the circumvention goods;
 (e) section 8 or 10 of the Dumping Duty Act, as the case requires, does not apply to the export of the circumvention goods to Australia.

Export of goods through one or more third countries
 (4) Circumvention activity, in relation to the notice, occurs if the following apply:
 (a) goods (the circumvention goods) are exported to Australia from a foreign country in respect of which the notice does not apply;
 (b) before that export, there were one or more other exports of the goods from a foreign country to another foreign country;
 (c) the first of those other exports was from a foreign country in respect of which the notice applies;
 (d) the circumvention goods would be the subject of the notice if they were exported to Australia by an exporter in respect of which the notice applies;
  (e) section 8 or 10 of the Dumping Duty Act, as the case