Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tj:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TJ (pt 2/4)
Character Range: 1891718–1894418

the Minister may give notice, in writing, to the government of the country of export or to the exporter stating that:
 (a) the Minister is of the opinion that it would be appropriate for the government or the exporter to give an undertaking in accordance with subsection (3) to the Minister; and
 (b) an undertaking, in the terms set out in the notice, would be satisfactory to the Minister.
 (3) Whether or not a notice has been given to a government or to an exporter in respect of goods in the consignment or like goods, the Minister may defer the decision to publish or not to publish a countervailing duty notice covering those goods if the Minister is given and accepts an undertaking to which subsection (3A) applies.
 (3A) This subsection applies:
 (a) to an undertaking given by a government—if it is an undertaking that the government will, in relation to any export trade to Australia in like goods, review any countervailable subsidy delivered by that government and make any changes found to be necessary to avoid:
 (i) causing or threatening material injury to an Australian industry producing like goods; or
 (ii) materially hindering the establishment of such an Australian industry; and
 (b) to an undertaking by an exporter—if it is an undertaking that the exporter will so conduct future trade to Australia in like goods as to avoid:
 (i) causing or threatening material injury to an Australian industry producing like goods; or
 (ii) materially hindering the establishment of such an Australian industry.
 (3B) In giving a notice, and in considering the terms of any proposed undertaking, the Minister must have regard to the desirability that any price increase arising from the undertaking is limited to an amount such that the total price of the goods is not more than the non‑injurious price of the goods.
 (3BA) However, subsection (3B) does not require the Minister to have regard to the matter in that subsection if the Minister is satisfied that either or both of the following apply in relation to the goods in the consignment:
 (a) the country of export has not complied with Article 25 of the Agreement on Subsidies and Countervailing Measures for the compliance period;
 (b) there is an Australian industry in respect of like goods that consists of at least 2 small‑medium enterprises, whether or not that industry consists of other enterprises.
 (3C) The Minister:
 (a) may give a notice under subsection (2A) whether or not the giving of such a notice has been recommended by the Commissioner in a recommendation under section 269TEA; and
 (b) may accept an undertaking whether or not the acceptance of such an undertaking has been recommended by the Commissioner in