Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p8
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 18596–21315

specific if access to the subsidy:

     (a) is established by objective criteria or conditions set out in primary or subordinate legislation or other official documents that are capable of verification; and

     (b) those criteria or conditions do not favour particular enterprises over others and are economic in nature; and

     (c) those criteria or conditions are strictly adhered to in the administration of the subsidy.

"(4) Despite the fact that access to a subsidy is established by objective criteria, the Minister may, having regard to:

    (a) the fact that the subsidy program benefits a limited number of particular enterprises; or

    (b) the fact that the subsidy program predominantly benefits particular enterprises; or

    (c) the fact that particular enterprises have access to disproportionately large amounts of the subsidy; or

    (d) the manner in which a discretion to grant access to the subsidy has been exercised;

determine that the subsidy is specific.

"(5) In making a determination under subsection (4), the Minister must take account of:

    (a) the extent of diversification of economic activities within the jurisdiction of the subsidising authority; and

    (b) the length of time during which the subsidy program has been in operation.

  "(6) A subsidy is an excluded subsidy if the Minister is satisfied that:

    (a) it is specific but described in paragraph (a), (b) or (c) of Article 8.2 of the Agreement on Subsidies and Countervailing Measures; or

    (b) it is a domestic support measure that meets the criteria or conditions set out in Annex 2 to the Agreement on Agriculture.

Ordinary course of trade

"269TAAD.(1) If the Minister is satisfied, in relation to goods exported to Australia:

     (a) that like goods are sold in the country of export in sales that are arms length transactions in substantial quantities during an extended period:

      (i) for home consumption in the country of export; or

      (ii) for exportation to a third country;

     at a price that is less than the cost of such goods; and

     (b) that it is unlikely that the seller of the goods will be able to recover the cost of such goods within a reasonable period;

the price paid for the goods referred to in paragraph (a) is taken not to have been paid in the ordinary course of trade.

"(2) For the purposes of this section, sales of goods at a price that is less than the cost of such goods are taken to have occurred in substantial quantities during an extended period if the volume of sales of such goods at a price below the cost of such goods over that period is not less than 20% of the total volume of sales over that period.

"(3) Costs of goods are taken to be