Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p2
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 2557–5368

Territory, a notice:

    (a)     informing that the dumping duty notice, countervailing duty notice or undertaking is due to expire on a specified day (the 'specified expiry day'); and

    (b)     inviting interested parties to apply to the Authority in accordance with this section, within 60 days, for the continuation of the anti-dumping measure.

"(2) If no application is received by the Authority within the period specified in the notice then, on the specified expiry day:

  (a)     the dumping duty notice expires; or

  (b)    the countervailing duty notice expires; or

    (c)     the person who gave the undertaking is taken to be released from the undertaking;

as the case requires.

  "(3) An application must:

  (a)     be in writing; and

  (b)     be in an approved form; and

  (c)     contain such information as the form requires; and

  (d)     be signed in the manner indicated in the form.

  "(4) If:

    (a)     an application is received for the continuation of an anti-dumping measure; and

    (b)     the Authority is satisfied that the application complies with the requirements of this section;

the Authority must, within 120 days or such other period as is prescribed after the receipt of the application, give the Minister a report recommending whether the measure should be continued.

"(5) For the purpose of giving the Minister a report in respect of a matter, the Authority may hold an inquiry into the matter.

"(6) If an inquiry is held under subsection (5), the Authority must, in any notice given under section 23 in relation to that inquiry and by any other means it considers appropriate in the circumstances, invite submissions from the public on matters relevant to the recommendation that might be made in the report.

"(7) If an inquiry is held under subsection (5), the Authority must have regard to all the submissions it receives within 40 days after the

issuing by the Authority of the last invitation for submissions from the public but may disregard any submission received more than 40 days after the issuing of that last invitation.

"(8) The Minister may, after having regard to the report in relation to the continuation of an anti-dumping measure and before the specified expiry day, take steps to secure the continuation of the measure.

"(9) If the Minister does not take steps to secure the continuation of an anti-dumping measure before the specified expiry day, the measure expires in accordance with section 269TM of the Customs Act 1901.

"(10) If the Minister decides to secure the continuation of an anti-dumping measure, the continuation of that measure is so secured:

    (a)     if the measure is a dumping duty notice or a countervailing duty notice—by the Minister determining, in writing, that the notice continues in force after