Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p48
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 121322–124063

the expiration of the notice would lead, or would be likely to lead, to a continuation of, or recurrence of the material injury that the anti-dumping measure is intended to prevent.".

Authority to have regard to same considerations as Minister in certain circumstances

  36. Section 11 of the Principal Act is amended:

     (a) by inserting in subsection (1)", subject to subsection (4)," after "the Minister and";

  (b) by adding at the end the following subsection:

     "(4) If, in an inquiry under section 7, the Authority needs to determine:

        (a) whether the price paid for goods has been paid in the ordinary course of trade; or

        (b) whether goods exported to Australia have been dumped and the dumping margin in respect of those goods;

    the references in section 269TAAD and 269TACB of the Customs Act 1901 to the investigation period are taken to be references to the inquiry period specified by the Authority for the purpose of that inquiry.".

Repeal of section and substitution of new sections

37. Section 23 of the Principal Act is repealed and the following sections are substituted:

Public notice of inquiries

"23.(1) Before the Authority commences to hold an inquiry under section 7 or 8A of this Act it must give public notice of that inquiry, by notice published in the Gazette and in a newspaper circulating in each State and in the internal Territories.

"(2) Without limiting the matters to be dealt with in a public notice, the notice must:

  (a) describe the goods to which the inquiry relates; and

     (b) if the inquiry is made under subsection 7(1)- –set out the identity of the known exporters and of the countries of export known to be involved in the matter to which the inquiry relates; and

  (c) set out the subject of the inquiry; and

     (d) if the inquiry is made under subsection 7(1)—indicating the basis on which the dumping or countervailable subsidisation is alleged to have occurred; and

     (e) if the inquiry is made under subsection 7(1)—indicate that the inquiry will be made on the basis of the examination of importations into Australia of like goods that are entered for home consumption after a day specified for the purposes of this paragraph; and

  (f) summarise the factors alleged to constitute the basis for the inquiry; and

     (g) invite interested parties to lodge with the Authority, within a specified period of not less than 40 days after the date of the public notice of the inquiry, submissions concerning the subject matter of the inquiry; and

     (h) indicate the address at which, or the manner in which, such submissions can be lodged.

Authority to maintain public record for certain purposes

"23A.(1) The Authority must, in relation