Document ID: chunk:federal_register_of_legislation:C2004A02808:body:0:p12
Version: federal_register_of_legislation:C2004A02808
Segment Type: other
Provision Reference: 
Character Range: 46661–50296

with such rate as the Minister specifies in the direction as the rate that, for the purposes of paragraph (2) (b), is to be regarded as the rate of profit on the sale by the importer.
"(4) For the purposes of this section, the normal freight in relation to any goods referred to in sub-section (1) is—

SCHEDULE 1—continued
Acts                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Amendments
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    (a) the amount of freight that would have been payable in respect of the carriage of the goods within the country of export for the purpose of exporting the goods to Australia if the rate of freight applicable to that carriage were a rate determined by the Minister to be the appropriate rate in respect of that carriage having regard to the ruling rates of freight (if any), at the time of that carriage, in respect of the carriage of like goods, and to any other matter that the Minister considers relevant;
    (b) the amount of freight that would have been payable in respect of the carriage of the goods from the country of export to Australia if the rate of freight applicable to that carriage were a rate determined by the Minister to be the appropriate rate in respect of that carriage having regard to the ruling rates of freight (if any), at the date of exportation of the goods, in respect of the carriage of like goods by sea or, if like goods are regularly carried by aircraft, by aircraft, and to any other matter that the Minister considers relevant; or
    (c) the sum of the amount of freight referred to in paragraph (a) and the amount of freight referred to in paragraph (b),
as the case may be.
"(5) Subject to sub-sections (6) to (12) (inclusive), for the purposes of this section, the normal value of any goods referred to in sub-section (1) is the price paid for like goods sold in the ordinary course of trade for home consumption in the country of export in sales that are arm's length transactions by the exporter or, if like goods are not so sold by the exporter, by other sellers of like goods.
"(6) Subject to sub-sections (7) to (12) (inclusive), where the Minister is satisfied that—
    (a) by reason of the absence of sales that would be relevant for the purpose of determining a price under sub-section (5); or
    (b) by reason that the situation in the relevant market is such that sales in that market that would otherwise be relevant for the purpose of determining a price under sub-section (5) are not suitable for use in determining such a price,
the normal value of any goods referred to in sub-section (1) cannot be ascertained under