Document ID: chunk:federal_register_of_legislation:C2014C00184:clause:2_269zdbg
Version: federal_register_of_legislation:C2014C00184
Segment Type: clause
Provision Reference: sch 2 cl 269ZDBG
Character Range: 27261–29271

269ZDBG  Report on anti‑circumvention inquiry

CEO recommendations
 (1) The CEO must, after conducting an anti‑circumvention inquiry in relation to an original notice and within 155 days after the day of publication of the notice under subsection 269ZDBE(4) or (5) about the inquiry or such longer period as the Minister allows under section 269ZHI, give the Minister a report recommending:
 (a) the original notice remain unaltered; or
 (b) the following:
 (i) the original notice be altered because the CEO is satisfied that circumvention activities in relation to the original notice have occurred;
 (ii) the alterations to be made to the original notice.
Note: For original notice, see section 269ZDBC.
 (2) In deciding on the recommendations to be made to the Minister in the report, the CEO:
 (a) must have regard to:
 (i) the application or request for the inquiry; and
 (ii) any submission concerning the inquiry to which the CEO has had regard for the purpose of formulating the statement of essential facts in relation to the inquiry; and
 (iii) that statement of essential facts; and
 (iv) any submission made in response to that statement that is received by Customs within 20 days after the placing of that statement on the public record; and
 (b) may have regard to any other matter that the CEO considers to be relevant to the inquiry.

Late submissions
 (3) The CEO is not obliged to have regard to a submission made in response to the statement of essential facts that is received by Customs after the end of the period referred to in subparagraph (2)(a)(iv) if to do so would, in the CEO's opinion, prevent the timely preparation of the report to the Minister.

Reasons for CEO recommendations
 (4) The report to the Minister must include a statement of the CEO's reasons for any recommendation contained in the report that:
 (a) sets out the material findings of fact on which that recommendation is based; and
 (b) provides particulars of the evidence relied on to support those findings.