Document ID: chunk:federal_register_of_legislation:C2007C00088:clause:1_3
Version: federal_register_of_legislation:C2007C00088
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 7871–9910

3  Subsections 269TAC(5D) and (5E)
Repeal the subsections, substitute:

 (5D) The normal value of goods (the exported goods) is the amount determined by the Minister, having regard to all relevant information, if the exported goods are exported to Australia and the Minister is satisfied that the country of export has an economy in transition and that at least one of the following paragraphs applies:
 (a) both of the following conditions exist:
 (i) the exporter of the exported goods sells like goods in the country of export;
 (ii) market conditions do not prevail in that country in respect of the domestic selling price of those like goods;
 (b) both of the following conditions exist:
 (i) the exporter of the exported goods does not sell like goods in the country of export but others do;
 (ii) market conditions do not prevail in that country in respect of the domestic selling price of those like goods;
 (c) the exporter of the exported goods does not answer questions in a questionnaire given to the exporter by the CEO under subsection 269TC(8) within the period described in that subsection or subsection 269TC(9) for answering questions;
 (d) the answers given within the period mentioned in subsection 269TC(8), or the further period mentioned in subsection 269TC(9), by the exporter of the exported goods to a questionnaire given to the exporter under subsection 269TC(8) do not provide a reasonable basis for determining that paragraphs (a) and (b) of this subsection do not apply.

Note: Subsection 269TC(8) deals with the CEO giving an exporter of goods to Australia a questionnaire about evidence of whether or not paragraphs (a) and (b) of this subsection apply, with a specified period of at least 30 days for the exporter to answer the questions. Under subsection 269TC(9) the CEO may allow the exporter a further period for answering the questions.

 (5E) To be satisfied that the conditions in paragraph (5D)(a) or (b) exist, the Minister must have regard to the matters (if any) prescribed by the regulations.