Document ID: chunk:federal_register_of_legislation:C2025C00155:section:269tj:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 269TJ (pt 1/4)
Character Range: 1889339–1891938

269TJ  Countervailing duties
 (1) Subject to section 269TN, where the Minister is satisfied, as to any goods that have been exported to Australia, that:
 (a) a countervailable subsidy has been received in respect of the goods; and
 (b) because of that:
 (i) material injury to an Australian industry producing like goods has been or is being caused or is threatened or the establishment of an Australian industry producing like goods has been or may be materially hindered; or
 (ii) in a case where security has been taken under section 42 in respect of any interim duty that may become payable on the goods under section 10 of the Dumping Duty Act—material injury to an Australian industry producing like goods would or might have been caused if the security had not been taken;
the Minister may, by public notice, declare that section 10 of that Act applies:
 (c) to the goods in respect of which the Minister is so satisfied; and
 (d) to like goods that were exported to Australia after the Commissioner made a preliminary affirmative determination under section 269TD in respect of the goods referred to in paragraph (c) but before the publication of that notice.
 (2) Where the Minister is satisfied, as to goods of any kind that:
 (a) a countervailable subsidy:
 (i) has been received in respect of goods the subject of the application that have already been exported to Australia; and
 (ii) may be received in respect of like goods that may be exported to Australia in the future; and
 (b) because of that, material injury to an Australian industry producing like goods has been or is being caused or is being threatened, or the establishment of an Australian industry producing like goods has been or may be materially hindered;
the Minister may, by public notice (whether or not he or she has made, or proposes to make, a declaration under subsection (1) in respect of like goods that have been exported to Australia), declare that section 10 of the Dumping Duty Act applies to like goods that are exported to Australia after the date of publication of the notice or such later date as is specified in the notice.
 (2A) If the export of a consignment of goods to Australia has been under consideration by the Minister so as to decide whether or not to publish a countervailing duty notice under this section in relation to the goods in the consignment or to like goods, the Minister may give notice, in writing, to the government of the country of export or to the exporter stating that:
 (a) the Minister is of the opinion that it would be appropriate for the government or the exporter to