Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p43
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
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Character Range: 108598–111472

the Customs Act 1901;";

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

     "(3) The fact that an inquiry period is specified to start at a particular time does not imply that the Minister may not examine periods before that time for the purpose of determining whether material injury has been caused to Australian industry or to an industry of a third country.".

Functions

32. Section 5 of the Principal Act is amended by inserting after paragraph (b) the following paragraph:

    "(ba) to review under section 7A any decision by the Comptroller to terminate his or her investigation of an exporter or of a country of export;".

Authority may make recommendations on publication of dumping duty notices etc.

  33. Section 7 of the Principal Act is amended:

     (a) by omitting paragraph (1)(e) and substituting the following paragraph:

     "(e) recommending, where applicable:

            (i) whether the Minister ought to give to the government of the country of export or to the exporter a notice under subsection 269TG(3D) or 269TJ(2A) of the Customs Act 1901; or

            (ii) whether the Minister ought to accept an undertaking the terms of which have been considered by the Authority under section 7C; and";

  (b) by omitting from subsection (3)" 10(5)" and substituting "10(3B)";

     (c) by omitting from subsection (4) "shall" and substituting "must, subject to subsection (4A)";

  (d) by inserting after subsection (4) the following subsection:

     "(4A) An application for the holding of an inquiry into whether the Minister:

        (a) should revoke a notice under subsection 8(5), 9(5), 10(3B) or 11(4) of the Anti-Dumping Act; or

        (b) should, under section 269TAJ of the Customs Act 1901, revoke or partly revoke a notice under Part XVB of that Act or release or partly release a person from an undertaking given under that Part;

     must not be made until after 12 months have elapsed from the date of publication of the notice or the date of acceptance of the undertaking.";

  (e) by omitting subsection (5);

     (f) by omitting from subsection (6) all the words after "received by the Authority" and substituting "within the period specified in the notice of inquiry under section 23 but, subject to subsection (7), may disregard any submissions received after the end of that period";

  (g) by inserting after subsection (6) the following subsection:

     "(7) In reaching a decision as to the recommendation to make in its report, the Authority:

      (a) must have regard to any submission:

            (i) that relates to the statement of essential facts placed on the public record under subsection 23A(8); and

            (ii) that is received by the Authority within 7 days after placing the statement on the record; but

        (b) may disregard any submission received more than 7 days after placing