Document ID: chunk:federal_register_of_legislation:C2004A04498:body:0:p13
Version: federal_register_of_legislation:C2004A04498
Segment Type: other
Provision Reference: 
Character Range: 32864–35555

the Anti-Dumping Act are taken to have had effect as if the Minister had, in the dumping duty notice or countervailing duty notice, as the case requires, fixed each of the variable factors relevant to the determination of interim duty at the respective amounts specified in the notice; or

    (b)     declare that, for the purposes of this Act and the Anti-Dumping Act, each of the variable factors relevant to the determination of interim duty is to remain unchanged;

and where the Minister does so, he or she must notify the applicant accordingly.

"(2) If the applicant or any other person who has provided information for the purpose of a review under this Division claims, in writing, that the information is confidential or that the inclusion in a notice under subsection (1) of a particular variable factor relevant to the determination of interim duty would adversely affect the person's business or commercial interests:

     (a)     the Minister is not required to include in the notice a statement of that factor; but

     (b)     upon request the Comptroller may notify that factor to persons who, in the opinion of the Comptroller, would be affected parties in any further review of the rate of interim duty.

"(3) If the Minister publishes a declaration under paragraph (1)(a), this Act has effect, with effect from the day of publication of the declaration, as if each of the variable factors relevant to the determination of interim duty as so fixed under that paragraph had been ascertained for the purpose of the dumping duty notice or the countervailing duty notice.

Effect of review of interim duty on entitlement to seek duty assessment

"269ZD. If, as a result of the review of a rate of interim duty, that rate is altered with effect from a particular day, that does not affect in any way the entitlement of an importer to apply under section 269V for a final assessment of the duty payable on goods imported into Australia on or after that day.".

Further amendments

  16. The Principal Act is further amended as set out in the Schedule.

Transitional

17. Despite the amendments of the Principal Act made by this Act, the provisions of the Principal Act as in force immediately before the day of commencement of the provisions referred to in subsection 2(3) of this Act continue to apply:

     (a) in relation to dumping duty notices or countervailing duty notices:

       (i) that are published by the Minister before that day; or

          (ii) that are published by the Minister on or after that day but that apply to goods entered for home consumption before that day; and

     (b) in relation to all securities taken, and duty imposed, as a result of,