Document ID: chunk:federal_register_of_legislation:F2015L01736:body:0:p3
Version: federal_register_of_legislation:F2015L01736
Segment Type: other
Provision Reference: 
Character Range: 5877–8936

the legislated period, the Commissioner must, when determining whether to have regard to that response, consider if taking the response into account would delay a key aspect of the case.

b)     If taking the response into account would delay a key aspect of the case, the Commissioner must consider:

          1. the time remaining before the deadline for the next key aspect of the case – including making a preliminary affirmative determination or publishing a statement of essential facts;

          2. if data is provided in the submission, the quality and quantity of that data and the level of resources required to adequately consider it;

          3. if assertions or proposals are provided in the submission, the seriousness, nature and timing of those assertions in relation to the case and the resources required to adequately address or substantiate them; and

          4. any reasons provided by the party to explain why the submission is late, taking into account the above directions in relation to granting extensions.

    8.             Relevant information – section 269T

a)      When determining if an exporter is an uncooperative exporter, the Commissioner must consider the legislated period for providing a response to be a reasonable period

b)     The Commissioner must determine an exporter to be an uncooperative exporter, on the basis that no relevant information was provided in a reasonable period, if that exporter:

          1. fails, within the legislated period, to:

                   1. provide a response; or

                  2. request a longer period to provide a response; or

          2. provides a response within the legislated period that the Commissioner considers did not provide information relevant to the case.

    9.             Relevant information – section 269TAACA

a)      When determining if an entity is a non-cooperative entity for the purposes of section 269TAACA, the Commissioner must consider the legislated period for providing a response to be a reasonable period.

b)      The Commissioner must determine an entity to be a non‑cooperative entity for the purposes of section 269TAACA, on the basis that no relevant information was provided in a reasonable period, if that entity:

          1. Fails, within the legislated period, to:

                   1. provide a response; or

                   2.  request a longer period to provide a response; or

          2. provides a response within the legislated period that the Commissioner considers did not provide information relevant to the case.

    10.        Significantly impeded – sections 269T and 269TAACA

    In determining whether or not an exporter or entity has significantly impeded a case, the Commissioner must take into account:

       a)      any response provided by the exporter or entity to the Commissioner, the timing of the response and any information omitted from the response;

       b)     the actions or omissions of the exporter or entity during the conduct of this case and the reasonable or