Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p23
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 55259–58212

Principal Act is amended:

    (a)     by omitting from subsection (1) "after this section commences" and substituting "after section 17 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences";

    (b)    by omitting from subsection (1) "3 years" and substituting "5 years";

    (c)     by omitting from subsection (2) "after this section commences" and substituting "after section 17 of the Customs Legislation

     (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences";

     (d)    by omitting from subsection (2) "3 years" and substituting "5 years";

   (e)     by inserting after subsection (2) the following subsections:

       "(3) If:

         (a)    a notice was or is published before section 17 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences; and

         (b)    the notice is in force immediately before the commencement of that section;

     the notice expires 5 years after the day on which it was published unless it is sooner revoked.

       "(3A) If:

         (a)    an undertaking was or is entered into before section 17 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences; and

         (b)    the undertaking is in force immediately before that section commences;

     the Minister must, by notice in writing, give the person who gave the undertaking the opportunity, before the undertaking expires, to extend the undertaking so that it expires 5 years after the day on which it was entered into unless provision is made for its earlier expiration.

     "(3B) If a person who gave an undertaking of the kind referred to in subsection (3A) refuses or fails to extend its operation in the manner referred to in subsection (3A) before the undertaking expires, the Minister may, in substitution for the extension of the undertaking, publish a dumping duty notice or a countervailing duty notice that commences on the day after the undertaking expired and ends 2 years after that day unless it is sooner revoked.".

Insertion of new section

  18. After section 269TJ the following section is inserted:

Concurrent dumping and subsidy

"269TJA.(1) Where the Minister is satisfied, as to any goods that have been exported to Australia:

    (a)     that the amount of the export price of those goods is less than the amount of the normal value of those goods; and

    (b)    that a subsidy has been paid in relation to those goods in the country of origin or the country of export of those goods; and

  (c)     that, because of the combined effect of the difference between

     the 2 amounts referred to in paragraph (a) and of the subsidy referred to in paragraph (b):

         (i) material injury to an Australian industry producing like goods has been or is being caused or is threatened; or

          (ii) the establishment of an Australian industry producing like goods has