Document ID: chunk:federal_register_of_legislation:C2004A04380:body:0:p3
Version: federal_register_of_legislation:C2004A04380
Segment Type: other
Provision Reference: 
Character Range: 5109–7963

the continuation of an anti-dumping measure, the continuation of that measure is so secured:

    (a)     if the measure is a dumping duty notice or a countervailing duty notice—by the Minister determining, in writing, that the notice continues in force after the specified expiry day; and

    (b)    if the measure is an undertaking—by the person who gave that undertaking agreeing to extend the undertaking beyond the specified expiry day or, if the person will not so agree, by the Minister publishing a dumping duty notice or a countervailing duty notice to take effect from the day after the specified expiry day in substitution for that undertaking.

"(11) If the Minister secures the continuation of an anti-dumping measure in accordance with this section, the measure continues in force for a period of 5 years after the specified expiry day unless:

    (a)     in the case of a dumping duty notice or countervailing duty notice—it is revoked before the end of that period; or

    (b)    in the case of an undertaking—provision is made for its earlier expiration.

  "(12) In this section:

'anti-dumping measure' means:

  (a)     a dumping duty notice or a countervailing duty notice; or

    (b)    an undertaking given under subsection 269TG(4) or 269TJ(3) of the Customs Act 1901;

that is in force when this section commences or that comes into force after this section commences.".

Cessation of Act

8. Section 35 of the Principal Act is amended by omitting from subsection (1) "at the expiration of 5 years after the day on which it commences" and substituting "on 31 August 2001".

PART 3—AMENDMENTS OF THE CUSTOMS ACT 1901

Principal Act

  9. In this Part, "Principal Act" means the Customs Act 19012.

Repeal and substitution of Part

10. Part XVA of the Principal Act is repealed and the following Part is substituted:

"PART XVA—TARIFF CONCESSION ORDERS

"Division 1—Preliminary

Interpretation

"269B.(1) In this Part, unless the contrary intention appears:

'capital equipment' means goods, which if imported into Australia, would be goods to which Chapters 84, 85, 86, 87, 89 or 90 of Schedule 3 to the Customs Tariff Act 1987 would apply;

'Customs Tariff Act 1987' includes that Act as proposed to be altered by a customs tariff alteration proposed, or intended to be proposed, in the Parliament;

'gazettal day', in relation to a TCO application, means:

    (a)     unless paragraph (b) applies—the day on which the Comptroller publishes a notice in respect of the application in the Gazette under subsection 269K(1); or

    (b)     if, in accordance with section 269N, the Comptroller publishes a notice in respect of the application in the Gazette under subsection 269K(1) in substitution for an earlier notice—the day on which the Comptroller publishes that substituted notice;

'goods produced in Australia' has