11Authority to have regard to same considerations as Minister in certain circumstances

##### 11 Authority to have regard to same considerations as Minister in certain circumstances (1) Where the Authority, in making a recommendation under section 7, or in reviewing under section 8 a negative prima facie decision or a negative preliminary finding, in respect of the goods the subject of an application under section 269TB of the Customs Act 1901, is required to determine any matter ordinarily required to be determined by the Minister, the Authority shall determine the matter in like manner as if it was the Minister and, subject to subsection (4), having regard to the same considerations as the considerations to which the Minister would be required to have regard if the Minister were determining the matter. (2) Subsection (1) applies in respect of goods that have not, at the time of the Authority’s determination of a matter in respect of those goods, being imported into Australia as if the Authority’s determination of the matter were being made after an importation of those goods into Australia, being an importation occurring at the time of the anticipated importation of those goods into Australia. (3) Nothing in subsection (1) shall be taken to imply that the determination of a matter by the Authority affects the power of the Minister to make a final determination in respect of that matter for the purposes of the Dumping Duty Act or of Part XVB of the Customs Act 1901. (4) If, in an inquiry under section 7, the Authority needs to determine: (a) whether the price paid for goods has been paid in the ordinary course of trade; or (b) whether goods exported to Australia have been dumped and the dumping margin in respect of those goods; the references in section 269TAAD and 269TACB of the Customs Act 1901 to the investigation period are taken to be references to the inquiry period specified by the Authority for the purpose of that inquiry.