CTHRepealedAct
Anti-Dumping Authority Act 1988
7CAuthority may consider recommending to the Minister whether undertaking should be accepted
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##### 7C Authority may consider recommending to the Minister whether undertaking should be accepted
(1) If a person has applied for a dumping duty notice or a countervailing duty notice in respect of goods, the government of the country of export of the goods the subject of the application or an exporter of such goods may, at any time during an inquiry under subsection 7(1), indicate in writing to the Authority the terms in which the government or exporter would be prepared to give an undertaking to the Minister.
(2) If the terms of a proposed undertaking are given to the Authority by a government or an exporter, the Authority must, subject to subsection (3), consider those terms and, by notice in writing given to the party offering the undertaking, indicate:
(a) whether it would be prepared to recommend the acceptance of the undertaking by the Minister; or
(b) if it is not prepared to do so, the reasons why it is not prepared to do so.
(3) The Authority is not obliged to consider the terms of any proposed undertaking, provided by an exporter or a government, if to do so would prevent the timely completion of a report by the Authority to the Minister under section 7.
(4) A government or an exporter may, having regard to the reasons given to it by the Authority, indicate to the Authority that the government or exporter is prepared to give an undertaking to the Minister in revised terms.
(5) The Authority may, when it makes a report to the Minister under section 7:
(a) inform the Minister of the terms or revised terms of an undertaking and recommend whether or not it should be accepted; or
(b) recommend to the Minister that he or she seek an undertaking from a government or an exporter and set out the terms of the undertaking that it recommends the Minister seek.