8Review of prima facie decisions and preliminary findings

##### 8 Review of prima facie decisions and preliminary findings (1) Where: (a) an application is made under section 269TB of the Customs Act 1901 requesting the Minister to publish a dumping duty notice or a countervailing duty notice in respect of the goods the subject of the application; (b) the CEO has made a negative prima facie decision in relation to the application; and (c) the applicant refers the decision to the Authority for review; the Authority shall, after reviewing the decision and within 60 days after the decision is referred to it, confirm the decision, or revoke the decision and substitute a decision accepting the application, and shall, by notice in writing, inform the CEO accordingly. (2) Where: (a) an application is made under section 269TB of the Customs Act 1901 requesting the Minister to publish a dumping duty notice or a countervailing duty notice in respect of the goods the subject of the application; (b) the CEO has made a negative preliminary finding in relation to the application; and (c) the applicant refers the finding to the Authority for review; the Authority shall, after reviewing the finding and within 60 days after the finding is referred to it, confirm the finding, or reject the finding and substitute a finding to the effect that there are sufficient grounds for the publication of a dumping duty notice or countervailing duty notice in respect of the goods the subject of the application or that there will be sufficient grounds for such publication subsequent to the importation into Australia of such goods, and shall, by notice in writing, inform the CEO accordingly. (3) In conducting a review, the Authority shall not have regard to any information that was unavailable to the CEO at the time the CEO made the negative prima facie decision or the negative preliminary finding, as the case may be.