8AAuthority may make recommendations of continuation of dumping duty notices etc.

##### 8A Authority may make recommendations of continuation of dumping duty notices etc. (1) Not later than 8 months before an anti‑dumping measure expires, the Authority must, subject to subsections (1A) and (1B), publish in the Gazette and in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory, a notice: (a) informing that the dumping duty notice, countervailing duty notice or undertaking is due to expire on a specified day (the specified expiry day); and (b) inviting interested parties to apply to the Authority in accordance with this section, within 60 days, for the continuation of the anti‑dumping measure. (1A) If the Minister makes a declaration under paragraph 269ZG(3)(b) of the Customs Act 1901, the original dumping duty notice or countervailing duty notice and that notice as modified because of that declaration are both to be treated, for the purpose of this section as if they had been issued at the time of the issue of the original notice. (1B) Subsection (1) does not apply in relation to an anti‑dumping measure due to expire more than 8 months after the transfer day. (2) If no application is received by the Authority within the period specified in the notice then, on the specified expiry day: (a) the dumping duty notice expires; or (b) the countervailing duty notice expires; or (c) the person who gave the undertaking is taken to be released from the undertaking; as the case requires. (3) An application must: (a) be in writing; and (b) be in an approved form; and (c) contain such information as the form requires; and (d) be signed in the manner indicated in the form. (4) If: (a) an application is received for the continuation of an anti‑dumping measure; and (b) the Authority is satisfied that the application complies with the requirements of this section; the Authority must, within 120 days or such other period as is prescribed after the receipt of the application, give the Minister a report recommending whether the measure should be continued. (5) For the purpose of giving the Minister a report in respect of a matter, the Authority must hold an inquiry into the matter. (7) If an inquiry is held under subsection (5), the Authority must have regard to all the submissions it receives within the period specified in the notice of inquiry under section 23 but may disregard any submission received after the end of that period. (7A) The Authority must not recommend the continuation of an anti‑dumping measure unless it is satisfied that the expiration of the notice would lead, or would be likely to lead, to a continuation of, or recurrence of the material injury that the anti‑dumping measure is intended to prevent. (8) The Minister may, after having regard to the report in relation to the continuation of an anti‑dumping measure and before the specified expiry day, take steps to secure the continuation of the measure. (9) If the Minister does not take steps to secure the continuation of an anti‑dumping measure before the specified expiry day, the measure expires in accordance with section 269TM of the Customs Act 1901. (10) If the Minister decides to secure 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.