(a) to the extent that the measures comprise the publication of a dumping duty notice or a countervailing duty notice:
(i) by the Minister determining, in writing, that the notice continues in force after the specified expiry day; or
(ii) by the Minister determining, in writing, that the notice continues in force after the specified expiry day but that, after that day, the notice ceases to apply in relation to a particular exporter or to a particular kind of goods; or
(iii) by the Minister determining, in writing, that the notice continues in force after the specified expiry day but that, after that day, the notice has effect, in relation to a particular exporter or to exporters generally, as if the Minister had fixed different specified variable factors in relation to that exporter or to exporters generally, relevant to the determination of duty; and
(b) to the extent that the measures involve the acceptance of an undertaking:
(i) by the person who gave the undertaking agreeing to extend it beyond the specified expiry day (without any variation) or, if the person will not so agree, by the Minister publishing a dumping duty notice or a countervailing duty notice to take effect on the day after the specified expiry day in substitution for the undertaking; or
(ii) by the person who gave the undertaking agreeing to extend it beyond the specified expiry day with the variations sought by the Minister or, if the person will not so agree, by the Minister publishing a dumping duty notice or a countervailing duty notice to take effect on the day after the specified expiry day in substitution for the undertaking.
(5) If the Minister secures the continuation of anti‑dumping measures in accordance with this section, the measures continue in force for 5 years after the specified expiry day unless:
(a) in the case of a dumping duty notice or a countervailing duty notice—the notice is revoked before the end of that period; or
(b) in the case of an undertaking—provision is made for its earlier expiration.
Division 7—Procedural and evidentiary matters
269ZHH What this Division is about
This Division:
• enables extension of various periods for doing things under this Part if the Minister is satisfied it is necessary;
• provides for the giving of public notice of decisions and determinations under this Part;
• provides for the Commissioner to maintain a public record of investigations, reviews and inquiries conducted by the Commissioner under this Part.
269ZHI Minister may extend certain periods of time
(1) The Commissioner may give the Minister a written request for one or more of the following:
(a) an extension of the 110‑day period referred to in subsection 269TDAA(1);
(b) an extension of the 155‑day period referred to in subsection 269TEA(1);
(c) an extension of the 155‑day period referred to in subsection 269X(1);
(d) an extension of the 110‑day period referred to in subsection 269ZD(1);
(e) an extension of the 155‑day period referred to in subsection 269ZDA(1);
(ea) an extension of the 110‑day period referred to in subsection 269ZDBF(1);
(eb) an extension of the 155‑day period referred to in paragraph 269ZDBG(1)(a);
(ec) an extension of the 100‑day period referred to in paragraph 269ZDBG(1)(b);
(f) an extension of the 110‑day period referred to in subsection 269ZHE(1);
(g) an extension of the 155‑day period referred to in subsection 269ZHF(1).
(2) The Commissioner must give reasons for the request.
(3) The Minister may approve a request if the Minister is satisfied that it is reasonable to do so. The Minister must notify the Commissioner of the extension period.
(4) If the Minister refuses a request, the Minister must notify the Commissioner of the refusal.
(5) The Minister may grant more than one extension of a period referred to in subsection (1).
269ZI Public notice
(1) If a person or body is required or empowered to give public notice of a decision or determination but the provision requiring or empowering the giving of that notice does not specify where the notice is to be given, it is to be published on the Anti‑Dumping Commission’s website.
(2) If a person or body is required or empowered to give public notice of a decision or determination, whether because of subsection (1) or otherwise, that person or body must:
(a) set out in the notice particulars of the decision or determination made; and
(b) set out in the notice, or in a separate report to which the notice refers, the reasons for the decision or determination including all material findings of fact or law on which the decision or determination is based; and
(c) if a person has a right to have the decision or determination reviewed by another body or referred to another body for review—set out in the notice full particulars of those rights; and
(d) if the material findings of fact or law are contained in a separate report—ensure that copies of the report are freely available and that the manner of obtaining a copy is set out in the notice.
(3) A person or body required or empowered to give public notice of a decision or determination must:
(a) ensure that a copy of the notice and, where appropriate, of a report to which the notice refers, is provided to each country whose exporters are affected by the decision or determination; and
(b) give a copy of the report to each other interested party known to be affected by the decision or determination.
(4) If the Commissioner gives public notice of a decision under paragraph 269TD(4)(b) to require securities in respect of interim duty that may become payable, the particulars of the decision to require those securities as set out in the notice should include, in particular:
(a) the names of the exporters of the goods concerned, or, where this is impracticable, the name of the country or countries of export concerned; and
(b) a description of the goods either in terms of an item of the Customs Tariff Act 1995 or otherwise; and
(c) in the case of an application for the publication of a notice under section 269TG or 269TH:
(i) particulars of dumping margins established in relation to each of the exporters involved; and
(ii) an explanation of the methods used to compare export prices and normal values to establish those dumping margins;
(d) in the case of an application for the publication of a notice under section 269TJ or 269TK—the amount of subsidy established in relation to each of the exporters involved; and
(e) the considerations relevant to the determination of material injury to an industry, or of material hindrance to the establishment of an industry, for the purposes of the preliminary affirmative determination.
(5) If the Minister gives public notice:
(a) of a decision under section 269TG or 269TH to publish a dumping duty notice; or
(b) of a decision under section 269TL not to publish such a notice;
then, for the purposes of the public notice:
(c) the particulars of the decision should include:
(i) the matters referred to in paragraphs (4)(a), (b) and (c); and
(ii) particulars of the export price and normal value of the goods concerned ascertained, or last ascertained, for the purposes of subsection 269TG(1) or (2) or 269TH(1) or (2); and
(iii) any considerations relevant to a determination of material injury to an industry, or of material hindrance to the establishment of an industry, for the purposes of the decision; and
(d) if the decision involves any retrospective imposition of duty—the reasons for the decision should include the basis for the retrospective imposition of duty.
(6) If the Minister gives public notice:
(a) of a decision under section 269TJ or 269TK to publish a countervailing duty notice; or
(b) of a decision under section 269TL not to publish such a notice;
then, for the purposes of the public notice:
(c) the particulars of the decision should include:
(i) the matters referred to in paragraphs (4)(a), (b) and (d); and
(ii) particulars of the countervailable subsidy received in respect of the goods concerned ascertained, or last ascertained, for the purposes of subsection 269TJ(1) or (2) or 269TK(1) or (2); and
(iii) any considerations relevant to a determination of material injury, to an industry or of material hindrance to the establishment of an industry, for the purposes of the decision; and
(d) if the decision involves any retrospective imposition of duty—the reasons for the decision should include the basis for the retrospective imposition of duty.
(7) If the Minister gives public notice under subsection 269TG(6) of a decision to accept an undertaking by an exporter of goods, the particulars of the decision to accept that undertaking should include, in particular:
(a) the name of the exporter of the goods concerned; and
(b) a description of the goods either in terms of an item of the Customs Tariff Act 1995 or otherwise; and
(c) the price below which, in accordance with the terms of the undertaking, the goods will not be sold for export to Australia.
(8) If the Minister gives public notice under subsection 269TJ(3C) of a decision to accept an undertaking given by a government of a country of export in relation to the export trade to Australia in like goods, the particulars of the decision to accept that undertaking should include, in particular:
(a) the name of the government of the country of export; and
(b) a description of the goods either in terms of an item of the Customs Tariff Act 1995 or otherwise; and
(c) details of the changes proposed to be made to the countervailable subsidy provided by that government in respect of those goods.
(9) If, a person or body is required or empowered to give public notice of a decision or determination:
(a) the person or body must ensure that the notice given does not contain any information that is claimed to be confidential or to be information whose publication would adversely affect a person’s business or commercial interests; but
(b) if it is practicable to do so, the person or body should include in the notice a summary of that information in a form that allows a reasonable understanding of the information without breaching that confidentiality or adversely affecting those interests.
(10) Nothing in this section limits the operation of another provision of this Part that specifies the matters that must be included in a public notice.
269ZJ Commissioner to maintain public record for certain purposes
(1) The Commissioner must, in relation to each application received under section 269TB that leads to an investigation, each application or request under section 269ZA that leads to a review, each application or request under section 269ZDBC that leads to an inquiry and each application under section 269ZHB that leads to an inquiry:
(a) maintain a public record of the investigation, review or inquiry conducted for the purposes of the application or request, containing, subject to subsection (2), a copy of all submissions from interested parties, the statement of essential facts compiled in respect of that investigation, review or inquiry, and a copy of all relevant correspondence between the Commissioner and other persons; and
(b) draw the attention of all interested parties to the existence of the public record, and to their entitlement to inspect that record; and
(c) at the request of an interested party, make the record available to that party for inspection.
(2) To the extent that information given to the Commissioner by a person is claimed to be confidential or to be information whose publication would adversely affect a person’s business or commercial interests, the person giving that information must ensure that a summary of that information:
(a) that contains sufficient detail to allow a reasonable understanding of the substance of the information; but
(b) that does not breach that confidentiality or adversely affect those interests;
is given to the Commissioner for inclusion in the public record.
(3) A person is not required to give the Commissioner a summary of information under subsection (2) for inclusion in the public record if the person satisfies the Commissioner that there is no way such a summary can be given to allow a reasonable understanding of the substance of the information.
(4) If oral information is given to the Commissioner by a person, the Commissioner must not take that information into account unless it is subsequently put in writing by the person or by the Commissioner and thereby becomes available, subject to considerations of confidentiality and to the need to protect business and commercial interests, as a part of the public record.
(5) If:
(a) in relation to an application under subsection 269TB(1) or (2), 269ZA(1) or 269ZDBC(1) or section 269ZHB or to a request under subsection 269ZA(3) or 269ZDBC(2), a person claims that information is confidential or would adversely affect a person’s business or commercial interests; and
(b) the Commissioner indicates to the party that he or she disagrees with the claim;
but, despite the opinion of the Commissioner, the person making the claim will not:
(c) agree to the inclusion of the information in the public record; or
(d) prepare a summary of the information for inclusion in that record;
the Commissioner may disregard the information unless it is demonstrated that the information is correct.
(6) If:
(a) in relation to an application under subsection 269TB(1) or (2), 269ZA(1) or 269ZDBC(1) or section 269ZHB or to a request under subsection 269ZA(3) or 269ZDBC(2), a person claims that information is confidential or would adversely affect a person’s business or commercial interests; and
(b) the Commissioner indicates to the party that he or she agrees with the claim;
but the person making the claim will not prepare a summary of the information for inclusion in that record, the Commissioner may disregard the information unless it is demonstrated that the information is correct.
Division 8—Review Panel
269ZK What this Division is about
This Division establishes the Review Panel. It:
• deals with the appointment of members to the Panel; and
• deals with the terms and conditions for members; and
• provides for the provision of resources to the Panel; and
• regulates the disclosure of information in the Panel’s control.
269ZL Establishment of Review Panel
The Review Panel is established by this section.
269ZM Membership of the Review Panel
The Review Panel consists of the following members:
(a) a Senior Member;
(b) at least 2 other members.
269ZN Review Panel’s powers
The Review Panel has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Part in relation to the review of certain decisions made by the Minister or the Commissioner.
Note: Sections 269ZZA and 269ZZN set out these reviewable decisions.
269ZO Protection of members
A member of the Review Panel has, in the performance of his or her duties as a member, the same protection and immunity as a Justice of the High Court.
269ZP Appointment of members
(1) Each member of the Review Panel is to be appointed by the Minister by written instrument.
(2) A member of the Review Panel holds office on a part‑time basis.
(3) The Minister must not appoint an officer of Customs, the Commissioner or a Commission staff member as a member of the Review Panel.
(4) A person must not be appointed as a member of the Review Panel unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
269ZQ Period of appointment for members
A member of the Review Panel holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.
269ZR Terms and conditions of appointment
(1) A member of the Review Panel holds office on such terms and conditions as are determined in writing by the Minister.
(2) An office of Review Panel member is not a public office for the purposes of Part II of the Remuneration Tribunal Act 1973.
269ZS Disclosure of interests to the Minister
A member of the Review Panel must give written notice to the Minister of any direct or indirect pecuniary interest that the member has or acquires and that conflicts or could conflict with the proper performance of the member’s functions.
269ZT Outside employment
A member of the Review Panel must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s duties.
269ZTA Resignation
(1) A member of the Review Panel may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
269ZTB Termination of appointment
(1) The Minister may terminate the appointment of a member of the Review Panel for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of a member of the Review Panel if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the member engages in paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of the member’s duties (see section 269ZT); or
(c) the member fails, without reasonable excuse, to comply with section 269ZS; or
(d) the member is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.
269ZTC Acting appointments
The Minister may, by written instrument, appoint a person to act as a member of the Review Panel: