(b) a trade union representing one or more persons employed in the Australian industry producing, or likely to produce, like goods to the goods the subject of the reviewable decision;
(c) a person who uses the goods the subject of the reviewable decision, or like goods, in the production or manufacture of other goods in Australia.
Note: Sections 269ZZX and 269ZZY set out requirements concerning confidential or sensitive commercial information that might be contained in a submission, including the need to accompany the submission with a summary of such information.
269ZZK The review
(1) If an application is not rejected under section 269ZZG, 269ZZH or 269ZZHA, the Review Panel must make a report to the Minister on the application by:
(a) recommending that the Minister affirm the reviewable decision; or
(b) recommending that the Minister revoke the reviewable decision and substitute a specified new decision.
(1A) For a reviewable decision referred to in paragraph 269ZZA(1)(a), (c), (ca) or (d), the Review Panel may make a recommendation referred to in paragraph (1)(b) of this section only if the new decision is materially different from the reviewable decision.
(2) A report under subsection (1) must set out the reasons for the Review Panel’s recommendation.
(3) A report under subsection (1) must be made:
(a) at least 30 days after the public notification of the review under section 269ZZI; but
(b) before the end of:
(i) unless subparagraph (ii) applies—the period of 60 days beginning on the day of that notification, or such longer period allowed by the Minister in writing because of special circumstances; or
(ii) if the Review Panel gives the Commissioner a notice under subsection 269ZZL(1)—the period of 30 days beginning on the day the Commissioner gives the Panel the report under subsection 269ZZL(2).
(4) Subject to subsections (4A) and (5) and subsection 269ZZHA(2), in making the recommendation, the Review Panel:
(a) must not have regard to any information other than the relevant information; and
(b) must only have regard to the relevant information and any conclusions based on the relevant information that are contained in the application for the review or in any submissions received under section 269ZZJ within the period of 30 days referred to in that section.
(4A) If the Review Panel gives the Commissioner a notice under subsection 269ZZL(1), then, in making the recommendation, the Review Panel must have regard to the report the Commissioner gives the Panel under subsection 269ZZL(2).
(5) The Review Panel must not have regard to a submission under subsection (4) if:
(a) the person giving the submission claims that information included in it is confidential or is information whose publication would adversely affect a person’s business or commercial interest; and
(b) the person fails to give a summary of that information to the Review Panel in accordance with section 269ZZY.
(6) In this section:
relevant information means:
(a) if the reviewable decision was made pursuant to an application under section 269TB—the information to which the Commissioner had had regard or was, under paragraph 269TEA(3)(a), required to have regard, when making the findings set out in the report under section 269TEA to the Minister in relation to the making of the reviewable decision; and
(b) if the reviewable decision was made pursuant to an investigation initiated by the Minister as mentioned in section 269TAG—the information:
(i) that was collected for the purposes of that investigation in accordance with the Minister’s requirements; and
(ii) that was before the Minister when the Minister made the reviewable decision; and
(c) if the reviewable decision was made because of an application under subsection 269ZA(1) or a request under subsection 269ZA(3)—the information the Commissioner had regard to, or was, under paragraph 269ZDA(3)(a), required to have regard to, when making the findings set out in the report under section 269ZDA to the Minister in relation to the making of the reviewable decision; and
(ca) if the reviewable decision was made because of an application under subsection 269ZDBC(1) or a request under subsection 269ZDBC(2)—the information the Commissioner had regard to, or was, under paragraph 269ZDBG(2)(a) or (aa), required to have regard to, when making the findings set out in the report under section 269ZDBG to the Minister in relation to the making of the reviewable decision; and
(d) if the reviewable decision was made because of an application under section 269ZHB—the information the Commissioner had regard to, or was, under paragraph 269ZHF(3)(a), required to have regard to, when making the findings set out in the report under section 269ZHF to the Minister in relation to the making of the reviewable decision.
269ZZL Review Panel may require reinvestigation by Commissioner before making recommendation to Minister
(1) Before making a recommendation under subsection 269ZZK(1) and before the end of the period of 60 days beginning on the day of the public notification of the review under section 269ZZI, the Review Panel may, by written notice, require the Commissioner to:
(a) reinvestigate a specific finding or findings that formed the basis of the reviewable decision; and
(b) report the result of the reinvestigation to the Panel within a specified period.
(2) The Commissioner must conduct a reinvestigation in accordance with the Review Panel’s requirements under subsection (1) and give the Panel a report of the reinvestigation concerning the finding or findings within the specified period.
(3) In a report under subsection (2), the Commissioner must:
(a) if the Commissioner is of the view that the finding or any of the findings the subject of reinvestigation should be affirmed—affirm the finding or findings; and
(b) set out any new finding or findings that the Commissioner made as a result of the reinvestigation; and
(c) set out the evidence or other material on which the new finding or findings are based; and
(d) set out the reasons for the Commissioner’s decision.
269ZZM Minister’s decision
(1) After receiving a report by the Review Panel under subsection 269ZZK(1), the Minister must:
(a) affirm the reviewable decision concerned; or
(b) revoke that decision and substitute a new decision.
(1A) The Minister must make a decision under subsection (1) within:
(a) 30 days after receiving the report; or
(b) if the Minister considers there are special circumstances that prevent the decision being made within that period—such longer period as the Minister considers appropriate.
(1B) If paragraph (1A)(b) applies, the Minister must give notice of the longer period on the Review Panel’s website.
(2) The Minister’s decision under subsection (1) takes effect from the time specified by the Minister.
(3) Without limiting subsection (1), the Minister may, under that subsection:
(a) publish a dumping duty notice or countervailing duty notice; or
(b) vary or revoke a dumping duty notice or countervailing duty notice; or
(c) revoke a dumping duty notice or countervailing duty notice and substitute another dumping duty notice or countervailing duty notice (as the case requires); or
(d) if the following apply:
(i) the reviewable decision is a decision by the Minister under subsection 269ZHG(1) not to secure the continuation of anti‑dumping measures;
(ii) those measures comprised a dumping duty notice or a countervailing duty notice;
(iii) the notice expired under subsection 269ZHG(3) on a day;
declare that the notice, as in force immediately before its expiry, is reinstated; or
(e) if the following apply:
(i) the reviewable decision is a decision by the Minister under subsection 269ZHG(1) not to secure the continuation of anti‑dumping measures;
(ii) those measures comprised the giving of an undertaking by a person;
(iii) the person was released from the undertaking under subsection 269ZHG(3);
(iv) the person, by notice in writing given to the Minister, agrees to the undertaking being reinstated;
declare that the undertaking, as in force immediately before the person was released from the undertaking, is reinstated.
(4) The Minister must give notice of his or her decision on the Review Panel’s website.
(5) In spite of section 269TM, any new dumping duty notice or countervailing duty notice published in the exercise of a power conferred on the Minister under subsection (3) or any such notice as varied or substituted in the exercise of that power, expires:
(a) in the case of a notice published after a review of a decision not to publish such a notice—5 years after the publication of the decision not to publish such a notice; or
(aa) in the case of a notice published where the following applies:
(i) the reviewable decision is a decision by the Minister under subsection 269ZHG(1) not to secure the continuation of anti‑dumping measures;
(ii) those measures comprised the giving of an undertaking by a person;
(iii) the person was released from the undertaking under subsection 269ZHG(3);
(iv) the person does not agree to the undertaking being reinstated;
5 years after the day the decision to publish the notice takes effect; or
(b) in the case of a varied or substituted notice—5 years after the publication of the original notice.
Example: If the reviewable decision relates to a dumping duty notice that was published on 1 July 1998, and if the Minister, following a review under this Division, revokes that notice and substitutes a new dumping duty notice on 1 January 1999, the substituted notice will expire on 1 July 2003.
(5A) A notice that is reinstated under subsection (1), as mentioned in paragraph (3)(d), expires 5 years after the day the decision to reinstate the notice takes effect, unless the reinstated notice is revoked before the end of that period.
(5B) An undertaking that is reinstated under subsection (1), as mentioned in paragraph (3)(e), expires 5 years after the day the decision to reinstate the undertaking takes effect, unless provision is made for its earlier expiration.
(6) If:
(a) the Minister makes a decision under subsection (1) to revoke or vary a dumping duty notice or countervailing duty notice (the original notice), or to revoke the original notice and substitute another notice, with effect from a date before the Minister’s decision; and
(b) an amount of interim duty has been paid on goods the subject of the original notice in excess of the amount of interim duty that would have been payable on those goods as a result of the Minister’s decision;
the person who paid the interim duty may apply for a refund of the excess under Division 3 of Part VIII.
Subdivision C—Review of Commissioner’s decisions
269ZZN Reviewable decisions
This Subdivision deals with the review of the following decisions:
(a) a decision by the Commissioner under subsection 269TC(1) or (2) to reject an application under subsection 269TB(1) or (2), as the case requires (a negative prima facie decision);
(b) a decision by the Commissioner to terminate an investigation under subsection 269TDA(1), (2), (3), (7), (13), (13A), (14) or (14A) (a termination decision);
(c) a decision by the Commissioner to make recommendations to the Minister under paragraph 269X(6)(b) or (c) (a negative preliminary decision);
(d) a decision (a rejection decision):
(i) by the Commissioner that the Commissioner is satisfied as described in subsection 269YA(2) or (3); or
(ii) by the Commissioner to terminate under subsection 269YA(4) examination of an application;
(e) a decision by the Commissioner to terminate an anti‑circumvention inquiry under subsection 269ZDBEA(1) or (2) (also a termination decision).
269ZZO Who may seek a review
The following table sets out who may make an application for a review under this Subdivision.
Persons who may apply for review
Item Reviewable decision Applicant
1 A negative prima facie decision under subsection 269TC(1) rejecting an application made under subsection 269TB(1) The person who made the application under subsection 269TB(1)
2 A negative prima facie decision under subsection 269TC(2) rejecting an application under subsection 269TB(2) The person who made the application under subsection 269TB(2)
3 A termination decision under subsection 269TDA(1), (2), (3), (7), (13), (13A), (14) or (14A) The person who made the application for the dumping duty notice or countervailing duty notice
4 A negative preliminary decision under paragraph 269X(6)(b) or (c) The person who made the application for an assessment of duty under section 269V that relates to the decision
5 A rejection decision The applicant under section 269V for an assessment of duty whose application was affected by the decision
6 A termination decision under subsection 269ZDBEA(1) or (2) The applicant under subsection 269ZDBC(1) for the conduct of the anti‑circumvention inquiry
269ZZP When must an application be made?
An application for a review must be made within 30 days after the applicant was notified of the reviewable decision concerned by the Commissioner.
269ZZQ How must an application be made?
(1) An application must:
(a) be in writing; and
(b) be in accordance with a form approved under section 269ZY; and
(c) contain such information as the form requires; and
(d) be signed in the manner indicated in the form; and
(e) be made in the manner approved under section 269ZY; and
(f) be accompanied by the fee prescribed in an instrument under subsection (2).
Note: Sections 269ZZX and 269ZZY set out requirements concerning confidential or sensitive commercial information that might be contained in an application for a review of a termination decision, including the need to accompany the application with a summary of such information.
(1A) Without limiting paragraph (1)(c), an application must:
(a) contain a statement setting out the grounds on which the applicant believes the reviewable decision is not the correct or preferable decision; and
(b) contain a statement setting out the decision (the proposed decision) that the applicant considers the Commissioner should have made; and
(c) contain a statement setting out how the grounds mentioned in paragraph (a) support the making of the proposed decision; and
(d) for a decision referred to in paragraph 269ZZN(c)—contain a statement setting out how the proposed decision is materially different from the reviewable decision.
Fee
(2) The Minister may, by legislative instrument, prescribe a fee for the purposes of paragraph (1)(f).
(3) The instrument may prescribe different fees for different kinds of applications or different kinds of applicants.
(4) The instrument may make provision for, and in relation to, the refund or waiver of any fee.
269ZZQAA Withdrawal of application
(1) An applicant may withdraw an application for a review.
(2) The withdrawal must:
(a) be in writing; and
(b) be made in the manner approved under section 269ZY for making applications for a review.
269ZZQA Rejection of application—failure to establish decision not the correct or preferable decision etc.
(1) If one or more of the following apply:
(a) the Review Panel is not satisfied that an application sets out reasonable grounds for the reviewable decision not being the correct or preferable decision;
(b) the Review Panel is not satisfied that the grounds mentioned in paragraph 269ZZQ(1A)(a) support the making of the proposed decision (see paragraph 269ZZQ(1A)(b));
(c) for a decision referred to in paragraph 269ZZN(c)—the Review Panel is not satisfied that the proposed decision (see paragraph 269ZZQ(1A)(b)) is materially different from the reviewable decision;
the Review Panel may, by notice given to the applicant, request the applicant to give the Review Panel, within the period specified in the notice, further information in relation to those matters.
(2) The Review Panel may reject an application if at any time after the end of the 30‑day period referred to in section 269ZZP:
(a) the Review Panel is not satisfied that the applicant has given the Review Panel information setting out reasonable grounds for the reviewable decision not being the correct or preferable decision; or
(b) the Review Panel is not satisfied that the grounds mentioned in paragraph 269ZZQ(1A)(a) support the making of the proposed decision (see paragraph 269ZZQ(1A)(b)); or
(c) for a decision referred to in paragraph 269ZZN(c)—the Review Panel is not satisfied that the proposed decision (see paragraph 269ZZQ(1A)(b)) is materially different from the reviewable decision.
(3) Subsection (2) applies whether or not a notice is given under subsection (1).
(4) Nothing in subsection (1) prevents the Review Panel from seeking further information from an applicant within the period specified in a notice under subsection (1).
(5) If:
(a) the Review Panel does not, under this Subdivision, reject an application; and
(b) in relation to information given by the applicant setting out the grounds for the reviewable decision not being the correct or preferable decision:
(i) the Review Panel is satisfied that one or more of those grounds (the reviewable grounds) are reasonable grounds for the reviewable decision not being the correct or preferable decision; and
(ii) the Review Panel is satisfied that one or more of those grounds (the non‑reviewable grounds) are not reasonable grounds for the reviewable decision not being the correct or preferable decision;
then:
(c) the Review Panel must accept the reviewable grounds and must conduct the review in relation to those grounds and no other grounds; and
(d) the Review Panel must reject the non‑reviewable grounds.
269ZZR Rejection of application for review of termination decision
The Review Panel must reject an application for a review of a termination decision if: