CTHRepealedAct
Customs Legislation (Anti-dumping Amendments) Act 1998
269TFWhat this Division is about
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#### 269TF What this Division is about
This Division sets out the role of the Minister in considering an anti‑dumping matter. The Minister will normally be acting after receipt of a report from the CEO. In particular, the Division:
• empowers the Minister to publish dumping duty notices or countervailing duty notices;
• empowers the Minister to accept undertakings rather than publish such notices;
• outlines the matters of which the Minister must be satisfied before publishing such notices or accepting such undertakings;
• indicates the period during which such notices or undertakings remain in force;
• sets out the circumstances in which such notices can extend to goods already exported.
52 Subsection 269TG(6)
Repeal the subsection, substitute:
(6) The Minister:
(a) may give a notice to an exporter under subsection (3D) whether or not the giving of such a notice has been recommended by the CEO in a report under section 269TEA; and
(b) may accept an undertaking whether or not the acceptance of such an undertaking has been recommended by the CEO in a recommendation under section 269TEB; and
(c) must not give a notice to an exporter under subsection (3D), or accept an undertaking from an exporter, before a preliminary affirmative determination, or an equivalent determination in an investigation conducted under section 269TAG, has been made that extends to that exporter; and
(d) must give public notice of any undertaking so accepted.
53 Subsection 269TG(10)
Omit “Authority”, substitute “CEO”.
54 Paragraphs 269TJ(3C)(a) and (b)
Repeal the paragraphs, substitute:
(a) may give a notice under subsection (2A) whether or not the giving of such a notice has been recommended by the CEO in a recommendation under section 269TEA; and
(b) may accept an undertaking whether or not the acceptance of such an undertaking has been recommended by the CEO in a recommendation under section 269TEB; and
55 Paragraph 269TJ(3C)(c)
Omit “a preliminary finding has been made”, substitute “a preliminary affirmative determination, or an equivalent determination in an investigation conducted under section 269TAG, has been made to the effect”.
56 Subsection 269TJ(3G)
Omit “of the Authority”, substitute “from the CEO”.
57 Subsections 269TJ(4), (5), (6), (7), (8), (9) and (10)
Repeal the subsections.
58 Subsection 269TL(1)
Omit “Anti-Dumping Authority”, substitute “ CEO”.
59 Subsection 269TL(2)
Repeal the subsection.
60 Paragraph 269U(1)(a)
Omit “paragraph 269TG(4)(a)”, substitute “subsection 269TG(3D)”.
61 Paragraph 269U(1)(b)
Omit “paragraph 269TJ(3)(a)”, substitute “subsection 269TJ(2A)”.
62 Before section 269V
Insert in Division 4 of Part XVB: