CTHRepealedAct
Customs Legislation (Anti-dumping Amendments) Act 1998
269ZHGPowers of the Minister in relation to continuation of anti‑dumping measures
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#### 269ZHG Powers of the Minister in relation to continuation of anti‑dumping measures
(1) After considering the report of the CEO and any other information that the Minister considers relevant, the Minister must, by notice published in accordance with subsection (2), declare whether or not the Minister has decided to take steps to secure the continuation of the anti-dumping measures concerned.
(2) A notice under subsection (1) must be published:
(a) before the expiry day specified in the notice; and
(b) in the Gazette, and a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory.
(3) If the Minister declares that he or she has decided not to secure the continuation of the anti-dumping measures, then, on the specified expiry day:
(a) to the extent that the measures comprise a dumping duty notice—that notice expires; and
(b) to the extent that the measures comprise a countervailing duty notice—that notice expires; or
(c) to the extent that the measures comprise the giving of an undertaking—the person who gave the undertaking is taken to be released from the undertaking and the investigation giving rise to the undertaking is terminated;
as the case requires.
(4) If the Minister declares that he or she has decided to secure the continuation of the anti-dumping measures, the continuation of those measures is so secured:
(a) to the extent that the measures comprise the publication of a dumping duty notice—by the Minister determining, in writing, that the notice continues in force after the specified expiry day; and
(b) to the extent that the measures comprise the publication of a countervailing duty notice—by the Minister determining, in writing, that the notice continues in force after the specified expiry day; and
(c) to the extent that the measures involve the acceptance of an undertaking—by the person who gave the 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 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.
75 Before section 269ZI
Insert in Division 7 of Part XVB: