Commonwealth Numbered Acts

Customs Tariff (Anti-Dumping) Amendment Act 1984 No. 1 of 1984 - SECT 6

6. After section 5 of the Principal Act the following section is inserted:
Material injury to industry

''5A. (1) In determining, for the purposes of section 8 or 10, whether
material injury to an Australian industry has been or is being caused or is
threatened or would or might have been caused, or whether the establishment of
an Australian industry has been materially hindered, by reason of any
circumstances in relation to the exportation of goods to Australia from
another country (in this sub-section referred to as the 'country of export'),
the Minister may, without limiting the generality of that section, have regard
to-

   (a)  the quantity of goods of that kind that, during a particular period,
        have been or are likely to be exported to Australia from the country
        of export;

   (b)  any increase or likely increase, during a particular period, in the
        quantity of goods of that kind exported to Australia from the country
        of export;

   (c)  any change or likely change, during a particular period, in the
        proportion that-

        (i)    the quantity of goods of that kind exported to Australia from
               the country of export and sold or consumed in Australia; or

        (ii)   the quantity of goods of that kind, or like goods, produced or
               manufactured in the Australian industry and sold or consumed in
               Australia,

bears to the quantity of goods of that kind, or like goods, sold or consumed
in Australia;

   (d)  the export price that has been or is likely to be paid by importers
        for goods of that kind exported to Australia from the country of
        export;

   (e)  the difference between-

        (i)    the price that has been or is likely to be paid for goods of
               that kind, or like goods, produced or manufactured in the
               Australian industry and sold in Australia; and

        (ii)   the price that has been or is likely to be paid for goods of
               that kind exported to Australia from the country of export and
               sold in Australia;

   (f)  the effect that the exportation of goods of that kind to Australia
        from the country of export in those circumstances has had or is likely
        to have on the price paid for goods of that kind, or like goods,
        produced or manufactured in the Australian industry and sold in
        Australia;

   (g)  the effect that the exportation of goods of that kind to Australia
        from the country of export in those circumstances has had or is likely
        to have on the relevant economic factors in relation to the Australian
        industry; and

   (h)  in a case where the determination is being made for the purposes of
        section 10 and the goods are agricultural products-whether the
        exportation of goods of that kind to Australia from the country of
        export in those circumstances has given or is likely to give rise to a
        need for financial or other support, or an increase in financial or
        other support, for the Australian industry from the Commonwealth
        Government.

''(2) In determining, for the purposes of section 9 or 11, whether material
injury to a producer or manufacturer in a third country has been or is being
caused or is threatened or would or might have been caused by reason of any
circumstances in relation to the exportation of goods to Australia from
another country (in this sub-section referred to as the 'country of export'),
the Minister may, without limiting the generality of that section, have regard
to-

   (a)  the quantity of goods of that kind that, during a particular period,
        have been or are likely to be exported to Australia from the country
        of export;

   (b)  any increase or likely increase, during a particular period, in the
        quantity of goods of that kind exported to Australia from the country
        of export;

   (c)  any change, or likely change, during a particular period, in the
        proportion that-

        (i)    the quantity of goods of that kind exported to Australia from
               the country of export and sold or consumed in Australia; or

        (ii)   the quantity of goods of that kind, or like goods, produced or
               manufactured by the producer or manufacturer in the third
               country and sold or consumed in Australia,

bears to the quantity of goods of that kind, or like goods, sold or consumed
in Australia;

   (d)  the export price that has been or is likely to be paid by importers
        for goods of that kind exported to Australia from the country of
        export;

   (e)  the difference between-

        (i)    the price that has been or is likely to be paid for goods of
               that kind, or like goods, produced or manufactured by the
               producer or manufacturer in the third county and sold in
               Australia; and

        (ii)   the price that has been or is likely to be paid for goods of
               that kind exported to Australia from the country of export and
               sold in Australia;

   (f)  the effect that the exportation of goods of that kind to Australia
        from the country of export in those circumstances has had or is likely
        to have on the price paid for goods of that kind, or like goods,
        produced or manufactured by the producer or manufacturer in the third
        country and sold in Australia; and

   (g)  the effect that the exportation of goods of that kind to Australia
        from the country of export in those circumstances has had or is likely
        to have on the relevant economic factors in relation to the producer
        or manufacturer in the third country.

''(3) A reference in sub-section (1) or (2) to the relevant economic factors
in relation to an Australian industry, or in relation to a producer or
manufacturer in a third country, in relation to goods of a particular kind
exported to Australia is a reference to-

   (a)  the quantity of goods of that kind, or like goods, produced or
        manufactured in the industry or by the producer or manufacturer;

   (b)  the degree of utilization of the capacity of the industry, producer or
        manufacturer to produce or manufacture goods of that kind, or like
        goods;

   (c)  the quantity of goods of that kind, or like goods, produced or
        manufactured in the industry or by the producer or manufacturer-

        (i)    for which there are sales or forward orders; or

        (ii)   which are held as stocks;

   (d)  the value of sales of, or forward orders for, goods of that kind, or
        like goods, produced or manufactured in the industry or by the
        producer or manufacturer;

   (e)  the level of profits earned in the industry, or by the producer or
        manufacturer, that are attributable to the production or manufacture
        of goods of that kind, or like goods;

   (f)  the level of return on investment in the industry or in the business
        of the producer or manufacturer;

   (g)  cash flow in the industry or in the business of the producer or
        manufacturer;

   (h)  the number of persons employed, and the level of wages paid to persons
        employed, in the industry or by the producer or manufacturer in
        relation to the production or manufacture of goods of that kind, or
        like goods;

   (j)  the share of the market in Australia for goods of that kind, or like
        goods, that is held by goods of that kind, or like goods, produced or
        manufactured in the industry or by the producer or manufacturer;

   (k)  the ability of persons engaged in the industry, or of the producer or
        manufacturer, to raise capital in relation to the production or
        manufacture of goods of that kind, or like goods; and

   (m)  investment in the industry or in the business of the producer or
        manufacturer.''.