Commonwealth Numbered Acts

Customs Tariff (Anti-Dumping) Amendment Act 1984 No. 1 of 1984 - SECT 9

9. Section 10 of the Principal Act is amended-

   (a)  by omitting sub-section (2A) and substituting the following
        sub-section:

''(2A) Where the export of a consignment of goods to Australia has been under
consideration by the Minister with a view to determining whether or not a
declaration should be made under this section in relation to the goods in the
consignment or to goods of the same kind as the goods in the consignment, the
Minister may-

   (a)  give notice in writing to the Government of the country of origin, or
        of the country of export, of the goods in the consignment or to the
        exporter of the goods in the consignment stating that-

        (i)    the Minister is of the opinion that it would be appropriate for
               the Government or exporter to whom the notice is given to give
               an undertaking in accordance with paragraph (b); and

        (ii)   an undertaking in the terms set out in the notice may be
               satisfactory to the Minister; and

   (b)  whether or not a notice has been given to the Government of the
        country of origin, or of the country of export, or to the exporter in
        accordance with paragraph (a), suspend indefinitely his consideration
        of the export of that consignment if he is given and accepts-

        (i)    an undertaking by the Government of the country of origin, or
               of the country of export, of the goods in the consignment, in
               terms that are satisfactory to the Minister, that that
               Government will, in relation to any future export trade to
               Australia in goods of the same kind as the goods in the
               consignment, review any financial assistance by that Government
               and make any changes that may be found to be necessary to avoid
               causing or threatening material injury to an Australian
               industry or hindering the establishment of an Australian
               industry; or

        (ii)   an undertaking by the exporter of the goods in the consignment,
               in terms that are satisfactory to the Minister, that the
               exporter will so conduct his future export trade to Australia
               in goods of the same kind as the goods in the consignment as to
               avoid causing or threatening material injury to an Australian
               industry or hindering the establishment of an Australian
               industry.'';

   (b)  by inserting after sub-section (5) the following sub-section:

''(5A) In exercising his powers under sub-section (5) in relation to
countervailing duty in respect of goods to which this section applies by
virtue of sub-section (1) or (2), the Minister shall have regard to the
desirability of ensuring that the amount of countervailing duty in respect of
those goods is not greater than is necessary to prevent the injury or a
recurrence of the injury, or to remove the hindrance, referred to in paragraph
(1) (b) or (2) (b), as the case requires.''; and

   (c)  by omitting sub-section (7) and substituting the following
        sub-section:

''(7) Where the Minister is satisfied that sufficient information has not been
furnished or is not available to enable the amount of any subsidy, bounty,
reduction or remission of freight or other financial assistance in relation to
goods to be ascertained under the preceding sub-sections, that amount shall be
such amount as is determined by the Minister having regard to all relevant
information.''.