Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269ZD

             (1)  If the CEO publishes a notice under subsection 269ZC(4), (5) or (6) in relation to the review of anti-dumping measures, he or she must, within the time limit specified for so doing on that notice, place on the public record a statement of the facts (the statement of essential facts ) on which the CEO proposes to base a recommendation to the Minister in relation to the review of those measures.

             (2)  Subject to subsection (3), in formulating the statement of essential facts, the CEO:

                     (a)  must have regard to:

                              (i)  the application or request; and

                             (ii)  any submissions relating generally to the review that are received by Customs within 40 days after the publication of the notice under subsection 269ZC(4), (5) or (6); and

                            (iii)  any other submission received by Customs relating generally to the review if, in the CEO's opinion, having regard to the submission would not prevent the timely placement of the statement of essential facts on the public record; and

                     (b)  may have regard to any other matters that the CEO considers relevant.

             (3)  The CEO is not obliged to have regard to any submissions relating generally to the review that are received by Customs after the end of the period referred to in subparagraph (2)(a)(ii) if to do so would, in the CEO's opinion, prevent the timely placement of the statement of essential facts on the public record.