Commonwealth Numbered Acts

CUSTOMS LEGISLATION (WORLD TRADE ORGANIZATION AMENDMENTS) ACT 1994 No. 150 of 1994 - SECT 19

19. Section 269TF of the Principal Act is amended:

   (a)  by adding at the end of subsection (1) the following word and
        paragraph:

"; or (c) a decision by the Comptroller under section 269TDA to terminate an
investigation so far as it relates to a particular exporter or country of
export.";

   (b)  by omitting from subsection (2) "a notice in the Gazette and in a
        newspaper as required under subsection 269TC(4)" and substituting "a
        public notice of the substituted decision";

   (c)  by adding at the end the following subsections:



"(4) If the Authority decides, on a review of a decision to terminate an
investigation, to substitute a preliminary finding for the decision to
terminate:

   (a)  this Act has effect, subject to paragraphs (b), (c) and (d), as if the
        substituted finding were a preliminary finding of the Comptroller; and

   (b)  the Comptroller must publish a public notice of the substituted
        finding; and

   (c)  if the substituted finding is a preliminary finding that there are
        sufficient grounds for publication of a dumping duty notice or a
        countervailing duty notice, the substituted finding is to be treated
        as if it had been duly referred to the Authority under paragraph
        269TD(2)(b); and

   (d)  if the substituted finding is a preliminary finding that there are
        sufficient grounds for the publication of such a notice, the
        Comptroller may exercise the powers specified in paragraph
        269TD(2)(c).



"(5) If the investigation is remitted to the Comptroller, the Comptroller
must, for the purpose of the further investigation of that exporter, treat the
matter as if he or she had just made a decision under subsection 269TC(4) in
respect of the matter and give public notice of a new investigation of the
matter accordingly.



"(6) For the purpose of any investigation of a matter remitted to the
Comptroller, an interested party may request the Comptroller to treat a
submission duly made by it in the prior investigation of the matter as a
submission made for the purposes of the remitted matter and, where the party
does so, the submission must be treated as if duly received for the purpose of
the further investigation.".