Customs Amendment (Anti-dumping Improvements) Act (No. 2) 2012 (206 of 2012)

Schedule 1  

Customs Act 1901

9   Paragraphs 269ZHG(4)(a), (b) and (c)

Repeal the paragraphs, substitute:

(a) to the extent that the measures comprise the publication of a dumping duty notice or a countervailing duty notice:

(i) by the Minister determining, in writing, that the notice continues in force after the specified expiry day; or

(ii) by the Minister determining, in writing, that the notice continues in force after the specified expiry day but that, after that day, the notice ceases to apply in relation to a particular exporter or to a particular kind of goods; or

(iii) by the Minister determining, in writing, that the notice continues in force after the specified expiry day but that, after that day, the notice has effect, in relation to a particular exporter or to exporters generally, as if the Minister had fixed different specified variable factors in relation to that exporter or to exporters generally,relevant to the determination of duty; and

(b) to the extent that the measures involve the acceptance of an undertaking:

(i) by the person who gave the undertaking agreeing to extend it beyond the specified expiry day (without any variation) or, if the person will not so agree, by the Minister publishing a dumping duty notice or a countervailing duty notice to take effect on the day after the specified expiry day in substitution for the undertaking; or

(ii) by the person who gave the undertaking agreeing to extend it beyond the specified expiry day with the variations sought by the Minister or, if the person will not so agree, by the Minister publishing a dumping duty notice or a countervailing duty notice to take effect on the day after the specified expiry day in substitution for the undertaking.