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CUSTOMS ACT 1901 - SECT 269ZCC

Consideration of applications and requests for extensions of reviews

  (1)   If an application under section   269ZCA is lodged with the Commissioner, the Commissioner must, within 20 days after receiving the application:

  (a)   examine the application; and

  (b)   if the Commissioner is not satisfied, having regard to the application and to any other information that the Commissioner considers relevant, of one or more of the matters referred to in subsection   (2)--reject the application and inform the applicant, by notice in writing, accordingly.

  (2)   For the purposes of subsection   (1), the matters to be considered in relation to an application are:

  (a)   that the application complies with section   269ZCB; and

  (b)   that the Commissioner is satisfied that there appear to be reasonable grounds for recommending that the anti - dumping measures are no longer warranted.

  (3)   The notice informing the applicant of the rejection of the application must set out the reasons why the Commissioner was not satisfied of one or more of the matters set out in subsection   (2).

  (4)   If the Commissioner decides not to reject an application, the Commissioner must publish a notice on the Anti - Dumping Commission's website in accordance with subsection   (8).

  (5)   If the Commissioner considers (either as a result of an application under section   269ZCA or on the Commissioner's own initiative) that the review applied for should be extended to include any additional matter, the Commissioner may, within 40 days after the publication of the notice under subsection   269ZC(4), (5) or (6) relating to the review, recommend to the Minister that the review be extended accordingly.

  (6)   If:

  (a)   anti - dumping measures have been taken in respect of goods; and

  (b)   an application under subsection   269ZA(1) for review of anti - dumping measures has been made; and

  (c)   the Minister considers (either as a result of a recommendation from the Commissioner under subsection   (5) of this section or on the Minister's own initiative) that there appear to be reasonable grounds to extend the review applied for to include any additional matter;

the Minister may, within 60 days of the publication of the relevant notice under subsection   269ZC(4), (5) or (6), by notice in writing, request that the Commissioner extend the review applied for accordingly.

  (7)   If the Commissioner is requested under this section by the Minister to extend a review of anti - dumping measures, the Commissioner must, on receipt of that request, publish a notice on the Anti - Dumping Commission's website indicating that it is proposed to so extend the review.

  (8)   The notice published by the Commissioner under subsection   (4) or (7) must:

  (a)   describe the kind of goods to which the relevant review of anti - dumping measures relates; and

  (b)   describe the measures to which the review relates; and

  (c)   if the Commissioner is satisfied that there may be reasonable grounds for the Commissioner making a revocation recommendation--state that fact; and

  (d)   invite affected parties to lodge with the Commissioner submissions concerning the extended review.


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