Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269ZDBC

Applications by Australian industry

  (1)   If:

  (a)   a notice (an original notice ) has been published under subsection   269TG(2) or 269TJ(2) in respect of goods; and

  (b)   a person representing, or representing a portion of, the Australian industry producing like goods considers that one or more circumvention activities in relation to the notice have occurred; and

  (c)   the person considers that it may be appropriate to alter the notice because of the circumvention activities;

the person may, by application lodged with the Commissioner, request that the Commissioner conduct an anti - circumvention inquiry in relation to the notice.

  (1A)   If:

  (a)   a person lodges an application under subsection   (1) with the Commissioner; and

  (b)   the person describes, in the application, circumvention activity, in relation to the original notice, within the meaning of subsection   269ZDBB(5A); and

  (c)   the Commissioner publishes a notice (the inquiry notice ) under subsection   269ZDBE(4) because of the application;

the person must not lodge another application under subsection   (1) of this section describing circumvention activity, in relation to the original notice, within the meaning of subsection   269ZDBB(5A), within 12 months after the day the inquiry notice was published.

Requests by Minister

  (2)   If:

  (a)   a notice (an original notice ) has been published under subsection   269TG(2) or 269TJ(2) in respect of goods; and

  (b)   the Minister considers that one or more circumvention activities in relation to the notice have occurred; and

  (c)   the Minister considers that it may be appropriate to alter the notice because of the circumvention activities;

the Minister may, by notice in writing, request that the Commissioner conduct an anti - circumvention inquiry in relation to the original notice.