Minister may take anti‑dumping measures on own initiative
269TAG Minister may take anti‑dumping measures on own initiative
Nothing in this Part implies that the Minister cannot initiate an investigation into the need to take anti‑dumping measures in respect of goods although no application has been made under section 269TB for the taking of such measures in respect of such goods.
An investigation under subsection (1) must be carried out in accordance with the Minister’s written requirements instead of the requirements set out in this Part.
The Minister may, subject to subsection (4), take anti‑dumping measures as a result of the investigation as if the investigation had been carried out under this Part.
The Minister must not take such anti‑dumping measures unless the Minister:
has determined any matters which the Minister would be required to determine; and
is satisfied of any matters of which the Minister would be required to be satisfied;
in order to take those measures if the investigation had been carried out in accordance with the requirements of the other provisions of this Part.
The Minister must ensure that:
his or her instructions under subsection (2) for the conduct of an investigation referred to in subsection (1); and
his or her actions in taking any anti‑dumping measures as a result of such an investigation;
are consistent with Australia’s international obligations under the World Trade Organization Agreement.
The anti‑dumping measures taken and any matters determined to permit the taking of those measures are to be treated, for all purposes of this Act and the Dumping Duty Act, as measures taken, and matters determined, under the relevant provisions of this Part.
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