Customs Act 1901

In this section:

a decision of the Commissioner under section 269TC or 269TD; or

a decision contained in a report by the Commissioner under section 269ZZL.

a recommendation included in a report prepared by the Commissioner under section 269TEA, 269ZDA, 269ZDBG, 269ZG or 269ZHF; or

a recommendation by the Commissioner to the Minister under section 269TEB or 269X.

If the Commissioner is required, in making a recommendation or decision, to determine any matter ordinarily required to be determined by the Minister under this Act or the Dumping Duty Act, the Commissioner must determine the matter:

in like manner as if he or she were the Minister; and

having regard to the considerations to which the Minister would be required to have regard if the Minister were determining the matter.

Subsection (2) applies in respect of goods that have not been imported into Australia at the time of the Commissioner’s determination of a matter in respect of those goods as if:

the Commissioner’s determination of the matter were being made after an importation of those goods into Australia; and

the importation had occurred at the time of the anticipated importation of those goods into Australia.

Nothing in this section implies that the determination of a matter by the Commissioner affects the power of the Minister to make a final determination in respect of that matter for the purposes of the Dumping Duty Act.