Customs Act 1901

A person who:

if application has been made for publication of a dumping duty notice in respect of goods—is an exporter of such goods; or

if application has been made for publication of a countervailing duty notice in respect of goods—is the government of the country of export, or is an exporter, of such goods;

The Commissioner must consider whether he or she is satisfied that those terms are adequate to remove the injury, or the threat of injury, to which the application is addressed so far as the government or exporter offering the undertaking is concerned and, by notice in writing:

if the Commissioner is so satisfied—recommend to the Minister that he or she accept the undertaking; or

if the Commissioner is not so satisfied—indicate to the government or exporter the reasons why he or she is not so satisfied.

A government or an exporter may, having regard to those reasons, indicate to the Commissioner that the government or exporter is prepared to give an undertaking to the Minister in revised terms.

If an undertaking in revised terms is proposed to the Commissioner, the Commissioner must:

if he or she is not satisfied that the undertaking as so revised is adequate to remove the injury, or the threat of injury, to which the application is addressed—inform the government or exporter to that effect; and

if he or she is so satisfied—recommend to the Minister that the Minister accept the undertaking as revised.

If the Minister accepts the undertaking proposed by a government, investigation of the application is suspended so far as it relates to goods exported from that country.

If the Minister accepts the undertaking proposed by an exporter, investigation of the application is suspended so far as it relates to goods exported by that exporter.

If:

investigation of an application is suspended:

so far as it relates to goods exported from a particular country; or

so far as it relates to goods exported by a particular exporter;

that government or exporter breaches that undertaking;

Without limiting the generality of subsection (7), the Minister may, in writing, require the Commissioner to resume the investigation so far as it relates to goods exported from the country, or by the exporter, who breached the undertaking subject to such conditions as to the conduct of the investigation as the Minister considers appropriate.

In determining the steps to be taken in order to facilitate the resumption of an investigation, and, where the Minister requires that the Commissioner resume the investigation, to determine the conditions on which the resumed investigation is to be conducted, the Minister must have regard to:

the procedures that had been completed when the undertaking was accepted; and

the length of time that has elapsed since the acceptance of the undertaking.

The Commissioner is not obliged to consider the terms of any proposed undertaking provided by a government or an exporter if to do so would prevent the timely making of a recommendation by the Commissioner to the Minister under section 269TEA.

If the Commissioner does not recommend the acceptance of an undertaking under this section, the Commissioner may nonetheless recommend to the Minister that he or she seek an undertaking from the government or exporter who proposed the undertaking and set out the terms of the undertaking that he or she recommends the Minister seek.