Customs Act 1901

Where the Minister is satisfied, as to any goods that have been exported to Australia:

that the amount of the export price of those goods is less than the amount of the normal value of those goods; and

that a countervailable subsidy has been received in respect of the goods; and

that, because of the combined effect of the difference between the 2 amounts referred to in paragraph (a) and of the subsidy referred to in paragraph (b):

material injury to an Australian industry producing like goods has been or is being caused or is threatened; or

the establishment of an Australian industry producing like goods has been or may be materially hindered;

Where the Minister is satisfied, as to goods of any kind:

that the amount of the export price of like goods that have already been exported to Australia is less than the amount of the normal value of those goods, and the amount of the export price of like goods that may be exported to Australia in the future may be less than the normal value of the goods; and

that a countervailable subsidy:

has been received in respect of goods the subject of the application that have already been exported to Australia; and

may be received in respect of like goods that may be exported to Australia in the future; and

that, because of the combined effect of the difference referred to in paragraph (a) and of the subsidy referred to in paragraph (b):

material injury to an Australian industry producing like goods has been or is being caused or is being threatened; or

the establishment of an Australian industry producing like goods has been or may be materially hindered;

If the Minister has had under consideration the export of a consignment of goods to Australia with a view to determining whether or not notices should be published in accordance with subsection (1) or (2), under both section 269TG and 269TJ in respect of the same goods, the Minister may defer the decision to publish or not to publish notices under both of those sections covering the exporter concerned if he or she is given and accepts:

an undertaking by the exporter under section 269TG, and an undertaking by the exporter under section 269TJ, in respect of the same goods; or

an undertaking by the exporter under section 269TG and an undertaking by the government of the country of origin, or of the country of export, of the goods in the consignment under section 269TJ.

If, in respect of the same consignment of goods, the Minister accepts 2 undertakings from the exporter of the goods or an undertaking from the exporter of the goods and an undertaking from the government of the country of origin or country of export of the goods, the Minister must be satisfied that the combined effect of the undertakings is not greater than is necessary to prevent material injury or the recurrence of material injury to an Australian industry producing like goods or to remove the actual or possible hindrance to the establishment of such an Australian industry.