Applications and requests for conduct of an anti‑circumvention inquiry
269ZDBC Applications and requests for conduct of an anti‑circumvention inquiry
Applications by Australian industry
If:
a notice (an original notice) has been published under subsection 269TG(2) or 269TJ(2) in respect of goods; and
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
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.
If:
a person lodges an application under subsection (1) with the Commissioner; and
the person describes, in the application, circumvention activity, in relation to the original notice, within the meaning of subsection 269ZDBB(5A); and
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
If:
a notice (an original notice) has been published under subsection 269TG(2) or 269TJ(2) in respect of goods; and
the Minister considers that one or more circumvention activities in relation to the notice have occurred; and
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.
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