Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269TAACA

  (1)   If:

  (a)   one of the following applies:

  (i)   there is an investigation under this Part   in relation to whether a countervailing duty notice should be published;

  (ii)   there is a review under Division   5 in relation to the publication of a countervailing duty notice;

  (iii)   there is an inquiry under Division   6A in relation to the continuation of a countervailing duty notice; and

  (b)   the Commissioner is satisfied that an entity covered by subsection   (2):

  (i)   has not given the Commissioner information the Commissioner considers to be relevant to the investigation, review or inquiry within a period the Commissioner considers to be reasonable; or

  (ii)   has significantly impeded the investigation, review or inquiry;

then, in relation to the investigation, review or inquiry, in determining whether a countervailable subsidy has been received in respect of particular goods, or in determining the amount of a countervailable subsidy in respect of particular goods, the Commissioner or the Minister:

  (c)   may act on the basis of all the facts available to the Commissioner or the Minister (as the case may be); and

  (d)   may make such assumptions as the Commissioner or the Minister (as the case may be) considers reasonable.

  (2)   For the purposes of paragraph   (1)(b), the entities are as follows:

  (a)   any person who is or is likely to be directly concerned with the importation or exportation into Australia of goods to which the investigation, review or inquiry relates or who has been or is likely to be directly concerned with the importation or exportation into Australia of like goods;

  (b)   the government of the country of export or country of origin:

  (i)   of goods to which the investigation, review or inquiry relates that have been, or are likely to be, exported to Australia; or

  (ii)   of like goods that have been, or are likely to be, exported to Australia.