Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the Commissioner publishes a notice under subsection 269ZDBE(4) or (5) about the conduct of an anti - circumvention inquiry in relation to an original notice and subparagraph 269ZDBE(6)(d)(i) applies, the Commissioner must:
(a) within 110 days after the publication of the notice under subsection 269ZDBE(4) or (5); or
(b) within such longer period as the Minister allows under section 269ZHI;
place on the public record a statement of the facts (the statement of essential facts ) on which the Commissioner proposes to base a recommendation to the Minister in relation to the original notice.
Note: For original notice , see section 269ZDBC.
(2) In formulating the statement of essential facts, the Commissioner:
(a) must have regard to:
(i) the application or request; and
(ii) any submissions concerning the inquiry that are received by the Commissioner within 37 days after the publication of the notice under subsection 269ZDBE(4) or (5); and
(b) may have regard to any other matters that the Commissioner considers relevant.
Late submissions
(3) The Commissioner is not obliged to have regard to a submission concerning the inquiry that is received by the Commissioner after the end of the period referred to in subparagraph (2)(a)(ii) if to do so would, in the Commissioner's opinion, prevent the timely placement of the statement of essential facts on the public record.