Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 269ZDBG

Commissioner recommendations

  (1)   The Commissioner must, after conducting an anti - circumvention inquiry in relation to an original notice and within:

  (a)   if subparagraph   269ZDBE(6)(d)(i) applies--155 days after the day the notice under subsection   269ZDBE(4) or (5) about the inquiry is published or such longer period as the Minister allows under section   269ZHI; or

  (b)   if subparagraph   269ZDBE(6)(d)(ii) applies--100 days after the day the notice under subsection   269ZDBE(4) or (5) about the inquiry is published or such longer period as the Minister allows under section   269ZHI;

give the Minister a report recommending:

  (c)   the original notice remain unaltered; or

  (d)   the following:

  (i)   the original notice be altered because the Commissioner is satisfied that circumvention activities in relation to the original notice have occurred;

  (ii)   the alterations to be made to the original notice.

Note:   For original notice , see section   269ZDBC.

  (2)   In deciding on the recommendations to be made to the Minister in the report, the Commissioner:

  (a)   if paragraph   (1)(a) applies--must have regard to:

  (i)   the application or request for the inquiry; and

  (ii)   any submission concerning the inquiry to which the Commissioner has had regard for the purpose of formulating the statement of essential facts in relation to the inquiry; and

  (iii)   that statement of essential facts; and

  (iv)   any submission made in response to that statement that is received by the Commissioner within 20 days after the placing of that statement on the public record; and

  (aa)   if paragraph   (1)(b) applies--must have regard to:

  (i)   the application or request for the inquiry; and

  (ii)   any submission concerning the inquiry that is received by the Commissioner within 37 days after the publication of the notice under subsection   269ZDBE(4) or (5); and

  (b)   in any case--may have regard to any other matter that the Commissioner considers to be relevant to the inquiry.

Late submissions

  (3)   The Commissioner is not obliged to have regard to a submission made in response to the statement of essential facts that is received by the Commissioner after the end of the period referred to in subparagraph   (2)(a)(iv) if to do so would, in the Commissioner's opinion, prevent the timely preparation of the report to the Minister.

  (3A)   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)(aa)(ii) if to do so would, in the Commissioner's opinion, prevent the timely preparation of the report to the Minister.

Reasons for Commissioner recommendations

  (4)   The report to the Minister must include a statement of the Commissioner's reasons for any recommendation contained in the report that:

  (a)   sets out the material findings of fact on which that recommendation is based; and

  (b)   provides particulars of the evidence relied on to support those findings.