a financial contribution:

by a government of the country of export or country of origin of the goods; or

by a public body of that country or a public body of which that government is a member; or

by a private body entrusted or directed by that government or public body to carry out a governmental function;

a direct transfer of funds from that government or body; or

the acceptance of liabilities, whether actual or potential, by that government or body; or

the forgoing, or non-collection, of revenue (other than an allowable exemption or remission) due to that government or body; or

the provision by that government or body of goods or services otherwise than in the course of providing normal infrastructure; or

the purchase by that government or body of goods or services; or

any form of income or price support as referred to in Article XVI of the General Agreement on Tariffs and Trade 1994 that is received from such a government or body;

eligibility for, and the amount of, the subsidy are established by objective criteria or conditions set out in primary or subordinate legislation or other official documents that are capable of verification; and

eligibility for the subsidy is automatic; and

those criteria or conditions are neutral, do not favour particular enterprises over others, are economic in nature and are horizontal in application; and

those criteria or conditions are strictly adhered to in the administration of the subsidy.

a government of a country;

a public body of a country;

a public body of which a government of a country is a member;

a private body entrusted or directed by a government of a country or by such a public body to carry out a governmental function.

the provision of equity capital from a government or body referred to in subsection (2) does not confer a benefit unless the decision to provide the capital is inconsistent with normal investment practice of private investors in the country concerned;

the making of a loan by a government or body referred to in subsection (2) does not confer a benefit unless the loan requires the enterprise receiving the loan to repay a lesser amount than would be required for a comparable commercial loan which the enterprise could actually obtain;

the guarantee of a loan by a government or body referred to in subsection (2) does not confer a benefit unless the enterprise receiving the guarantee is required to repay on the loan a lesser amount than would be required for a comparable commercial loan without that guarantee;

the provision of goods or services by a government or body referred to in subsection (2) does not confer a benefit unless the goods or services are provided for less than adequate remuneration;

the purchase of goods or services by a government or body referred to in subsection (2) does not confer a benefit unless the purchase is made for more than adequate remuneration.

if the determination is being made for the purposes of section 269TJ or 269TK:

the amount of the countervailable subsidy in respect of the goods the subject of each of the exportations exceeds the negligible level of countervailable subsidy worked out under subsection 269TDA(16); and

the volume of each of those exportations is not negligible; and

in an investigation, for the purpose of the application, of goods the subject of the application that have been, or may be, exported to from a particular country of export, the CEO is satisfied that the injury, if any, to an Australian industry or an industry in a third country that has been, or may be, caused by that export is negligible;

investigations that are initiated on or after the commencement of that item; and

investigations that were initiated before that commencement but that were not completed before that commencement.

an application under subsection 269ZDBC(1), or a request under subsection 269ZDBC(2), for the conduct of an anti-circumvention inquiry in relation to a notice published under subsection 269TG(2) or 269TJ(2) in respect of goods; or

(a) goods in the form of individual parts (the circumvention goods) are exported to Australia;

those parts are manufactured in a foreign country in respect of which the notice applies;

(c) those parts are assembled in Australia, whether or not with other parts, to create goods (the assembled goods) that would be the subject of the notice if they were exported to Australia by an exporter in respect of which the notice applies;

the total value of the parts manufactured in that foreign country is a significant proportion of the value of the assembled goods;

section 8 or 10 of the Dumping Duty Act, as the case requires, does not apply to the export of the circumvention goods to Australia.

(a) goods in the form of individual parts are manufactured in a foreign country (the original country) in respect of which the notice applies;

(b) those parts are assembled in a foreign country in respect of which the notice does not apply, whether or not with other parts, to create goods (the circumvention goods) that would be the subject of the notice if they were exported to Australia by an exporter in respect of which the notice applies;

the circumvention goods are exported to Australia;

the total value of the parts manufactured in the original country is a significant proportion of the customs value (within the meaning of section 159) of the circumvention goods;

section 8 or 10 of the Dumping Duty Act, as the case requires, does not apply to the export of the circumvention goods to Australia.

(a) goods (the circumvention goods) are exported to Australia from a foreign country in respect of which the notice does not apply;

before that export, there were one or more other exports of the goods from a foreign country to another foreign country;

the first of those other exports was from a foreign country in respect of which the notice applies;

the circumvention goods would be the subject of the notice if they were exported to Australia by an exporter in respect of which the notice applies;

section 8 or 10 of the Dumping Duty Act, as the case requires, does not apply to the export of the circumvention goods to Australia.

(a) goods (the circumvention goods) are exported to Australia from a foreign country in respect of which the notice applies;

the exporter exported the circumvention goods under an arrangement with another exporter from that foreign country;

the other exporter is an exporter in respect of which the notice applies;

the circumvention goods would be the subject of the notice if they were exported to Australia by the other exporter;

either:

section 8 or 10 of the Dumping Duty Act, as the case requires, does not apply to the export of the circumvention goods to Australia; or

section 8 or 10 of the Dumping Duty Act, as the case requires, applies to the export of the circumvention goods to Australia, but the interim duty payable in relation to that export is less than the interim duty that would have been payable if the other exporter had exported the goods to Australia.

(a) 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;

(a) 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;

be in writing; and

be in an approved form; and

contain such information as the form requires; and

be signed in the manner indicated by the form.

a description of the kind of goods that are the subject of the original notice; and

a description of the original notice the subject of the application; and

a description of the circumvention activities in relation to the original notice that the applicant considers have occurred; and

a description of the alterations to the original notice that the applicant considers should be made.

by leaving it at a place allocated for lodgement of such applications at Customs House in ; or

by posting it by prepaid post to a postal address specified in the approved form; or

by sending it by fax to a fax number specified in the approved form.

examine the application; and

if the CEO is not satisfied, having regard to the application and any other information that the CEO considers relevant, of either or both of the matters referred to in subsection (2)—reject the application and inform the applicant, by notice in writing, accordingly.

that the application complies with section 269ZDBD; and

that there appear to be reasonable grounds for asserting that one or more circumvention activities in relation to the original notice have occurred.

describe the kind of goods to which the inquiry relates; and

describe the original notice the subject of the inquiry; and

state that the inquiry will examine whether circumvention activities in relation to the original notice have occurred; and

indicate that a report will be made to the Minister:

within 155 days after the day of publication of the inquiry notice; or

within such longer period as the Minister allows under section 269ZHI; and

invite interested parties to lodge with the CEO, within a specified period of not more than 40 days after the day of publication of the inquiry notice, submissions concerning the inquiry; and

state that:

within 110 days after the publication of the inquiry notice; or

within such longer period as the Minister allows under section 269ZHI;

invite interested parties to lodge with the CEO, within 20 days of that statement being placed on the public record, submissions in response to that statement; and

indicate the address at which, or the manner in which, submissions under paragraph (e) or (g) may be lodged.

within 110 days after the publication of the notice under subsection 269ZDBE(4) or (5); or

within such longer period as the Minister allows under section 269ZHI;

must have regard to:

the application or request; and

any submissions concerning the inquiry that are received by Customs within 40 days after the publication of the notice under subsection 269ZDBE(4) or (5); and

may have regard to any other matters that the CEO considers relevant.

the original notice remain unaltered; or

the following:

the original notice be altered because the CEO is satisfied that circumvention activities in relation to the original notice have occurred;

the alterations to be made to the original notice.

must have regard to:

the application or request for the inquiry; and

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

that statement of essential facts; and

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

may have regard to any other matter that the CEO considers to be relevant to the inquiry.

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

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

the original notice is to remain unaltered; or

the alterations specified in the declaration are taken to have been made to the original notice, with effect on and after a day specified in the declaration.

the specification of different goods that are to be the subject of the original notice;

the specification of different foreign countries that are to be the subject of the original notice;

the specification of different exporters that are to be the subject of the original notice;

in relation to existing exporters that are the subject of the original notice—the specification of different variable factors in respect of one or more of those exporters;

in relation to exporters that are to be the subject of the original notice—the specification of variable factors in respect of those exporters.

30 days after receiving the report; or

if the Minister considers there are special circumstances that prevent the declaration being made within that period—such longer period as the Minister considers appropriate.

(a) the Gazette; and

a newspaper circulating in each State, in the and in the .

an extension of the 110-day period referred to in subsection 269ZDBF(1);

an extension of the 155-day period referred to in subsection 269ZDBG(1);

if there was an application under subsection 269ZDBC(1) that led to the making of the reviewable decision—the applicant in relation to that application;

a decision by the Minister under subsection 269ZDBH(1);

for a decision referred to in paragraph 269ZZA(1)(ca)—a notice of the decision is first published in a newspaper under subsection 269ZDBH(1); or

if the reviewable decision was made because of an application under subsection 269ZDBC(1) or a request under subsection 269ZDBC(2)—the information the CEO had regard to, or was, under paragraph 269ZDBG(2)(a), required to have regard to, when making the findings set out in the report under section 269ZDBG to the Minister in relation to the making of the reviewable decision; and

conduct constituting circumvention activity occurring wholly after the commencement of this item; and

conduct constituting circumvention activity occurring wholly before the commencement of this item; and

conduct constituting circumvention activity occurring partly before and partly after the commencement of this item.

an investigation under this Part in relation to whether a dumping duty notice should be published; or

a review under Division 5 in relation to the publication of a dumping duty notice; or

an inquiry under Division 6A in relation to the continuation of a dumping duty notice;

the exporter’s exports were examined as part of the investigation, review or inquiry; and

the exporter was not an uncooperative exporter in relation to the investigation, review or inquiry.

an investigation under this Part in relation to whether a dumping duty notice should be published; or

a review under Division 5 in relation to the publication of a dumping duty notice; or

an inquiry under Division 6A in relation to the continuation of a dumping duty notice;

the exporter’s exports were not examined as part of the investigation, review or inquiry; and

the exporter was not an uncooperative exporter in relation to the investigation, review or inquiry.

an investigation under this Part in relation to whether a dumping duty notice should be published; or

a review under Division 5 in relation to the publication of a dumping duty notice; or

an inquiry under Division 6A in relation to the continuation of a dumping duty notice;

the CEO was satisfied that the exporter did not give the CEO information the CEO considered to be relevant to the investigation, review or inquiry within a period the CEO considered to be reasonable; or

the CEO was satisfied that the exporter significantly impeded the investigation, review or inquiry.

one of the following applies:

there is an investigation under this Part in relation to whether a dumping duty notice or countervailing duty notice should be published;

there is a review under Division 5 in relation to the publication of a dumping duty notice or countervailing duty notice;

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

the number of exporters from a particular country of export in relation to the investigation, review or inquiry is so large that it is not practicable to examine the exports of all of those exporters;

who constitute a statistically valid sample of those exporters; or

who are responsible for the largest volume of exports to that can reasonably be examined.

there is an investigation under this Part in relation to whether a dumping duty notice should be published;

there is a review under Division 5 in relation to the publication of a dumping duty notice;

there is an inquiry under Division 6A in relation to the continuation of a dumping duty notice;

if the export price of goods for an uncooperative exporter is to be worked out in relation to the investigation, review or inquiry—that export price is to be worked out under subsection 269TAB(3); and

if the normal value of goods for an uncooperative exporter is to be worked out in relation to the investigation, review or inquiry—that normal value is to be worked out under subsection 269TAC(6).

one of the following applies:

there is an investigation under this Part in relation to whether a dumping duty notice should be published;

there is a review under Division 5 in relation to the publication of a dumping duty notice;

there is an inquiry under Division 6A in relation to the continuation of a dumping duty notice; and

the investigation, review or inquiry is carried out on the basis of information obtained from an examination of a selected number of exporters as mentioned in subsection 269TACAA(1);

if the export price of goods for a residual exporter is to be worked out in relation to the investigation, review or inquiry—that export price must not be less than the weighted average of export prices for like goods of cooperative exporters from the same country of export; and

if the normal value of goods for a residual exporter is to be worked out in relation to the investigation, review or inquiry—that normal value must not exceed the weighted average of normal values for like goods of cooperative exporters from the same country of export.

that there is no dumping; or

that the dumping margin, when expressed as a percentage of the export price or weighted average of export prices used to establish that dumping margin, is less than 2%.

an application made to the CEO under section 269TB requesting that the Minister publish a dumping duty notice or a countervailing duty notice in respect of the goods the subject of the application; or

an application under subsection 269ZA(1), or a request under subsection 269ZA(3), for review of anti-dumping measures taken in respect of goods; or

an application under section 269ZHB for a continuation of anti-dumping measures taken in respect of goods;

in the case of an application—the applicant; and

a person or body representing, or representing a portion of, the industry producing, or likely to be established to produce, like goods; and

any person who is or is likely to be directly concerned with the importation or exportation into Australia of the goods the subject of the application or request or who has been or is likely to be directly concerned with the importation or exportation into Australia of like goods; and

any person who is or is likely to be directly concerned with the production or manufacture of the goods the subject of the application or request or of like goods that have been, or are likely to be, exported to Australia; and

a trade organisation a majority of whose members are, or are likely to be, directly concerned with the production or manufacture of the goods the subject of the application or request or of like goods, with their importation or exportation into Australia or with both of those activities; and

the government of the country of export or country of origin:

of goods the subject of the application or request that have been, or are likely to be, exported to ; or

of like goods that have been, or are likely to be, exported to Australia; and

a trade union representing one or more persons employed in the Australian industry producing, or likely to produce, like goods; and

a person who uses the goods the subject of the application or request, or like goods, in the production or manufacture of other goods in Australia.

in an investigation, for the purposes of the application, of goods the subject of the application that have been, or may be, exported to from a particular country of export, the CEO is satisfied that the injury, if any, to an Australian industry or an industry in a third country, or the hindrance, if any, to the establishment of an Australian industry, that has been, or may be, caused by that export is negligible;

(a) Subsection 2(1) (item 3) of the Statute Law Revision Act (No. 1) 2014 provides as follows: