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Thursday, 27 April 1961

4.   - (1.) If the Minister is satisfied, in respect of goods that are produced or manufactured in a particular country and have been or are being exported to Australia -

(a)   that a subsidy, bounty, reduction or remission of freight or other financial assistance has been or is being paid or granted directly or indirectly upon the production, manufacture, carriage or export of those goods; and

(b)   that the importation of those goods is causing or threatening injury to the trade in the Australian market of producers or manufacturers in a third country of like or directly competitive goods, the Minister may cause a notice to be published in the Gazette specifying the goods as to which he is so satisfied. (2.) Upon the publication of a notice under this clause, there shall be charged, collected and paid to the use of the Queen for the purposes of the Commonwealth, on goods specified in the notice imported into Australia, a special duty (in this clause referred to as " the third country countervailing duty "). (3.) The amount of the third country countervailing duty in respect of any goods is a sum equal to the amount of the subsidy, bounty, reduction or remission of freight or other financial assistance referred to in sub-clause (1.) of this clause. (4.) If the Minister is of opinion that adequate information as to the amount of subsidy, bounty, reduction or remission of freight or other financial assistance cannot be obtained, the amount of subsidy, bounty, reduction or remission of freight or other financial assistance shall, for the purpose of this clause, be such as is determined by the Minister. (5.) In this clause, "financial assistance" includes the benefit accruing to an exporter from the use of dual or multiple rates of exchange in relation to the proceeds of export sales.

Injury not to Include Insubstantial Injury.

5.   A reference in any of the last four preceding clauses to an injury does not include a reference to an insubstantial injury and a reference in clause one or three of this paragraph to the hindering of the establishment of an Australian industry does not include a reference to an insubstantial hindrance to the establishment of such an industry.

EmergencyDuty.

6.   - (1.) If the Minister is satisfied that any goods that are produced or manufactured in a particular country have been or are being imported into Australia under such conditions as to cause or threaten serious injury -

(a)   to producers or manufacturers In Aus tralia of like or directly competitive goods; or

(b)   to producers or manufacturers in a third country of like or directly competitive goods that are dutiable at a rate applicable under the British Preferential Tariff or at a rate lower than the rate that would be applicable under that tariff, he may cause a notice to be published in the Gazette specifying the goods as to which he is so satisfied. (2.) Upon the publication of a notice under this clause, there shall be charged, collected and paid to the use of the Queen for the purposes of the Commonwealth, on goods specified in the notice imported into Australia, a special duty (in this clause referred to as " the emergency duty "). (3.) The amount of the emergency duty in respect of any goods is a sum equal to the amount, if any, by which the landed duty-paid cost of the goods is less than a reasonably competitive landed duty-paid cost ascertained as determined by the Minister. (4.) In making a determination under the last preceding sub-clause in relation to goods produced or manufactured in a particular country, the Minister shall, iflike or directly competitive goods produced or manufactured in another country are being imported into Australia, have regard to the landed duty-paid cost of the last-mentioned goods (5.) In this clause, " the landed duty-paid cost " means -

(a)   in relation to goods that have been purchased by the importer - the amount, expressed in Australian currency, that is equal to the cost to the importer (including the amount of any duty of customs other than the emergency duty) of the goods landed in Australia; or

(b)   in relation to any other goods (including goods consigned by the producer or manufacturer of the goods for sale in Australia) - the amount, expressed in Australian currency, that would have been the landed duty-paid cost, in accordance with the last preceding paragraph, if the person who owned the goods at the time of their importation into Australia had, before the goods were imported, sold them to a person in Australia and that lastmentioned person had imported them into Australia. (6.) Where, in relation to any goods, the Minister is of opinion that -

(a)   it is difficult to ascertain the landed dutypaid cost; o;

(b)   the purchase price or any other item of cost to be included in the landed dutypaid cost was not fixed in good faith on a commercial basis, the Minister may determine the landed duty-paid cost, having regard to costs of production and manufacture in the country in which the goods were produced or manufactured and other relevant matters.

Notices not to be Published if Inconsistent with International Obligations.

7.   The Minister shall not cause a notice to be published under sub-clause (1.) of clause two, four or six of this paragraph unless he is satisfied that the publication of the notice is not inconsistent with the obligations of the Commonwealth under any international agreement relating to tariffs or trade.

Duties to be Charged Separately.

8.   The several duties specified in the preceding clauses of this paragraph shall be separately charged, notwithstanding that more than one duty applies to any particular goods.

Ascertainment of Equivalent Amount in Australian Currency for Purpose of Calculating Duty.

9.   - (1.) For the purpose of calculating the amount of any duty payable under this Proposal in respect of any goods, the equivalent amount in Australian currency of an amount calculated in a currency other than Australian currency shall be ascertained in accordance with a fair rate of exchange at the date of exportation of the goods. (2.) For the purpose of. this clause, the Minister may, where he considers it desirable so to do for the avoidance of doubt, specify, by notice published in the Gazette, a rate that is to be deemed to be, or to have been, a fair rate of exchange in relation to a currency -

(a)   on a date, or during a period, preceding the date of publication of the notice; or

(b)   from and including the date of publication of the notice, or an earlier date specified in the notice, until the revocation of the notice. (3.) The rate of exchange specified in relation to a currency in pursuance of the last preceding sub-clause shall, for the purpose of calculating the amount of duty payable on any goods exported on the date or during the period to which the rate so specified applies, be the rate of exchange that shall be applied for the purpose of sub-clause (1.) of this clause in respect of the currency specified in the notice.







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