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Wednesday, 5 December 1973
Page: 2454

Clause 26-

Where it appears to the Minister that urgent action may be necessary to protect an industry, in relation to the importati on of any goods, pending receipt and consideration of a report of the Commission in relation to those goods, he may request the Chairman to nominate a Commissioner to undertake an inquiry, either in relation to the importation of those goods generally or in relation to the importation of those goods from a particular country or countries, and to report to the Minister-

Clause 27-

(1   ) Upon receipt of a request under section 26, the Chairman shall, by writing signed by him, nominate a Commissioner to undertake the inquiry, and the Commissioner shall forthwith undertake the inquiry.

(2)   A Commissioner undertaking an inquiry under this section may conduct the inquiry in such a manner as he thinks fit.

Clause 28-

(   1 ) A Commissioner undertaking an inquiry under section 27 shall, as soon as practicable but not later than thirty days after the date on which he is nominated to undertake the inquiry, report to the Minister on the matters that are the subject of the inquiry.

(2)   Where the Commissioner reports that it is necessary that urgent action be taken to protect an industry in relation to the importation of any goods-

(a)   if the Commissioner reports that the protection can appropriately be provided by means of, or by means of measures that include, a temporary duty- the Commissioner shall also report what should be the rate of that duty; and

(b)   if the Commissioner reports that the protection can appropriately be provided by means of, or by means of measures that include, the temporary prohibition or restriction of the importation of those goods- the Commissioner shall also indicate in the report the extent to which the protection should be so provided.

Clause 29-

(   1 ) Notwithstanding sub-section 23 (3), where-

(a)   a Commissioner has, under section 28, reported that it is necessary that urgent action be taken to protect an industry in relation to the importation of any goods and that the protection can appropriately be provided by means of, or by means of measures that include, a temporary duty; and

(b)   the Minister has referred to the Commission for inquiry and report the matter of whether duties should be imposed on those goods or the matter of whether the rates of duties imposed on those goods should be increased, the Minister may take action for the purpose of the collection of a duty in respect of those goods (in addition to any existing duty) at a rate not exceeding the rate specified in the report of the Commissioner and not to operate after the expiration of a period of three months from the date upon which the Minister receives the report of the Commission upon the reference.

Clause 30-

(   1 ) Notwithstanding 23 (3), where-

(a)   a Commissioner has, under section 28, reported that it is necessary that urgent action be taken to protect an industry in relation to the importation of any goods and that the protection can appropriately be provided by means of, or by means of measures that include, the temporary prohibition or restriction of the importation of those goods; and

Clause 31-

This Part applies in relation to a report made by a special advisory authority under Part V of the Tariff Board Act 1921-1972 (including Part V of that Act as continued in force by sub-section 3 (6) of this Act) as if the report had been made by a Commissioner under this Part.







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