 
  WORLD TRADE  
ORGANIZATION  G/ADP/N/1/AUS/2/Suppl.2 
2 February 2004 
 
 (04-0366) 
Committee on Anti-Dumping Practices Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
 
AUSTRALIA 
 
Supplement
 
 
  The following communication, dated 30 January  2004, has been received from the Permanent 
Mission of Australia. 
 
_______________ 
 
  Pursuant to Article 18.5 of the WTO Agre ement on Implementation of Article VI of 
GATT 1994 (Anti-Dumping Agreement), please find attached relevant parts of the Customs 
Legislation Amendment Act (No. 1) 2003  and the corresponding Customs Amendment Regulations 
2003 (No. 9) .   
 G/ADP/N/1/AUS/2/Suppl.2 
Page 2  
 
 CUSTOMS LEGISLATION AMENDMENT ACT (NO.1) 2003 
NO. 119, 2003 
 
An Act to Amend the Customs Act 1901  and for Related Purposes 
 
CONTENTS 
 
Pages  
 
1. Short title .................................................................................................................... ...............3  
2. Commencement................................................................................................................... ......3  
3. Schedule(s).................................................................................................................... .............3  
I. SCHEDULE 1 – ANTI-DUMPING MEASURES..................................................................4  
A. PART 1 – ECONOMIES IN TRANSITION .........................................................................................4  
 Customs Act 1901 
B. PART 2—C UMULATIVE EFFECT OF EXPORTS TO AUSTRALIA .....................................................6  
 Customs Act 1901 
C. PART 3—R EFERENCES TO DOMESTIC INDUSTRY ........................................................................7  
 Customs Act 1901 
D. PART 4—A SSESSMENT OF DUTY ................................................................................................7  
 Customs Act 1901 
  269YA Rejection etc. of application for duty assessment 
  269ZZUA The review of a rejection decision 
E. PART 5—A CCELERATED REVIEW FOR NEW EXPORTERS ONLY ................................................12  
 Customs Act 1901 
F. PART 6—A PPLYING TO CONTINUE ANTI -DUMPING MEASURES ................................................12  
 Customs Act 1901 
G. PART 7—R EINVESTIGATION BY CEO.......................................................................................13  
 Customs Act 1901 
 
  G/ADP/N/1/AUS/2/Suppl.2 
 Page 3 
 
 
 AN ACT TO AMEND THE CUSTOMS ACT  1901 AND FOR RELATED PURPOSES 
[Assented to 4 December 2003 ] 
 
The Parliament of Australia enacts: 
 
1. Short title 
 This Act may be cited as the Customs Legislation Amendment Act (No. 1) 2003 . 
 
2. Commencement 
1. Each provision of this Act specified in column 1 of the table commences, or is taken to have 
commenced, on the day or at the time sp ecified in column 2 of the table. 
Commencement information 
Column 1 Column 2 Column 3 
Provision(s) Commencement Date/Details 
1.  Sections 1 to 3 
and anything in 
this Act not elsewhere covered by this table The day on which this Act receives the 
Royal Assent 4 December 
2003 
2.  Schedule 1, 
Part 1 A single day to be fixed by 
Proclamation, subject to subsection (3)  
3.  Schedule 1, 
Parts 2 and 3 The day on which this Act receives the 
Royal Assent 4 December 
2003 
4.  Schedule 1, Part 4 A single day to be fixed by 
Proclamation, subject to subsection (3)  
5.  Schedule 1, 
Parts 5, 6 and 7 The day on which this Act receives the 
Royal Assent 4 December 
2003 
 
 Note:  This table relates only to the provisions of this Act as originally passed by the Parliament and 
assented to. It will not be expanded to deal with provisions inserted in this Act after assent. 
 
2. Column 3 of the table is for additional inform ation that is not part of this Act. This 
information may be included in an y published version of this Act. 
3. If a provision covered by item 2 or 4 of the ta ble does not commence within the period of 
6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. 
3. Schedule(s) 
 Each Act that is specified in a Schedule to this  Act is amended or repealed as set out in the 
applicable items in the Schedule concerned, and an y other item in a Schedule to this Act has effect 
according to its terms.  G/ADP/N/1/AUS/2/Suppl.2 
Page 4  
 
 I. SCHEDULE 1 – ANTI-DUMPING MEASURES 
A. P
ART 1 – ECONOMIES IN TRANSITION  
Customs Act 1901 
 
1. Subsection 269T(1) 
 Insert: 
  economy in transition  has the meaning given by subsection (5C). 
 
2. After subsection 269T(5B) 
 Insert: 
  (5C) A country has an economy in transition  at a time if: 
 
(a) before the time, the Government of the country had a monopoly, or a substantial 
monopoly, of the trade of that country and determined, or substantially influenced, 
the domestic price of goods in that country; and 
(b) at the time, that Government does not: 
(i) have a monopoly, or a substantial monopoly, of the trade of that country; or 
(ii) determine, or substantially influence,  the domestic price of goods in that 
country. 
3. Subsections 269TAC(5D) and (5E) 
 Repeal the subsections, substitute: 
  (5D) The normal value of goods (the exported goods ) is the amount determined by the 
Minister, having regard to all relevant in formation, if the exported goods are exported 
to Australia and the Minister is satisfied th at the country of export has an economy in 
transition and that at least one of the following para graphs applies: 
 
(a) both of the following conditions exist: 
(i) the exporter of the exported goods sells  like goods in the country of export; 
(ii) market conditions do not prevail in that country in respect of the domestic 
selling price of those like goods; 
(b) both of the following conditions exist: 
(i) the exporter of the exported goods does not sell like goods in the country of 
export but others do; 
(ii) market conditions do not prevail in that country in respect of the domestic 
selling price of those like goods;  G/ADP/N/1/AUS/2/Suppl.2 
 Page 5 
 
 
 (c) the exporter of the exported goods does not an swer questions in a questionnaire given 
to the exporter by the CEO under subsection 269TC(8) within the period described in 
that subsection or subsection 269TC(9) for answering questions; 
(d) the answers given within the period mentione d in subsection 269TC(8), or the further 
period mentioned in subsection 269TC(9), by  the exporter of the exported goods to a 
questionnaire given to the exporter unde r subsection 269TC(8) do not provide a 
reasonable basis for determining that paragr aphs (a) and (b) of this subsection do not 
apply. 
 Note: Subsection 269TC(8) deals with the CEO giving an exporter of goods to Australia a 
questionnaire about evidence of whether or not paragraphs (a) and (b) of this subsection apply, 
with a specified period of at least 30 days fo r the exporter to answer the questions. Under 
subsection 269TC(9) the CEO may allow the exporter a further period for answering the 
questions. 
 
 (5E) To be satisfied that the conditions in pa ragraph (5D)(a) or (b) exist, the Minister must 
have regard to the matters (if any) prescribed by the regulations. 
 
4. Subsections 269TAC(5G) and (5H) 
 Repeal the subsections. 
 
5. Subsections 269TAC(5J) and (7A) 
 Omit “or (5G)”. 
 
6. Saving of regulations 
1. Regulations that were in force for the purposes of subsection 269TAC(5J) of the Customs 
Act 1901  immediately before the commencement of this Part continue to have effect after that 
commencement for the purposes of that subsection, so  far as it relates to subsection 269TAC(5D) of 
that Act after that commencement. 
2. This item has effect despite the amendments of section 269TAC of the Customs Act 1901  by 
this Part. 
3. This item does not prevent the amendment or rep eal of regulations covered by sub-item (1). 
7. At the end of section 269TC 
 Add: 
 8. If the CEO is satisfied that a country whose e xporters are nominated in an application for a 
dumping duty notice or a countervailing duty notice has an economy in transition, the CEO must, as soon as practicable after deciding not to reject the application: 
(a) give each nominated exporter from such a country a questionnaire about evidence of 
whether or not paragraphs 269T AC(5D)(a) and (b) apply; and 
(b) inform each such exporter that the exporte r has a specified period of not less than 
30 days for answering questions in the questionnaire; and G/ADP/N/1/AUS/2/Suppl.2 
Page 6  
 
 (c) inform each such exporter that the investig ation of the application will proceed on the 
basis that subsection 269TAC(5D) applies to the normal value of the exporter’s goods that are the subject of the application if: 
(i) the exporter does not give the answers to the CEO within the period; or 
(ii) the exporter gives the answers to the CEO within the period but they do not 
provide a reasonable basis for determ ining that paragraphs 269TAC(5D)(a) 
and (b) do not apply. 
  Note: Paragraph 269TAC(5D)(a) or (b) applies if a government of the country of export 
significantly affects the selling price in that co untry of like goods to the goods that are the 
subject of the application. 
 
9. Despite the fact that, under subsection (8), the CEO has informed an exporter given a 
questionnaire that the exporter has a particular period  to answer the questions in the questionnaire, if 
the CEO is satisfied, by representation in writing by the exporter: 
(a) that a longer period is reasonably required for the exporter to answer the questions; 
and 
(b) that allowing a longer period will be practicable in the circumstances; 
(c) the CEO may notify the exporter, in writing, that a specified further period will be 
allowed for the exporter to answer the questions. 
8. Application 
 The amendments of the Customs Act 1901  made by this Part apply in relation to: 
 
(a) applications under section 269TB of that Act that are made or lodged after the 
commencement of this Part; and 
(b) things done as a result of such an application. 
B. PART 2—C UMULATIVE EFFECT OF EXPORTS TO AUSTRALIA  
Customs Act 1901 
 
9. Subsection 269TAE(2C) 
 Repeal the subsection, substitute: 
  (2C) In determining, for the purposes referred to  in subsection (1) or (2), the effect of the 
exportations of goods to Australia from different countries of export, the Minister should consider the cumulative effect of those exportations only if the Minister is 
satisfied that: 
 
(a) each of those exportations is the subject of an investigation; and 
(b) either: 
(i) all the investigations of those exporta tions resulted from applications under 
section 269TB lodged with the Customs on the same day; or  G/ADP/N/1/AUS/2/Suppl.2 
 Page 7 
 
 
 (ii) the investigations of those exportatio ns resulted from applications under 
section 269TB lodged with the Customs on different days but the investigation periods for all the inves tigations of those exportations overlap 
significantly; and 
(c) the dumping margin worked out under section 269TACB for the exporter for each of 
the exportations is at least 2 per cent of th e export price or weighted average of export 
prices used to establish that dumping margin; and 
(d) for each application, the volume of goods the subject of the application that have 
been, or may be, exported to Australia over a reasonable examination period (as 
defined in subsection 269TDA(17)) from th e country of export and dumped is not 
taken to be negligible for the purposes of subsection 269TDA(3) because of 
subsection 269TDA(4); and 
(e) it is appropriate to consider the cumulative  effect of those exportations, having regard 
to: 
(i) the conditions of competition between those goods; and 
(ii) the conditions of competition between  those goods and like goods that are 
domestically produced. 
C. P
ART 3—R EFERENCES TO DOMESTIC INDUSTRY  
Customs Act 1901 
 10. Paragraph 269TB(4)(e) 
 Omit “domestic”, substitute “Australian”. 
 
11. 11  Subsection 269TB(6) 
 Omit “domestic”, substitute “Australian”. 
 
D. P
ART 4—A SSESSMENT OF DUTY  
Customs Act 1901 
 12. Subsection 269V(2) 
 Omit “made” (wherever oc curring), substitute “lodged”. 
 13. Paragraph 269W(1)(c) 
 Omit “and information to establish those amounts”. 
 
14. Paragraph 269W(1)(d) 
 Omit “and information to establish those amounts;”. 
 G/ADP/N/1/AUS/2/Suppl.2 
Page 8  
 
 15. After subsection 269W(1) 
 Insert: 
  (1A) The application must also contain either:  
(a) sufficient evidence to establis h that the applicant’s opinion of the amounts described 
in whichever of paragraphs (1)(c ) and (d) apply is correct; or 
(b) both of the following: 
(i) the evidence the applicant h as to establish that the ap plicant’s opinion of the 
amounts described in whichever of paragr aphs (1)(c) and (d) apply is correct; 
(ii) a commitment that someone else will gi ve the CEO further evidence within 
30 days after lodgment or such longer period as the CEO allows, so that the CEO will then have sufficient eviden ce to establish that the applicant’s 
opinion of those amounts is correct. 
 (1B) If the interim duty on the goods covered by  the application was calculated using the 
export price of the goods worked out (unde r paragraph 269TAB(1)(b) or otherwise) 
as the difference between: 
 
(a) the price at which the importer of the goods sold them, in the condition in which they 
were imported, to someone who was not an associate of the importer; and 
(b) the prescribed deductions (as defined in s ubsection 269TAB(2)) relating to the goods; 
(c) the requirement in subsection (1A) of this  section is met only if the evidence referred 
to in that subsection includes evidence of the things described in paragraphs (a) and 
(b) of this subsection. 
16. At the end of subsection 269X(1) 
 Add: 
  
 Note: The CEO may be required to reject the application or be able to terminate the 
examination of it without deciding what recommendation to make to the Minister. See section 269YA. 
 
17. After subsection 269X(3) 
 Insert: 
 
 (3A) However, the CEO must not give the applicant information that the exporter of goods 
covered by the application supplied to the CEO (whether as a result of a request under 
subsection (2) or otherwise) that is relevant to working out: 
 
(a) the normal value of the goods; or 
(b) the countervailable subsidy relating to the goods; or 
(c) the export price of the goods;  G/ADP/N/1/AUS/2/Suppl.2 
 Page 9 
 
 
  unless the exporter indicates that he or she is willing for the CEO to give the information to 
the applicant under paragraph (3)(a). 
 
18. Subsection 269X(5) 
 After “the information”, insert “and evidence”. 
 
19. After subsection 269X(5) 
 Insert: 
  (5A) Subsection (5B) of this section applies if the CEO proposes to ascertain provisionally, 
for the purposes of paragraph (5)(a) of this  section, the export price of goods (under 
paragraph 269TAB(1)(b) or otherwi se) as the difference between: 
 
(a) the price at which the importer of the goods sold them, in the condition in which they 
were imported, to someone who was not an associate of the importer; and 
(b) the prescribed deductions (as defined in s ubsection 269TAB(2)) relating to the goods. 
 (5B) In provisionally ascertaining the export price of goods as described in 
subsection (5A), the CEO must: 
 
(a) take account of the following in relation to the goods: 
(i) any change in normal value; 
(ii) any change in costs incurred between importation and resale; 
(iii) any movement in resale price which is duly reflected in subsequent selling 
prices; and 
(b) despite paragraph 269TAB(1)(b), not deduct the amount of interim duty if the CEO 
has conclusive evidence of the things menti oned in subparagraphs (a)(i), (ii) and (iii) 
of this subsection. 
 An expression used in this subsection and subpa ragraph 3.3 of Article 9 of the Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 set out in 
Annex 1A to the World Trade Organization Agreement has the same meaning in this 
subsection as it has in that subparagraph. 
 20. Paragraph 269Y(4)(c) 
 Omit “made”, substitute “lodged”. 
 
21. At the end of Division 4 of Part XVB 
 Add: 
 
269YA  Rejection etc. of application for duty assessment 
 
1. This section has effect despite sections 269X and 269Y if an application under section 269V 
is lodged with the Customs under section 269W. G/ADP/N/1/AUS/2/Suppl.2 
Page 10  
 
 2. The CEO must reject the application if the CEO is satisfied within 20 days after it is lodged 
that it does not contain everything it must contain under subsections 269W(1) and (1A). 
3. The CEO must reject the application if: 
(a) the application contains a commitment d escribed in paragraph 269W(1A)(b); and 
(b) within 20 days after the time described in that  paragraph, the CEO is satisfied that he 
or she has not received from the applicant and one or more other persons sufficient 
evidence to establish that the applicant’ s opinion of the amounts described in 
whichever of paragraphs 269W(1 )(c) and (d) apply is correct. 
4. The CEO may terminate examination of the applicati on if he or she is satisfied after the last of 
the 20 days mentioned in subsection (2) or (3) of  this section that he or she does not have enough 
information to be able to comp ly with paragraph 269X(5)(a). 
5. If the CEO rejects the application or terminates examination of it: 
(a) the CEO must notify the applicant in writing of the following: 
(i) the rejection or termination; 
(ii) the reasons for the rejection or termination; 
(iii) the applicant’s right, within 30 days of the receipt of the notification, to apply 
for a review by the Review Officer under Division 9 of the rejection or termination; and 
(b) the CEO must not: 
(i) provisionally ascertain a variable factor or provisionally calculate an amount 
under subsection 269X(5) in connec tion with the application; or 
(ii) decide what recommendation to make to the Minister under subsection 
269X(6) in connection with the application;  and 
(c) subsection 269Y(4) has effect as if the application had not been lodged under 
section 269V. 
22. Section 269ZX (paragraph (a) of the definition of interested party ) 
 After “section 269TB”, insert “or 269V”. 
 
23. At the end of section 269ZZN 
 Add: 
  ; (d) a decision (a rejection decision ): 
 
(i) by the CEO that the CEO is satisfied as described in subsection 269YA(2) or 
(3); or  G/ADP/N/1/AUS/2/Suppl.2 
 Page 11 
 
 
 (ii) by the CEO to terminate under subsection 269YA(4) examination of an 
application. 
24. Section 269ZZO (at the end of the table) 
 Add: 
 
5 A rejection decision The applicant under 
section 269V for an assessment of duty whose application was affected by the decision 
 
25. After section 269ZZU 
 Insert: 
 
269ZZUA  The review of a rejection decision 
 
1. The Review Officer must make a decision on an  application for the review of a rejection 
decision by: 
(a) affirming the rejection decision; or 
(b) revoking the rejection decision. 
2. If the Review Officer revokes a rejection decision relating to an application under 
section 269V, subsection 269YA(5) ceases to a pply in relation to the application. 
3. If the Review Officer revokes a rejecti on decision relating to rejection under 
subsection 269YA(2) or (3) of an application under section 269V: 
(a) the CEO must resume the examination of th e application with a view to complying 
with subsections 269X(5) and (6) within 110 days after being informed of the 
revocation; and 
(b) the revocation does not prevent the CEO from terminating the examination under 
subsection 269YA(4). 
4. If the Review Officer revokes a rejection decision relating to termination under 
subsection 269YA(4) of the examination of an application under section 269V, the CEO must comply 
with subsections 269X(5) and (6) within 110 da ys after being informed of the revocation. 
5. In making a decision under this section, the Review Officer must have regard only to 
information that was before the CEO when  the CEO made the rejection decision. 
6. The Review Officer’s decision must be made within 60 days after the receipt of the 
application for the review or such longer period a llowed by the Minister in writing because of special 
circumstances. 
26. Application 
 The amendments of the Customs Act 1901  made by this Part apply in relation to: G/ADP/N/1/AUS/2/Suppl.2 
Page 12  
 
 (a) the lodgement of applications under se ction 269V of that Act after the 
commencement of this Part;  and 
(b) things done because of the lodgement of such an application after the commencement 
of this Part. 
E. P
ART 5—A CCELERATED REVIEW FOR NEW EXPORTERS ONLY  
Customs Act 1901 
 
27. Subsection 269SM(6) 
 Omit “and exporters not previously investigated”. 
 28. Subsection 269T(1) (definition of residual exporter ) 
 Repeal the definition, substitute: 
  residual exporter , in relation to a dumping duty notice or a countervailing duty notice in 
respect of goods, means an exporter of goods the subj ect of the application or like goods, other than: 
 
(a) a selected exporter; and 
(b) a new exporter of such goods. 
29. Section 269ZDC 
 Omit “or exporters whose exportations were not examined when the notice was published”. 
 30. 30  Paragraph 269ZE(1)(b) 
 Omit “residual exporters”, substitute “new exporters”. 
 
31. Subsection 269ZE(1) 
 Omit “residual exporter”, substitute “new exporter”. 
 
32. Application 
 The amendments of the Customs Act 1901  made by this Part apply in relation to: 
 
(a) applications under section 269TB lodged afte r the commencement of this Part; and 
(b) applications under section 269ZE lodged afte r the commencement of this Part; and 
(c) things done because of an application describ ed in paragraph (a) or (b) of this item. 
F. P
ART 6—A PPLYING TO CONTINUE ANTI -DUMPING MEASURES  
Customs Act 1901 
  G/ADP/N/1/AUS/2/Suppl.2 
 Page 13 
 
 
 33. Paragraph 269ZHB(1)(b) 
 Repeal the paragraph, substitute: 
 
(b) inviting the following persons to apply within  60 days to the CEO, in accordance with 
section 269ZHC, for a continuation of those measures: 
(i) the person whose application unde r section 269TB resulted in those 
measures; 
(ii) persons representing the whole or a portion of the Australian industry 
producing like goods to the goods covered by those measures. 
34. Application 
 The amendment of subsection 269ZHB(1) of the Customs Act 1901  b y  t h i s  P a r t  a p p l i e s  t o  
notices published under that subsection af ter the commencement of this Part. 
 G. P
ART 7—R EINVESTIGATION BY CEO 
Customs Act 1901 
 
35. Subparagraph 269ZZL(2)(a)(i) 
 After “findings”, insert “, having regard only to  the information and conclusions to which the 
Review Officer was permit ted to have regard”. 
 
36. Paragraph 269ZZL(4)(a) 
 Omit “Review Officer”, substitute “CEO”. 
 
37. Application 
 The amendments of the Customs Act 1901  made by this Part apply in relation to things done 
as a result of recommendations made by the Review Officer before, on or after the commencement of 
this Part. G/ADP/N/1/AUS/2/Suppl.2 
Page 14  
 
 CUSTOMS AMENDMENT REGULATIONS 2003 (NO. 9)1 
 
Statutory Rules 2003 No. 3192 
 
 I, PHILIP MICHAEL JEFFERY, Governor-Gen eral of the Commonwealth of Australia, 
acting with the advice of the Federal Executive Co uncil, make the following Regulations under the 
Customs Act 1901 . 
 
Dated 18 December 2003  
P. M. JEFFERY 
Governor-General 
By His Excellency’s Command 
CHRISTOPHER MARTIN ELLISON Minister for Justice and Customs  
_______________ 
  
1 Name of Regulations 
 
 These Regulations are the Customs Amendment Regulations 2003 (No. 9) . 
 2 Commencement  
 These Regulations commence on the commencement of Part 1 of Schedule 1 to the Customs 
Legislation Amendment Act (No. 1) 2003 . 
 
3 Amendment of Customs Regulations 1926 
  Schedule 1 amends the Customs Regulations 1926 . 
  G/ADP/N/1/AUS/2/Suppl.2 
 Page 15 
 
 
 I. SCHEDULE 1:  AMENDMENT (REGULATION 3) 
 [1] After regulation 182 
 
 insert 
 
183 Matters to which the Minister must have regard (subsection 269TAC (5E) of the Act)  
 
1. In this regulation: 
 entity , in relation to goods, means each of: 
 
(a) the exporter of the exported goods mentione d in subsection 269TAC (5D) of the Act; 
and 
(b) if the exporter of the goods is not the producer of the goods, but the goods are 
produced in the country of export — the producer of the goods. 
 government , of a country, means any level of government of the country. 
 
2. For subsection 269TAC (5E) of the Act,  the following matters are prescribed: 
(a) whether the entity makes decisions about prices, costs, inputs, sales and investments: 
(i) in response to market signals; and 
(ii) without significant interference by a government of the country of export;  
(b) whether the entity keeps accounting record s in accordance with generally accepted 
accounting standards in the country of export;  
(c) whether the generally accepted accounting st andards in the country of export are in 
line with international accounting standa rds developed by the International 
Accounting Standards Board; 
 Note :  International accounting standards developed by the International Accounting Standards Board 
can be found on the International Accounting Standards Board website at 
http://www.iasc.org. uk/cmt/0001.asp. 
 
(d) whether the accounting records mentioned in paragraph (b) are independently 
audited; 
(e) whether the entity’s production costs or fina ncial situation are significantly affected 
by the influence that a government of the country of export had on the domestic price 
of goods in the country before the count ry’s economy was an economy in transition; 
(f) whether the country of export has laws relating to bankruptcy and property; 
(g) whether the entity is subject to the bankruptcy and property laws mentioned in 
paragraph (f);  
(h) whether the entity is part of a market or sector in which the presence of an enterprise 
owned by a government of the country of export prevents market conditions from 
prevailing in that market or sector; G/ADP/N/1/AUS/2/Suppl.2 
Page 16  
 
 (i) whether utilities are supplied to the entity under contracts that reflect commercial 
terms and prices that are generally availa ble throughout the economy of the country 
of export; 
(j) if the land on which the entity’s facilities ar e built is owned by a government of the 
country of export — whether the conditions of rent are comparable to those in a 
market economy; 
(k) whether the entity has the right to hire a nd dismiss employees and to fix the salaries 
of employees. 
3. In assessing whether there is significant interferen ce for subparagraph (2) (a) (ii), the Minister 
must have regard to the following: 
(a) whether a genuinely private company or party holds the majority shareholding in the 
entity;  
(b) if officials of a government of the country of export hold positions on the board of the 
entity — whether these officials are a mi nority of the members of the board;  
(c) if officials of a government of the country of export hold significant management 
positions within the entity — whether these officials are a minority of the persons 
holding significant management positions;  
(d) whether the entity’s ability to carry on bus iness activities in the country of export is 
affected by: 
(i) a restriction on selling in the domestic market; or 
(ii) the potential for the right to do busin ess being withdrawn other than under 
contractual terms; or 
(iii) if the entity is a joint-venture in which one of the parties is a foreign person, 
or is carried on in the form of such a joint-venture — the ability of the foreign person to export profits and repatriate capital invested;  
(e) whether the entity’s significant production inputs (including raw materials, labour, 
energy and technology) are supplied: 
(i) by enterprises that are owned or controlled by a government of the country of 
export; and 
(ii) at prices that do not substantially reflect conditions found in a market 
economy. 
Notes: 
 
1. These Regulations amend Statutory Rules 1926 No. 203, as amended by 1927 Nos. 17, 95 and 121; 
1928 Nos. 47, 57, 74 and 95; 1929 Nos. 25, 56 and 127; 1930 Nos. 91, 138 and 140; 1931 Nos. 16, 42 and 90; 
1932 No. 90; 1933 Nos. 21, 105, 106 and 129; 1934 Nos. 109 and 127; 1935 Nos. 1, 41, 69 and 113; 1936 Nos. 49 and 163; 1938 No. 111; 1939 No. 157; 1940 Nos. 203 and 256; 1946 Nos. 127 and 161; 1947 Nos. 29, 83, 94 
and 152; 1948 No. 156; 1949 Nos. 34, 78, 95 and 111; 1950 No. 17; 1951 Nos. 34, 38, 71, 99, 106, 109 and 
159; 1952 No. 96; 1953 No. 102; 1954 No. 21; 1955 Nos. 15, 32 and 66; 1956 Nos. 71, 83, 91 and 127; 1957 Nos. 57 and 76; 1958 No. 86; 1959 No. 106; 1960 Nos. 29 and 70; 1961 Nos. 60 and 144; 1962 Nos. 102 and  G/ADP/N/1/AUS/2/Suppl.2 
 Page 17 
 
 
 103; 1963 No. 149; 1964 No. 141; 1965 Nos. 86, 121 and 194; 1966 Nos. 15 and 173; 1967; Nos. 9 and 179; 
1968 No. 68; 1969 Nos. 69, 77, 133, 152 and 186; 1970 Nos. 104, 113 and 170; 1971 Nos. 9, 59 and 170; 1972 No. 96; 1973 Nos. 155, 251, 257 and 268; 1974 Nos. 29 and 112; 1976 Nos. 261 and 262; 1977 Nos. 68, 137 
and 188; 1978 Nos. 32, 147, 180 and 195; 1979 Nos. 181, 275 and 277; 1980 Nos. 109, 255, 372 and 377; 1981 
Nos. 162, 265 and 382; 1982 Nos. 140, 255, 311, 335 and 404 and Act No. 108, 1982; Statutory Rules 1983 
Nos. 92, 93, 327, 328, 329 and 330 and Act No. 101, 1983; Statutory Rules 1984 Nos. 13, 18, 137, 319 and 462; 
1985 Nos. 12, 71, 76, 126, 306 and 308; 1986 Nos. 77, 91, 94, 144, 174, 175, 176, 215, 248, 361, 363, 367 and 
368; 1987 Nos. 72, 102, 103, 124, 140, 162, 244, 297 and 316; 1988 Nos. 111, 179, 207, 260 and 270; 1989 
Nos. 100, 101, 159, 160, 161, 162, 163, 243, 260 and 409; 1990 Nos. 6, 8, 123, 147, 148, 189, 217, 220, 222, 
248, 274 and 450; 1991 Nos. 30, 109, 129, 139, 140, 228, 290, 316 and 384; 1992 Nos. 72, 175, 277 (as amended by 1992 No. 326), 328, 343, 344, 447 and 464; 1993 Nos. 66, 158 and 339; 1994 Nos. 53, 82, 183, 
311, 312, 351, 366, 367, 391 and 435; 1995 Nos. 99, 136, 244, 313, 321, 352, 423 and 424; 1996 Nos. 42, 43, 
134, 326 and 327; 1997 Nos. 52, 70, 79, 89, 128, 131, 255, 284, 378, 379 and 422; 1998 Nos. 38, 101, 212, 229, 276 and 278; 1999 Nos. 35, 131, 149, 270, 323 and 330; 2000 Nos. 13, 74, 93, 141, 142, 173, 174, 210, 241, 
252, 287, 349 and 350; 2001 Nos. 30, 63, 89, 119, 211 and 335; 2002 Nos. 28, 98, 138, 195, 256, 310, 328 and 
329; 2003 Nos. 16, 51, 65, 178, 186, 227, 237 and 249.  
2. Notified in the Commonwealth of Australia Gazette  on 19 December 2003. 
 
 
 
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