On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 30/05/1997.
PART IV
ADMINISTRATION
28.
—(1) Subject to the provisions of this Act, any investigation or action to be conducted or taken under this Act or any regulations made thereunder shall be conducted or taken by any person authorised in writing by the Minister.
(2) If any question arises as to whether any particular goods are or are not included in any notification given under this Act or any regulations made thereunder, the Minister shall determine the scope of the notification after giving interested parties an opportunity to comment on the scope of the notification.
29. No suit or other legal proceedings shall lie against any person authorised under this Act for or on account of or, in respect of, anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any regulations made thereunder.
30.
—(1) There shall be established an Anti-Dumping Tribunal to perform the functions specified in sections 13 and 27.
(2) The Minister shall appoint the Chairman of the Tribunal and not more than 2 other persons as members of the Tribunal.
(3) The Chairman and members of the Tribunal shall hold office for such period not exceeding 3 years as may be determined by the Minister and shall be eligible for reappointment.
(4) The Minister shall determine the remuneration and other terms and conditions of the appointment of the Chairman and members of the Tribunal.
(5) No person shall be appointed or shall continue to hold office as a member of the Tribunal if he —
(a)
is of unsound mind;
(b)
is an undischarged bankrupt or has made any arrangement or composition with his creditors; or
(c)
is convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon.
(6) The Chairman or any member of the Tribunal may at any time resign from his office by giving notice in writing to the Minister.
(7) The Chairman and members of the Tribunal shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).
(8) The Tribunal shall review the evidence on the record to ascertain whether there is substantial evidence on the record to support the decision of the Minister.
(9) In any review —
(a)
the procedure to be followed is within the Tribunal’s discretion; and
(b)
the Tribunal —
(i)
is not bound to act in a formal manner; and
(ii)
is not bound by the rules of evidence.
(10) The Tribunal shall have powers to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act.
(11) The Minister may make such rules as may be necessary or expedient for the purpose of enabling the Tribunal to carry out its functions and, in particular, may make rules to provide for the constitution, officers and proceedings of the Tribunal.
(12) For the purposes of this section, “Minister” means the Minister charged with the responsibility for law.
31.
—(1) The Minister may, by writing under his hand, delegate to any person, either generally or otherwise, all or any of his powers and functions under this Act or any regulations made thereunder except his powers under sections 3, 9, 14, 23 and 46; and any reference in this Act or those regulations to the Minister shall, unless the context otherwise requires, include a reference to a delegate.
(2) A delegate of the Minister is, in the exercise of his powers and the performance of his functions under this Act or any regulations made thereunder, other than in his being satisfied or having an opinion as to any matter, subject to the directions of the Minister.
32.
—(1) This Act shall be construed as one with the Customs Act (Cap. 70) and, unless otherwise provided in this Act, for the purposes of the interpretation of this Act, section 3 of the Customs Act shall apply to this Act in the same manner as it applies for the purposes of the interpretation of the Customs Act.
(2) In the event of any inconsistency occurring between the provisions of the Customs Act and the provisions of this Act, the provisions of this Act shall prevail.
(3) Any countervailing or anti-dumping duty imposed under this Act shall be paid to the Director-General of Customs and Excise.
(4) The Customs Act shall, to the extent relevant and with such exceptions or modifications as may be prescribed, apply to any countervailing or anti-dumping duty as it applies to a customs duty imposed under the provisions of the Customs Act.