Administrative matters
(1) Any petition to be submitted under Parts II and III shall be submitted to the Minister.
(2) Subject to the provisions of this Act, any action to be conducted or taken under this Act shall be conducted or taken by any person or officer authorized in writing in that behalf by the Minister.
(3) Any finding of an investigation, whether for the purpose of a preliminary or final determination, or a review, under this Act, shall be forwarded to the Minister.
(4) The Minister shall make a recommendation to the Minister of Finance who shall make a determination or a decision.
(5) The collection of any countervailing or anti-dumping duty imposed under this Act shall be conducted by an officer of customs.
(6) If any question arises as to whether any particular product is or is not included in any notification given under this Act, such question shall be referred to the Minister who shall make a decision on the matter.
Protection of officers and persons acting under direction of officers
No action or prosecution shall be brought, instituted or maintained in any court against any person or officer authorized under this Act for or on account of or in respect of any act ordered or done for the purpose of carrying into effect this Act, and no suit or prosecution shall lie in any court against any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of any such person or officer if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.
(Deleted by Act A1046).
Regulations in respect of specified areas
The Minister of Finance may, in respect of certain areas to be specified in regulations made under this section, make special provision to regulate those specified areas for the purposes of this Act.
Application of the Customs Act 1967
(1) This Act shall be construed as one with the Customs Act 1967.
(2) In the event of any inconsistency occurring between the provisions of the Customs Act 1967 and the provisions of this Act, the provisions of this Act shall prevail.
Judicial review
(1) An interested party who is not satisfied or who is aggrieved by the decision of the Government in relation to a final determination or a final administrative review determination under this Act shall have the right to refer such matter to the High Court for judicial review in accordance with Order 53 of the Rules of the High Court 1980 [P.U. (A) 50/1980].
(2) A request for judicial review shall be filed in the High Court within thirty days after the publication of the final determination or the final administrative review determination in question.
(3) A request for judicial review shall not be filed in the High Court unless the final determination or final administrative review determination in question has been published by the Government in accordance with this Act.
(4) Notwithstanding subrule 1(5) of Order 53 of the Rules of the High Court 1980, a request for judicial review in the High Court shall not hinder the Government from collecting the countervailing duty or anti-dumping duty imposed under any final determination or final administrative review determination.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
