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Rio Tinto Aluminium (Bell Bay) Limited v Assistant Minister for Science and Parliamentary Secretary to the Minister for Industry, Innovation and Science [2016] FCA 681

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ADMINISTRATIVE LAW - judicial review - Part XVB of Customs Act 1901 (Cth) - countervailing duties - certain silicon metal exported from the People's Republic of China to Australia - whether Minister was satisfied that a countervailable subsidy had actually been received - whether Minister erred in stating that it was reasonable to assume that an uncooperative exporter may be able to access all the national subsidy programs identified and all the regional programs in a particular region - whether the Minister transgressed the legal bounds of reasonableness by adopting such an assumption - standard of scrutiny of reasons TAXATION - Customs and Excise - countervailing duties - certain silicon metal exported from the People's Republic of China to Australia - judicial review - whether Minister was satisfied that a countervailable subsidy had actually been received - whether Minister erred in stating that it was reasonable to assume that an uncooperative exporter may be able to access all the national subsidy programs identified and all the regional programs in a particular region - whether the Minister transgressed the legal bounds of reasonableness by adopting such an assumption - standard of scrutiny of reasons

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