Customs Amendment (Anti-Dumping Commission Transfer) Act 2013 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Customs Amendment (Anti‑Dumping Commission Transfer) Act 2013 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 13 December 2013 |
Schedule 1 | A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 27 March 2014 ( |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Omit “established”, substitute “continued in existence”.
Insert:
Commission staff member means a member of the staff assisting the Commissioner as mentioned in subsection 269SMQ(1).
Repeal the subsections, substitute:
(4) Subsection (1) does not apply to the Minister’s power under subsection 77EA(1), 77ED(1), 77EE(1) or 77EF(2).
Omit “by the Minister”, substitute “under Part XVB of this Act”.
Omit “by the Minister”, substitute “under Part XVB of this Act”.
Omit “within the Australian Customs and Border Protection Service”, substitute “within the Department”.
Omit “staff of the Australian Customs and Border Protection Service”, substitute “APS employees in the Department”.
Repeal the section, substitute:
(1) The Anti‑Dumping Commission that was established by this section (as in force before the transfer day) continues in existence, by force of this section
, within the Department. (2) In this section:
transfer day means the day Schedule 1 to theCustoms Amendment (Anti‑Dumping Commission Transfer) Act 2013 commenced.
Repeal the section.
Repeal the subsection, substitute:
(1) The staff assisting the Commissioner are to be APS employees in the Department and made available for the purpose by the Secretary of the Department.
Repeal the note.
Add:
(1) The Commissioner may, by writing, delegate any of the Commissioner’s functions or powers under this Part to a Commission staff member.
(2) In performing functions or exercising powers under a delegation, the delegate must comply with any written directions of the Commissioner.
The Commissioner may, by writing, approve a form for the purposes of a provision of this Part.
(1) The Commissioner, or a Commission staff member, may disclose information (including personal information) obtained under this Part or the Dumping Duty Act, or an instrument under this Part or the Dumping Duty Act, to the CEO, or an officer of Customs, for the purposes of a Customs Act.
Interaction with the Privacy Act 1988
(2) For the purposes of the
Privacy Act 1988 , the disclosure of personal information under subsection (1) is taken to be a disclosure that is authorised by this Act.
Definition
(3) In this section:
personal information has the same meaning as in thePrivacy Act 1988 .
Omit “Customs”, substitute “Commissioner”.
Insert:
(1) The Minister may, by signed instrument, delegate to the following any of the functions and powers of the Minister under this Part or the Dumping Duty Act:
(a) the Commissioner;
(b) a Commission staff member.
(2) However, subsection (1) does not apply to a function or power under:
(a) subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or (2) or 269TK(1) or (2) of this Act; or
(b) subsection 8(5), 9(5), 10(3B) or 11(4) of the Dumping Duty Act.
Omit “Customs”, substitute “Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “an approved form”, substitute “a form approved by the Commissioner for the purposes of this section”.
Omit “with the Customs”, substitute “with the Commissioner”.
Omit “an officer”, substitute “a Commission staff member”.
Omit “approved form”, substitute “form referred to in paragraph (4)(b)”.
Omit “by Customs”, substitute “by the Commissioner”.
Omit “by an officer”, substitute “by a Commission staff member”.
Omit “Customs receives”, substitute “receiving”.
Omit “give Customs”, substitute “give the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “officer of Customs taking the securities”, substitute “Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “authorize an officer”, substitute “authorise a Commission staff member”.
Omit “An officer authorized”, substitute “A Commission staff member authorised”.
Omit “officer”, substitute “Commission staff member”.
Omit “at Customs House in Canberra”, substitute “by the Commissioner by notice published on the Anti‑Dumping Commission’s website”.
Omit “an officer of Customs”, substitute “a Commission staff member”.
Omit “Customs”, substitute “Commissioner”.
Omit “an approved form”, substitute “a form approved by the Commissioner for the purposes of this section”.
Omit “approved” (wherever occurring).
Omit “with Customs”, substitute “with the Commissioner”.
Omit “at Customs House in Canberra”, substitute “by the Commissioner by notice published on the Anti‑Dumping Commission’s website”.
Omit “approved form”, substitute “form referred to in paragraph (1)(b)”.
Omit “an officer of Customs”, substitute “a Commission staff member”.
Omit “with Customs”, substitute “with the Commissioner”.
Omit “Customs receives”, substitute “receiving”.
Omit “Customs”, substitute “the Commissioner”.
Omit “an approved form”, substitute “a form approved by the Commissioner for the purposes of this section”.
Omit “approved”.
Omit “with Customs”, substitute “with the Commissioner”.
Omit “at Customs House in Canberra”, substitute “by the Commissioner by notice published on the Anti‑Dumping Commission’s website”.
Omit “approved form”, substitute “form referred to in paragraph (1)(c)”.
Omit “an officer of Customs”, substitute “a Commission staff member”.
Omit “with Customs”, substitute “with the Commissioner”.
Omit “Customs receives”, substitute “receiving”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “an approved form”, substitute “a form approved by the Commissioner for the purposes of this section”.
Omit “with Customs”, substitute “with the Commissioner”.
Omit “at Customs House in Canberra”, substitute “by the Commissioner by notice published on the Anti‑Dumping Commission’s website”.
Omit “approved form”, substitute “form referred to in paragraph (1)(b)”.
Omit “an officer of Customs”, substitute “a Commission staff member”.
Omit “with Customs”, substitute “with the Commissioner”.
Omit “Customs receives”, substitute “receiving”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “with Customs”, substitute “with the Commissioner”.
Omit “accelerated review applications”, substitute “such applications by the Commissioner by notice published on the Anti‑Dumping Commission’s website”.
Omit “an officer of Customs”, substitute “a Commission staff member”.
Omit “Commissioner”, substitute “Customs”.
Omit “an approved form”, substitute “a form approved by the Commissioner for the purposes of this section”.
Omit “with Customs”, substitute “with the Commissioner”.
Omit “at Customs House in Canberra”, substitute “by the Commissioner by notice published on the Anti‑Dumping Commission’s website”.
Omit “approved form”, substitute “form referred to in paragraph (1)(b)”.
Omit “an officer of Customs”, substitute “a Commission staff member”.
Omit “with Customs”, substitute “with the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
Omit “Customs”, substitute “the Commissioner”.
After “officer of Customs”, insert “, the Commissioner or a Commission staff member”.
Omit “an officer of Customs”, substitute “a Commission staff member”.
Omit “CEO”, substitute “Commissioner”.
Omit “CEO”, substitute “Commissioner”.
Omit “CEO”, substitute “Commissioner”.
Repeal the heading, substitute:
Commissioner to convene meetings
Omit “CEO” (wherever occurring), substitute “Commissioner”.
Add:
(6) The Minister may, by signed instrument, delegate to the following the power of the Minister under subsection (4):
(a) the Commissioner;
(b) a Commission staff member.
Add:
(1) The Commissioner, or a Commission staff member, may disclose information (including personal information) obtained under this Part to the CEO, or an officer of Customs, for the purposes of a Customs Act.
Interaction with the Privacy Act 1988
(2) For the purposes of the
Privacy Act 1988 , the disclosure of personal information under subsection (1) is taken to be a disclosure that is authorised by this Act.
Definition
(3) In this section:
personal information has the same meaning as in thePrivacy Act 1988 .
Repeal the definition.
Omit “, the Commissioner”.
Repeal the subsection.
Repeal the paragraph.
98 Section 146.1 of the Criminal Code (paragraph (da) of the definition of Commonwealth law enforcement officer ) Repeal the paragraph.
Repeal the paragraph.
(1) The amendments made by items 15 to 22 apply in relation to an application lodged under subsection 269TB(1) or (2), or a notice lodged under subsection 269TB(3), of the
Customs Act 1901 on or after the commencement of those items.(2) The amendments made by items 24 and 25 apply in relation to information lodged under subsection 269TC(2A) of the
Customs Act 1901 on or after the commencement of those items.(3) The amendment made by item 28 applies in relation to a preliminary affirmative determination made under subsection 269TD(1) of the
Customs Act 1901 on or after the commencement of that item.(4) The amendments made by items 36 and 37 apply in relation to an application lodged under subsection 269V(1) of the
Customs Act 1901 on or after the commencement of those items.(5) The amendments made by items 39 to 44 apply in relation to an application lodged under subsection 269ZA(1) of the
Customs Act 1901 on or after the commencement of those items.(6) The amendments made by items 47 to 53 apply in relation to an application lodged under section 269ZCA of the
Customs Act 1901 on or after the commencement of those items.(7) The amendments made by items 60 to 64 apply in relation to an application lodged under subsection 269ZDBC(1) of the
Customs Act 1901 on or after the commencement of those items.(8) The amendments made by items 72 to 74 apply in relation to an application lodged under subsection 269ZE(1) of the
Customs Act 1901 on or after the commencement of those items.(9) The amendments made by items 76 to 80 apply in relation to an application lodged under section 269ZHB of the
Customs Act 1901 on or after the commencement of those items.(10) Sections 269SMT and 269ZZYH of the
Customs Act 1901 , as amended by this Act, apply in relation to information obtained before, on or after the commencement of this item.
The amendments made by this Schedule do not affect the continuity of:
(a) the appointment of the Commissioner of the Anti‑Dumping Commission; or
(b) the terms and conditions on which that Commissioner holds office.
102
Continuity of members of the Review Panel not affected The amendments made by this Schedule do not affect the continuity of:
(a) the appointment of a member of the Review Panel mentioned in section 269ZL of the
Customs Act 1901 ; or(b) the terms and conditions on which that member holds office.
103
Continuity of members of the International Trade Remedies Forum not affected The amendments made by this Schedule do not affect the continuity of the appointment of a member of the International Trade Remedies Forum mentioned in section 269ZZYB of the
Customs Act 1901 .
Applications
(1) If:
(a) an application under Part XVB of the
Customs Act 1901 was lodged with Customs before the commencement of this item; and(b) the application had not been decided before that commencement;
then, on and after that commencement, that Part has effect as if the application had been lodged with the Commissioner.
Submissions
(2) If:
(a) an investigation, review or inquiry under Part XVB of the
Customs Act 1901 is pending at the commencement of this item; and(b) before that commencement, submissions were received by Customs in relation to the investigation, review or inquiry;
then, on and after that commencement, that Part has effect as if the submissions had been received by the Commissioner.
(1) A delegation in force under subsection 14(4A) of the
Customs Administration Act 1985 immediately before the commencement of this item continues to apply on and after that commencement.(2) Section 16 of the
Customs Administration Act 1985 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the Commissioner and to information that came to the knowledge of, or into the possession of, the Commissioner before that commencement while he or she performed duties.
106
Continuation of offences under the Criminal Code Sections 146.1, 146.2, 147.1 and 147.2 of the
Criminal Code , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to conduct engaged in before that commencement in relation to the person covered by paragraph (da) of the definition ofCommonwealth law enforcement officer in section 146.1 of theCriminal Code .
107
Continuation of processes under the Law Enforcement Integrity Commissioner Act 2006 The
Law Enforcement Integrity Commissioner Act 2006 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to conduct engaged in before that commencement by the person covered by paragraph 10(2A)(aa) of that Act.
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments and repeals made by Part 1 or 2 of this Schedule.
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