Customs (Anti-Dumping Review Panel Fee) Instrument 2015 (Cth)
Customs (Anti-Dumping Review Panel Fee) Instrument 2015
I, CHRISTOPHER PYNE, Minister for Industry, Innovation and Science, make this Instrument under subsections 269ZZE(3) and 269ZZQ(2) of the Customs Act 1901.
Dated 22 October 2015
CHRISTOPHER PYNE
___________________________________________
CHRISTOPHER PYNE
Minister for Industry, Innovation and Science
1 Name of Instrument
This Instrument is the Customs (Anti-Dumping Review Panel Fee) Instrument 2015.
2 Authority
This Instrument is made under subsections 269ZZE(3) and 269ZZQ(2) of the Customs Act 1901 for the purposes of prescribing a schedule of fees for making an application under Division 9 of that Act.
3 Commencement
This Instrument commences on commencement of Schedule 1 of the Customs Amendment (Anti-Dumping Measures) Act (No. 1) 2015.
4 Definitions
In this Instrument:
Act means the Customs Act 1901.
large business means a business which either alone or, if it is a body corporate, together with all other related bodies corporate for the purposes of the Corporations Act 2001, has more than 200 full-time staff.
refund amount means the amount specified in Table 1 in section 6.
5 Fee
(1) For the purposes of paragraphs 269ZZE(1)(f) and 269ZZQ(1)(f) of the Act, the prescribed fee is:
(a)$1,000; or
(b)$10,000 if the applicant is a Government of a country or a large business.
(2) The fee is payable at the time an application for review is made with the Review Panel.
(3) The fee must be paid by the person who made the application for review.
Note: Each applicant must pay the fee, including if other applicants are seeking review of the same reviewable decision.
6 Refunds
If a person paid a fee prescribed in clause 5(1) in a circumstance referred to in an item in the following table, the person is entitled to the refund amount specified in that item.
Table 1- Refund amounts Item Circumstance Refund amount 1 (a) the application for review is withdrawn in accordance with sections 269ZZF or 269ZZQAA of the Act; and
(b) the application is withdrawn within the application period referred to under section 269ZZD or 269ZZP of the Act
the fee paid 2 (a) the application for review is withdrawn in accordance with sections 269ZZF or 269ZZQAA of the Act;
(b) the application has not been withdrawn within the application period referred to under section 269ZZD or 269ZZP of the Act; and
(c) the application is withdrawn before the Review Panel begins to conduct the review
85 per cent of the fee paid 3 the person is not entitled to apply for review by the Review Panel the fee paid 4 the decision to which the application relates is not a reviewable decision that may be subject to review by the Review Panel the fee paid 5 the person was liable to pay a lower fee the difference between:
the fee paid; and
the lower fee6 the application for review was not made during the application period referred to under section 269ZZD or 269ZZP of the Act the fee paid
0
0
0