EXPLANATORY STATEMENT
Statutory Rules 1982 No. 317
Administrative Decisions (Judicial Review) Regulations
The purpose of the accompanying regulations is to exclude from the application of the Administrative Decisions (Judicial Review) Act 1977 decisions under section 42 of the Customs Act 1901 to require and take securities in respect of duty that may be payable on goods under sections 8, 9, 10 and 11 of the Customs Tariff (Anti-Dumping) Act 1975. Sub-section 19(1) of the Administrative Decisions (Judicial Review) Act 1977 permits regulations to be made declaring classes of decisions to be decisions that are not subject to judicial review under that Act.
The procedures under the Administrative Decisions (Judicial Review) Act 1977 are inappropriate to the matter of the taking of securities which are provisional actions to protect the Customs revenue and protect Australian industries against unfair trading practices and decisions to take the securities are therefore excluded. Decisions bearing on the ultimate liability to pay duty are not dealt with in the regulations.
Regulation 1 provides for the citation of the proposed regulations.
Regulation 2 provides that a reference in the regulations to ‘the Act’ means the Administrative Decisions (Judicial Review) Act 1977.
Regulation 3 provides that, for the purposes of sub-section 19(1) of the Act, the decisions specified in the Schedule to the regulations are not subject to judicial review by the Federal Court of Australia under the Act.
The Schedule specifies the classes of decisions which are excluded. They are decisions under section 42 of the Customs Act 1901.
• Item 1 specifies decisions in respect of dumping duty that may be payable on goods under section 8 of the Customs Tariff (Anti-Dumping) Act 1975;
• Item 2 specifies decisions in respect of third country dumping duties that may be payable in respect of goods under section 9 of the Customs Tariff (Anti-Dumping) Act 1975;
• Item 3 specifies decisions in respect of countervailing duty that may be payable in respect of goods under section 10 of the Customs Tariff (Anti-Dumping) Act 1975; and
• Item 4 specifies decisions in respect of third country countervailing duty that may be payable in respect of goods under section 11 of the Customs Tariff (Anti-Dumping) Act 1975.