Anti‑Dumping Authority Act 1988
Act No. 72 of 1988 as amended
[Note: This Act is repealed by Act No. 79 of 1998]
This compilation was prepared on 14 February 2001
taking into account amendments up to Act No. 79 of 1998
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Definitions..................................
3AA Approved forms...............................
3A Anti‑dumping measures not to apply to goods of New Zealand origin
Part II—Establishment, functions and powers of Anti‑Dumping Authority
4 Establishment................................
5 Functions...................................
6 Powers.....................................
7 Authority may make recommendations on publication of dumping duty notices etc.
7A Review of termination decision under section 269TDA of the Customs Act 1901
7B Termination of inquiry by Authority...................
7C Authority may consider recommending to the Minister whether undertaking should be accepted
8 Review of prima facie decisions and preliminary findings......
8A Authority may make recommendations of continuation of dumping duty notices etc.
8B Review of negative preliminary decision under section 269X....
9 Reports on anti‑dumping matters................
10 Matters to which Authority is to have regard..............
11 Authority to have regard to same considerations as Minister in certain circumstances
12 Minister may give directions to Authority................
Part III—Constitution of Authority
13 Member of Authority............................
14 Acting member................................
15 Associate members.............................
16 Outside employment............................
17 Disclosure of interests............................
18 Leave of absence...............................
19 Retirement from office...........................
20 Suspension and removal from office...................
20A Removal taken to be retirement on ground of invalidity........
20B Retirement on ground of invalidity under the Superannuation Acts.
21 Remuneration and allowances.......................
Part IV—Inquiries
22 General conduct of inquiries........................
23 Public notice of inquiries..........................
23A Authority to maintain public record for certain purposes.......
24 False or misleading evidence or information..............
25 Protection of member............................
26 Powers of Authority relating to documents produced.........
27 Person prejudiced in employment because assisting Authority....
Part V—Miscellaneous
28 Availability of reports etc. of Authority.................
29 Annual report.................................
30 Provision of resources to Authority....................
31 Engagement of consultants.........................
32 Authority may supply information....................
33 Confidentiality................................
34 Conduct by directors, servants or agents.................
35 Cessation of Act...............................
36 Regulations..................................
Notes
An Act to establish an Anti‑Dumping Authority, and for related purposes
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Anti‑Dumping Authority Act 1988.
2 Commencement [see Note 1]
This Act commences on a day to be fixed by Proclamation.
3 Definitions
(1) In this Act, unless the contrary intention appears:
anti‑dumping matter means a matter relating to:
(a) the imposition of…
Overview
The Anti-Dumping Authority Act 1988 (Cth) was enacted to establish an Anti-Dumping Authority, responsible for overseeing anti-dumping measures in Australia. The Act was introduced to address the issue of unfair trade practices, specifically the dumping of goods into Australia at below-market prices or with government subsidies, which can harm domestic industries. The Anti-Dumping Authority Act 1988 was enacted by the Commonwealth Parliament and aims to protect Australian industries from the adverse effects of dumping and countervailable subsidies. The authority established by this Act has the power to recommend whether the Minister for Trade should publish anti-dumping notices, review preliminary findings and prima facie decisions, and assess the continuation of anti-dumping measures.
Scope and Application
The Anti-Dumping Authority Act 1988 establishes an Anti-Dumping Authority to review and make recommendations on anti-dumping matters within Australia. The Act applies to all entities and persons involved in the importation of goods that may be subject to anti-dumping measures, including exporters, importers, and the government. The authority extends to goods that may be subject to dumping duty or countervailing duty notices under the Dumping Duty Act and the Customs Act 1901, except for goods originating from New Zealand. The Act is a Commonwealth statute and its provisions apply throughout Australia. The Anti-Dumping Authority Act 1988 was repealed by the Customs Legislation (Anti-dumping Amendments) Act 1998, with certain provisions ceasing to be in force on 31 August 2001. The Act can be extended or modified through subordinate instruments, such as regulations and directions from the Minister.
Key Provisions
- The Anti-Dumping Authority Act 1988 establishes the Anti-Dumping Authority (section 4) and outlines its functions and powers (sections 5 and 6). The Authority is tasked with recommending to the Minister whether to publish dumping duty notices or countervailing duty notices in respect of goods and whether to revoke or partly revoke notices or release persons from undertakings (section 5(a)-(b)). The Authority also reviews decisions made by the Comptroller regarding terminations of investigations, negative prima facie decisions, and negative preliminary findings (sections 5(c), 7A, 7B, 8). Additionally, the Authority may make recommendations on the continuation of dumping duty notices or countervailing duty notices (section 8A) and review negative preliminary decisions under section 269X of the Customs Act 1901 (section 8B). The Authority must prepare and submit reports to the Minister on anti-dumping matters (section 9).
- The Act imposes several obligations on the parties and entities it governs. The Authority is required to conduct inquiries into applications for dumping duty notices or countervailing duty notices and submit reports to the Minister with recommendations based on the findings of these inquiries (section 7). The Authority must also review decisions made by the Comptroller and provide recommendations (sections 7A and 8). Additionally, the Authority must consider and recommend whether undertakings should be accepted by the Minister (section 7C). The Authority must terminate inquiries if dumping margins or volumes are negligible, or if the injury caused by dumping or subsidisation is negligible (section 7B).
- The Act includes provisions for offences, penalties, or consequences for breach. Providing false or misleading information to the Authority is an offence, with penalties of up to $2,000 for natural persons and $10,000 for bodies corporate (section 24). Employers who dismiss or prejudice employees for assisting the Authority in connection with inquiries are also subject to penalties of up to $1,000 for natural persons and $5,000 for bodies corporate (section 27). The Authority has the power to inspect books and documents and retain them for a reasonable period (section 26). Furthermore, the Act allows for the engagement of consultants and the supply of information, subject to certain confidentiality provisions (sections 31 and 33).
- Area of Law
- Commercial Law
- International Trade Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Regulatory Standards
- Review & Sunset Clauses
