EXPLANATORY STATEMENT
Proclamation
Issued by the Authority of the Minister for Industry
Customs Amendment (Anti-Dumping Commission Transfer) Act 2013
Item 2 of the table under subsection 2(1) of the Customs Amendment (Anti-Dumping Commission Transfer) Act 2013 (the Act) provides that Schedule 1 to the Act shall commence on a day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of six (6) months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period.
The purpose of the Proclamation is to fix 27 March 2014 as the day on which Schedule 1 to the Act commences.
Section 269SMB of Part XVB of the Act established the Anti‑Dumping Commission within the Australian Customs and Border Protection Service (ACBPS). Subsequent references to the ACBPS in Parts XVB and XVC of the Act embedded the Anti-Dumping Commission within the ACBPS. The ACBPS is an agency within the Department of Immigration and Border Protection.
On 12 December 2013, the Administrative Arrangements Order was amended to provide for the transfer of Parts XVB and XVC of the Act from the Department of Immigration and Border Protection to the Department of Industry. In accordance with Government policy set out in ‘The Coalition’s Policy to Boost the Competitiveness of Australian Manufacturing’, released in August 2013. To effect the transfer of the anti-dumping administration to the Department of Industry the Customs Amendment (Anti-Dumping Commission Transfer) Act 2013 (the Amending Act) was passed by Parliament and received the Royal Assent on 13 December 2013.
Schedule 1 to the Amending Act provides for the continuing existence of the Anti-Dumping Commission within the Department administered by the Minister administering Part XVB of the Act. The Amending Act also replicates to the greatest extent possible the current delegation powers for the Minister and the Anti-Dumping Commissioner contained in Parts XVB and XVC of the Act and in the Customs Tariff (Anti-Dumping) Act 1975.
Sections 1 to 3 of the Act, providing for the short title, the commencement provisions and amendment information relating to the Schedules of the Act, commenced on Royal Assent which was 13 December 2013.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.