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.
Overview
The Customs Amendment (Anti-Dumping Commission Transfer) Act 2013 was enacted by the Parliament of Australia to facilitate the transfer of the Anti-Dumping Commission from the Department of Immigration and Border Protection to the Department of Industry. The Act was introduced to align with the Government's policy to boost the competitiveness of Australian manufacturing, as outlined in the Coalition's Policy released in August 2013. The purpose of the Act is to ensure the Anti-Dumping Commission continues to exist within the new department and to replicate existing delegation powers to the greatest extent possible. The Act received the Royal Assent on 13 December 2013, and the commencement of Schedule 1 was subsequently fixed by Proclamation on 27 March 2014. This legislative instrument aims to provide continuity and stability in the administration of anti-dumping measures within the Australian Customs and Border Protection Service.
Scope and Application
The Customs Amendment (Anti-Dumping Commission Transfer) Act 2013 applies to the Anti-Dumping Commission, which was originally established within the Australian Customs and Border Protection Service (ACBPS), an agency within the Department of Immigration and Border Protection. This Act facilitates the transfer of the anti-dumping administration from the Department of Immigration and Border Protection to the Department of Industry, as per the Administrative Arrangements Order and Government policy aimed at boosting the competitiveness of Australian manufacturing. The Act ensures the continued existence of the Anti-Dumping Commission within the new department and replicates existing delegation powers to the extent possible. The commencement of the Act was set by Proclamation to be on 27 March 2014, with sections 1 to 3 coming into effect on the date of Royal Assent, 13 December 2013. The Act's provisions govern the administrative functions and authority of the Anti-Dumping Commission concerning anti-dumping measures and do not specify exclusions or thresholds; however, it allows for the transfer to be effected through subordinate instruments.
Key Provisions
The Customs Amendment (Anti-Dumping Commission Transfer) Act 2013 (the Act) primarily facilitates the transfer of the Anti-Dumping Commission from the Australian Customs and Border Protection Service (ACBPS) to the Department of Industry. Section 269SMB of Part XVB of the Act originally established the Anti-Dumping Commission within the ACBPS, which is an agency under the Department of Immigration and Border Protection. The Act transfers this administration to the Department of Industry, as outlined in Schedule 1. This transfer aims to align with the Government policy to boost the competitiveness of Australian manufacturing, as announced in August 2013.
The Act imposes certain obligations on the Anti-Dumping Commission and the Department of Industry. Firstly, it ensures that the Anti-Dumping Commission continues to exist within the Department of Industry, maintaining its responsibilities and functions as previously defined in the ACBPS. Furthermore, the Act mandates that the Minister administering Part XVB of the Act and the Anti-Dumping Commissioner retain their existing delegation powers to the greatest extent possible. This includes the powers outlined in Parts XVB and XVC of the Act and in the Customs Tariff (Anti-Dumping) Act 1975.
Failure to comply with the provisions of the Act may result in civil or criminal penalties. While the Act itself does not explicitly state the specific penalties for breaches, breaches of similar provisions in related Acts may involve fines and/or imprisonment. For instance, under the Customs Act 1901, penalties for breaches of anti-dumping provisions can include substantial fines for individuals and corporations, as well as imprisonment terms that may extend to several years. The precise penalties would depend on the nature and severity of the breach, as well as any applicable guidelines and precedents set by courts in similar cases.