EXPLANATORY STATEMENT
Issued by the authority of the Minister for Home Affairs
Customs Amendment (Anti-dumping Improvements) Act 2011
Proclamation
Item 2 of subsection 2(1) of the Customs Amendment (Anti-dumping Improvements) Act 2011 (the Act) provides for Schedule 1 to the Act to commence on a single day to be fixed by Proclamation.
Item 2 also provides that if the provisions in Schedule 1 do not commence within the period of 6 months beginning on the day on which the Act receives the Royal Assent, they commence on the first day after the end of that period.
The purpose of the Proclamation is to fix 24 October 2011 as the day on which Schedule 1 to the Act commences.
Schedule 1 to the Act amends the Customs Act 1901 to partially implement the Government’s Streamlining Australia's anti-dumping system policy by:
(a) Providing that the Minister will make a decision within 30 days of receiving a report on an investigation, continuation inquiry, review of measures or a report following a review of a decision by the Trade Measures Review Officer;
(b) Providing that the Minister may consider any impacts on jobs and any impact on investment in the domestic industry producing like goods during an investigation;
(c) Amending the legislation to reflect the full range of actionable subsidies provided by the WTO Anti-Dumping Agreement and Agreement on Subsidies and Countervailing Measures; and
(d) Amending the current definition of "interested party" in relation to anti-dumping and subsidy investigations to clarify that industry associations, unions and downstream industry (whether or not they are an importer) are included.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Subsection 2(1) of the Customs Amendment
(Anti-dumping Improvements) Act 2011