Customs Amendment (Anti-dumping Improvements) Act 2011

Administered by Department of Home Affairs

Legislation au C2011A00123 In force Act

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Customs Amendment (Anti‑dumping Improvements) Act 2011

 

No. 123, 2011

 

 

 

 

 

An Act to amend the Customs Act 1901, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Customs Act 1901

 

 

 

Customs Amendment (Anti-dumping Improvements) Act 2011

No. 123, 2011

 

 

 

An Act to amend the Customs Act 1901, and for other purposes

[Assented to 17 October 2011]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Customs Amendment (Anti‑dumping Improvements) Act 2011.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

17 October 2011

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

24 October 2011

(see F2011L02104)

Note:  This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Customs Act 1901

1  Subsection 269T(1) (definition of Agreement on Agriculture)

Repeal the definition.

2  Subsection 269T(1) (paragraph (b) of the definition of interested party)

After “person”, insert “or body”.

3  Subsection 269T(1) (at the end of the definition of interested party)

Add:

 ; and (g) a trade union representing one or more persons employed in the Australian industry producing, or likely to produce, like goods; and

 (h) a person who uses the goods the subject of the application, or like goods, in the production or manufacture of other goods in Australia.

4  Subsection 269TAAC(1)

Repeal the subsection, substitute:

 (1) For the purposes of this Part, a subsidy is a countervailable subsidy if it is specific.

5  Subsection 269TAAC(6)

Repeal the subsection.

6  Paragraphs 269TAE(1)(g) and (2)(g)

Omit “the effect”, substitute “any effect”.

7  After paragraph 269TAE(3)(h)

Insert:

 (ha) the terms and conditions of employment (including the number of hours worked) of persons employed in the industry in relation to the production or manufacture of goods of that kind, or like goods; and

8  After section 269TL

Insert:

269TLA  Time limit for Minister to make certain decisions

 (1) This section applies if the Minister receives a recommendation from the CEO concerning the imposition of dumping duty, third country dumping duty, countervailing duty or third country countervailing duty on goods.

 (2) The Minister must decide whether or not to publish a dumping duty notice or a countervailing duty notice, or both a dumping duty notice and a countervailing duty notice, in respect of the goods within:

 (a) 30 days after receiving the recommendation; or

 (b) if the Minister considers there are special circumstances that prevent the decision being made within that period—such longer period as the Minister considers appropriate.

 (3) If paragraph (2)(b) applies, the Minister must give public notice of the longer period.

 (4) Subsection (2) does not apply if:

 (a) the Minister defers the decision under subsection 269TG(4), 269TJ(3) or 269TJA(3); or

 (b) subsection 269TN(4A) applies in relation to the decision; or

 (c) the application to which the recommendation relates is withdrawn before the Minister makes the decision.

9  Subsection 269Y(1)

After “practicable”, insert “, but no later than 30 days,”.

10  After subsection 269ZDB(1)

Insert:

 (1A) The Minister must make a declaration under subsection (1) within:

 (a) 30 days after receiving the report; or

 (b) if the Minister considers there are special circumstances that prevent the declaration being made within that period—such longer period as the Minister considers appropriate.

 (1B) If paragraph (1A)(b) applies, the Minister must give public notice of the longer period.

11  After subsection 269ZG(3)

Insert:

 (3A) The Minister must make a declaration under subsection (3) within:

 (a) 30 days after receiving the report; or

 (b) if the Minister considers there are special circumstances that prevent the declaration being made within that period—such longer period as the Minister considers appropriate.

 (3B) If paragraph (3A)(b) applies, the Minister must give public notice of the longer period.

12  After subsection 269ZHG(1)

Insert:

 (1A) If the Minister receives the report less than 30 days before the specified expiry day, the Minister must make the declaration before that day.

 (1B) If subsection (1A) does not apply, the Minister must make the declaration within:

 (a) 30 days after receiving the report; or

 (b) if the Minister considers there are special circumstances that prevent the declaration being made within that period—such longer period, ending before the specified expiry day, as the Minister considers appropriate.

 (1C) If paragraph (1B)(b) applies, the Minister must give public notice of the longer period.

13  After subsection 269ZZL(2)

Insert:

 (2A) The Minister must do the things that the Minister is required to do under subsection (1) or (2) within:

 (a) 30 days after receiving the recommendation; or

 (b) if the Minister considers there are special circumstances that prevent the doing of those things within that period—such longer period as the Minister considers appropriate.

 (2B) If paragraph (2A)(b) applies, the Minister must give public notice of the longer period.

14  After subsection 269ZZM(1)

Insert:

 (1A) The Minister must make a decision under subsection (1) within:

 (a) 30 days after receiving the report; or

 (b) if the Minister considers there are special circumstances that prevent the decision being made within that period—such longer period as the Minister considers appropriate.

 (1B) If paragraph (1A)(b) applies, the Minister must give public notice of the longer period.

15  Application of amendments

(1) The amendments made by items 2, 3, 6 and 7 of this Schedule apply in relation to an application lodged on or after the day on which this item commences.

(2) The amendments made by items 8 to 14 of this Schedule apply in relation to a recommendation or report received by the Minister on or after the day on which this item commences.

 

 

[Minister’s second reading speech made in—

House of Representatives on 6 July 2011

Senate on 22 August 2011]

(129/11)

 

Overview

The Customs Amendment (Anti-dumping Improvements) Act 2011, enacted by the Parliament of Australia, aims to amend the Customs Act 1901 to improve Australia's anti-dumping framework. The Act seeks to address potential gaps and inefficiencies in the anti-dumping process by refining the definitions, criteria, and timelines associated with anti-dumping duties. The policy objective of this legislation is to ensure that the anti-dumping laws are fair, efficient, and adequately protect Australian industries from unfair trade practices. The Customs Amendment (Anti-dumping Improvements) Act 2011 introduces several key amendments to the Customs Act 1901, including broadening the definition of "interested party" to include trade unions and users of the goods in question. The Act also revises the criteria for countervailable subsidies and modifies the timelines for ministerial decisions in anti-dumping investigations. These changes aim to enhance the overall effectiveness and fairness of the anti-dumping process, ensuring it adequately protects Australian industries while maintaining the integrity of international trade relations.

Scope and Application

The Customs Amendment (Anti-dumping Improvements) Act 2011 amends the Customs Act 1901 to enhance the procedures and definitions related to anti-dumping measures. This Act applies to all persons and entities involved in the importation of goods into Australia, particularly those who may be subject to anti-dumping investigations. It targets industries affected by dumped or subsidised imports and the conduct of importing goods that may be subject to anti-dumping duties. The geographic reach of this Act is national, affecting all imports into Australia. The Act provides specific time limits for the Minister to make decisions on the imposition of dumping and countervailing duties, as well as for making declarations and other ministerial actions related to anti-dumping investigations. Some amendments apply to applications lodged or recommendations and reports received on or after the commencement date of these specific provisions, while others apply more broadly to any relevant applications or reports received after the general commencement date. There are no explicit exclusions or exemptions stated in the Act, but it does allow for the consideration of special circumstances that may extend decision-making timelines. The Act may be further extended or restricted through subordinate instruments, which are not detailed in the provided text.

Key Provisions

The Customs Amendment (Anti-dumping Improvements) Act 2011 introduces several key changes to the Customs Act 1901. Among the primary amendments, Section 1 repeals the definition of "Agreement on Agriculture" from the Customs Act, while Section 2 modifies the definition of "interested party" by adding "or body" and expanding it to include trade unions representing employees in the Australian industry producing or likely to produce like goods, as well as persons using the goods in the production or manufacture of other goods in Australia. Section 3 further refines the definition of "interested party" by adding two new categories. The Act also modifies the conditions under which a subsidy is considered countervailable, as per Section 4, which specifies that a subsidy is countervailable if it is specific. This is a significant shift from the previous broader definition. Additionally, Section 5 repeals a subsection that previously outlined specific circumstances under which a subsidy would not be countervailable, while Section 6 alters the language in two paragraphs to omit "the effect" and substitute it with "any effect." Section 7 introduces new criteria by which the terms and conditions of employment, including hours worked, of persons in the industry can be considered. A notable new provision is introduced in Section 8, which mandates that the Minister must decide whether to publish a dumping duty notice or a countervailing duty notice, or both, within 30 days of receiving a recommendation from the CEO concerning the imposition of dumping duty, third country dumping duty, countervailing duty, or third country countervailing duty on goods. If special circumstances prevent a decision within this period, the Minister may extend it but must provide public notice of the new timeframe. This requirement applies unless the decision is deferred, certain subsections apply, or the application is withdrawn before a decision is made. The obligations imposed by the Act include timely decision-making by the Minister. For instance, the Minister must make certain decisions within specified timeframes, such as 30 days after receiving a recommendation or report, unless special circumstances justify an extension. In such cases, the Minister must publicly announce the new timeframe. Additionally, the Minister is required to make declarations and decisions within the stipulated periods, and failure to do so within the required timeframes, without proper justification, may result in legal consequences. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with its provisions. However, the failure to adhere to the mandated timeframes for making decisions and declarations could potentially lead to legal challenges or administrative penalties, depending on the specific circumstances and the discretion of the courts. The precise consequences would need to be determined based on the context in which the Act is applied and interpreted.

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