EXPLANATORY STATEMENT
Issued by the authority of the Minister for Home Affairs
Customs Amendment (Anti-dumping Improvements) Act (No. 2) 2012
Proclamation
Item 2 of subsection 2(1) of the Customs Amendment (Anti-dumping Improvements) Act (No. 2) 2012 (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 11 June 2013 as the day on which Schedule 1 to the Act commences.
Schedule 1 to the Act amends the Customs Act 1901 to implement aspects of the Government’s Streamlining Australia's anti-dumping system policy by:
a) inserting new provisions which will partially implement the proposal to amend the subsidies provisions in the Customs Act to better reflect definitions and operative provisions of the World Trade Organization Agreement on Subsidies and Countervailing Measures;
b) amending Division 6A of Part XVB (Continuation of anti-dumping measures) to enable measures to be amended, including by altering the level of applicable duties, if the Minister decides to continue them. Currently the only means of amending measures that are to be continued is to conduct a separate review of the measures in close proximity to the continuation inquiry; and
(c) repealing subsection 269TAC(13) to remove the limitations to determining profit when constructing a normal value because of subsection 269TAAD of the Customs Act.
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 (No. 2) 2012