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
Overview
The Customs Amendment (Anti-dumping Improvements) Act (No. 2) 2012 was enacted to address deficiencies and streamline aspects of Australia's anti-dumping system. This Act was introduced to amend the Customs Act 1901 and was passed by the Australian Parliament. The primary objective of the Act, as outlined in the explanatory statement issued by the Minister for Home Affairs, is to implement the government's policy to streamline Australia's anti-dumping system. This involves aligning the subsidies provisions with the World Trade Organization Agreement on Subsidies and Countervailing Measures, enabling more flexible amendments to continued anti-dumping measures, and removing limitations on determining profit when constructing a normal value. The accompanying Proclamation fixes the commencement date of these amendments to ensure a coordinated and effective implementation of the new provisions.
Scope and Application
The Customs Amendment (Anti-dumping Improvements) Act (No. 2) 2012 applies to the Customs Act 1901, which governs the regulation of imports and exports in Australia, including anti-dumping measures. The Act applies to entities involved in international trade, particularly those that may be subject to anti-dumping duties or measures imposed by the Australian Customs Service. It affects the administration and enforcement of anti-dumping laws, including the calculation of normal values and the imposition and continuation of anti-dumping duties. The Act has a national jurisdictional reach, as it amends a Commonwealth Act and is intended to streamline Australia's anti-dumping system in alignment with international standards. The Proclamation issued under the Act sets the commencement date for the amendments, ensuring that the changes take effect within six months of the Act receiving Royal Assent, or on 11 June 2013, whichever is later. The Act does not specify any exclusions, exemptions, or thresholds, and its application is not extended or restricted by subordinate instruments.
Key Provisions
The Customs Amendment (Anti-dumping Improvements) Act (No. 2) 2012, as proclaimed, sets the commencement date for Schedule 1 on 11 June 2013, or six months after Royal Assent if not earlier (Item 2). Schedule 1 introduces significant amendments to the Customs Act 1901, aimed at streamlining Australia's anti-dumping system. Firstly, it incorporates new provisions to partially implement the proposal to revise the subsidies provisions in the Customs Act, aligning them more closely with the definitions and operative provisions of the World Trade Organization Agreement on Subsidies and Countervailing Measures (Schedule 1(a)). Secondly, it amends Division 6A of Part XVB to allow for the modification of continued anti-dumping measures, including adjustments to the applicable duty levels, without the need for a separate review process (Schedule 1(b)). Finally, it repeals subsection 269TAC(13) to remove restrictions on profit determination when calculating a normal value, thereby simplifying the calculation process (Schedule 1(c)).
The Act imposes several obligations on the relevant parties and entities. Firstly, it requires the Minister for Home Affairs to ensure that the new provisions and amendments are implemented in accordance with the schedule set by the Proclamation. This includes updating the Customs Act 1901 to reflect the changes introduced by Schedule 1. Additionally, entities involved in anti-dumping measures must comply with the revised procedures for amending continued measures. This means that if the Minister decides to continue anti-dumping measures, they can now alter the applicable duty levels without the need for a separate review, streamlining the process (Schedule 1(b)). Lastly, businesses and entities subject to anti-dumping investigations must adhere to the new definitions and procedures for determining normal values, as the limitations on profit determination have been removed (Schedule 1(c)).
Failure to comply with the provisions of the Customs Amendment (Anti-dumping Improvements) Act (No. 2) 2012 may result in various consequences. While the Act itself does not specify maximum penalties for non-compliance, breaches of the Customs Act 1901, as amended by Schedule 1, may incur civil or criminal penalties. For instance, knowingly providing false or misleading information in an anti-dumping investigation could result in civil penalties, including fines. In more severe cases, criminal penalties may apply, potentially including imprisonment. The specific penalties depend on the nature and severity of the breach and are outlined in the Customs Act 1901 and related regulations.