EXPLANATORY STATEMENT
Issued by the authority of the Minister for Home Affairs
Customs Amendment (Anti-dumping Improvements) Act (No. 3) 2012
Proclamation
Item 2 of subsection 2(1) of the Customs Amendment (Anti-dumping Improvements) Act (No. 3) 2012 (the Act) provides for Schedules 1 to 3 to the Act to commence on a single day to be fixed by Proclamation.
Item 2 also provides that if the provisions in Schedules 1 to 3 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 Schedules 1 to 3 to the Act commence.
Schedules 1 to 3 to the Act amend the Customs Act 1901 (the Customs Act) to implement the final aspects of the Government’s ‘Streamlining Australia's anti-dumping system’ policy by:
a) amending the provisions dealing with countervailable subsidies to more accurately reflect definitions and operative provisions of the World Trade Organization Agreement on Subsidies and Countervailing Measures;
b) introducing provisions under which the Australian Customs and Border Protection Service will, if required, conduct inquiries to address the circumvention of trade measures by exporters or importers of goods which are subject to measures; and
c) strengthening the provisions that deal with non-cooperation in anti‑dumping investigations, reviews under Division 5 or continuation inquiries.
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. 3) 2012