EXPLANATORY STATEMENT
Issued by the authority of the Minister for Home Affairs
Customs Amendment (Anti-dumping Measures) Act 2011
Proclamation
Item 2 of subsection 2(1) of the Customs Amendment (Anti-dumping Measures) 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 (the Customs Act) to insert a legislative test outlining when the Chief Executive Officer of Customs (the CEO) may recommend that the Minister revoke anti-dumping measures. Schedule 1 also amends the Act to introduce procedural requirements to allow the CEO to recommend, and for the Minister for Home Affairs to declare, that anti-dumping measures be revoked at the conclusion of a review.
These amendments are designed to clarify the test applying to the revocation of anti-dumping measures and respond to the decision of the Full Federal Court in Minister of State for Home Affairs v Siam Polyethylene Co Ltd [2010] FCAFC 86.
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 Measures) Act 2011