EXPLANATORY STATEMENT
Issued by the authority of the Minister for Industry, Innovation and Science
Customs Amendment (Anti-dumping Measures) Act (No. 1) 2015
Customs Amendment (Anti-dumping Measures) Commencement Proclamation 2015
Purpose and Operation
Section 2(1) of the Customs Amendment (Anti-dumping Measures) Act (No. 1) 2015 (the Act) provides, in part, that Schedule 1 of the Act shall commence on a day to be fixed by Proclamation or if any of the provision(s) do not commence within the period of six (6) months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period.
The purpose of the Customs Amendment (Anti-dumping Measures) Commencement Proclamation 2015 (Proclamation) is to fix 2 November 2015 as the day on which Schedule 1 of the Act commences.
Authority
Under subsection 2(1) of the Act the Minister may, by legislative instrument, proclaim commencement of Schedule 1 of the Act.
Consultation
In accordance with section 18 of the Legislative Instruments Act 2003, consultation is unnecessary or inappropriate because the Proclamation is minor or of a machinery nature and is an instrument in relation to which appropriate consultation has already been undertaken by the Australian Government throughout the development of the Act.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Customs AMENDMENT (Anti‑Dumping MEASURES) COMMENCEMENT PROCLAMATION 2015
This Proclamation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Proclamation
The Proclamation fixes 2 November 2015 as the date for commencement of Schedule 1 of the Customs Amendment (Anti-dumping Measures) Act (No. 1) 2015 (the Act). The Act amends the Customs Act 1901 to reduce the period for submitting information in response to the initiation of an anti-dumping investigation, review, continuation inquiry or anti-circumvention inquiry from 40 to 37 days. The Act also requires anti-dumping notices to be published electronically, consolidates lodgement provisions for anti-dumping applications and submissions, clarifies the length of the investigation period in anti-dumping matters, clarifies the cumulative assessment of injury, clarifies normal value provisions, clarifies the calculation of the dumping margin, clarifies material injury determinations, clarifies effective notice periods, amends provisions dealing with new exporters, streamlines the merits review process of the Review Panel.
Human rights implications
This Proclamation does not engage any of the applicable rights or freedoms.
Conclusion
This Proclamation is compatible with human rights as it does not raise any human rights issues.
The Hon Christopher Pyne MP
Minister for Industry, Innovation and Science