Customs Tariff (Anti-Dumping) Amendment Act 1989

Administered by Attorney-General's Department

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Customs Tariff (Anti-Dumping) Amendment Act 1989

No. 173 of 1989

 

An Act to amend the Customs Tariff (Anti-Dumping) Act 1975, and for related purposes

[Assented to 20 December 1989]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Customs Tariff (Anti-Dumping) Amendment Act 1989.

(2) In this Act, “Principal Act” means the Customs Tariff (Anti-Dumping) Act 19751.

Commencement

2. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.

(3) If the provisions referred to in subsection (2) do not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, those provisions commence on the first day after the end of that period.

Repeal of sections 3 to 5a (inclusive)

3.  Sections 3 to 5a (inclusive) of the Principal Act are repealed.

Dumping duties

4.  Section 8 of the Principal Act is amended:

(a) by omitting subsections (1), (2), (2aa) and (2a);

(b) by inserting in subsection (3) “, by virtue of a declaration under subsection 269tg (1) or (2) of the Customs Act,” after “applies”;

(c) by omitting from subsection (5a) “his powers” and substituting “his or her powers”;

(d) by omitting from subsection (5a) “paragraph (1) (b) or (2) (b)” and substituting “paragraph 269tg (1) (b) or (2) (b) of the Customs Act”.

Third country dumping duties

5.  Section 9 of the Principal Act is amended:

(a) by omitting subsections (1), (2) and (2a);

(b) by inserting in subsection (3) “, by virtue of a declaration under subsection 269th (1) or (2) of the Customs Act,” after “applies”;

(c) by omitting from subsection (5a) “his powers” and substituting “his or her powers”;

(d) by omitting from subsection (5a) “paragraph (1) (b) or (2) (b)” and substituting “paragraph 269th (1) (b) or (2) (b) of the Customs Act”.

Countervailing duties

6. Section 10 of the Principal Act is amended:

(a) by omitting subsections (1), (2), (2a), (2b), (2c), (2d) and (2e);

(b) by inserting in subsection (3) “, by virtue of a declaration under subsection 269tj (1), (2), (4), (5) or (6) of the Customs Act,” after “applies”;

(c) by omitting from paragraph (4) (a) “subsection (1), (2) or (2b)” and substituting “a declaration under subsection 269tj (1), (2) or (4) of the Customs Act”;

(d) by omitting from paragraph (4) (b) “subsection (2c) or (2d)” and substituting “a declaration under subsection 269tj (5) or (6) of the Customs Act”;

(e) by omitting from subsection (5a) “his powers” and substituting “his or her powers”;

(f) by omitting from subsection (5a) “subsection (1) or (2)” and substituting “subsection 269tj (1) or (2) of the Customs Act”;

(g) by omitting from subsection (5a) “paragraph (1) (b) or (2) (b)” and substituting “paragraph 269tj (1) (b) or (2) (b) of that Act”;

(h) by omitting subsections (7) and (7a) and substituting the following subsections:

“(7) Where the Minister has determined, under subsection 269tj (8) of the Customs Act, the amount of any subsidy, bounty, reduction or remission of freight or other financial assistance in relation to goods to which this section applies by virtue of a declaration under subsection 269tj (1), (2) or (4) of that Act, that amount is to be taken to              be the amount of that subsidy, bounty, reduction or remission of freight or other financial assistance in relation to those goods for the purposes of this section.

“(7a) Where the Minister has determined, under subsection 269tj (9) of the Customs Act, the amount, cost or value of prescribed assistance in relation to goods to which this section applies by virtue of a declaration under subsection 269tj (5) or (6) of that Act, that amount, cost or value is to be taken to be the amount, cost or value of that prescribed assistance in relation to those goods for the purposes of this section.”;

(j) by inserting in subsection (8) “or she” after “he”;

(k) by omitting from subsection (9) “by reason of his being satisfied” and substituting “because he or she is satisfied”;

(m) by omitting subsection (10).

Third country countervailing duties

7. Section 11 of the Principal Act is amended:

(a) by omitting subsections (1) and (2);

(b) by inserting in subsection (3) “, by virtue of a declaration under subsection 269tk (1) or (2) of the Customs Act,” after “applies”;

(c) by omitting from subsection (5a) “his powers” and substituting “his or her powers”;

(d) by omitting from subsection (5a) “paragraph (1) (b) or (2) (b)” and substituting “paragraph 269tk (1) (b) or (2) (b) of the Customs Act”;

(e) by omitting subsection (7) and substituting the following subsection:

“(7) Where the Minister has determined, under subsection 269tk (3) of the Customs Act, the amount of any subsidy, bounty, reduction or remission of freight or other financial assistance in relation to goods to which this section applies by virtue of a declaration under subsection 269tk (1) or (2) of that Act, that amount is to be taken to be the amount of that subsidy, bounty, reduction or remission of freight or other financial assistance in relation to those goods for the purposes of this section.”;

(f) by inserting in subsection (8) “or she” after “he”;

(g) by omitting from subsection (9) “by reason of his being satisfied” and substituting “because he or she is satisfied”;

(h) by omitting subsection (10).

Repeal of further provisions

8. Sections 11a, 12, 12a, 12b, 13, 17, 18, 19, 20 and 22 of the Principal Act are repealed.

Transitional provisions

9. (1) Any act or thing done, including, but without limiting the generality of the foregoing, any determination made, any notice given or published, or any undertaking given or accepted, under a provision of the Customs Tariff (Anti-Dumping) Act 1975 that is repealed and re-enacted in similar form in a provision (in this subsection called the “corresponding provision”) inserted in Part XVb of the Customs Act 1901 has effect, on and after the day this section commences, for all purposes, as if it were an act or thing done under the corresponding provision.

(2) Any delegation under section 19 of the Customs Tariff (Anti-Dumping) Act 1975 of a power or function conferred on the Minister under a provision of that Act that is repealed and re-enacted in similar form in a provision (in this subsection called the “corresponding provision”) inserted in Part XVb of the Customs Act 1901, being a delegation that is in force immediately before the day this section commences, continues to have effect, on and after that day, for all purposes, as if it were a delegation under section 9 of the Customs Act 1901 of that power or function as conferred on the Minister by the corresponding provision.

(3) A delegation under section 14 of the Customs Administration Act 1985 of the power conferred on the Comptroller-General of Customs under subsection 17 (2) of the Customs Tariff (Anti-Dumping) Act 1975 that is in force immediately before the day this section commences continues to have effect, on and after that day, for all purposes, as if it were a delegation of the power conferred upon the Comptroller-General of Customs under subsection 269tah (2) of the Customs Act 1901.

 

NOTE

1.  No. 169, 1973, as amended. For previous amendments, see No. 91, 1976; No. 1, 1978; No. 74, 1981; No. 80, 1982; Nos. 21 and 75, 1983; Nos. 2, 63 and 72, 1984; No. 65, 1985; No. 76, 1987; and No. 69, 1988.

[Minister’s second reading speech made in—

House of Representatives on 30 October 1989 Senate on 14 December 1989]

Overview

The Customs Tariff (Anti-Dumping) Amendment Act 1989 (No. 173 of 1989) was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Customs Tariff (Anti-Dumping) Act 1975, primarily in response to the need to streamline and modernise the legislative framework governing anti-dumping measures. This amendment introduced various changes, including the repeal of certain sections and the incorporation of updated references to align with the Customs Act 1901. The purpose of the Act is to ensure that anti-dumping duties, countervailing duties, and third-country related duties are applied in a manner consistent with contemporary legal standards and practices. By updating the relevant sections, the Act aims to enhance the effectiveness and clarity of the anti-dumping measures in the Australian customs tariff.

Scope and Application

The Customs Tariff (Anti-Dumping) Amendment Act 1989 applies to the amendments of the Customs Tariff (Anti-Dumping) Act 1975. The Act impacts entities engaged in international trade, particularly those involved in importing goods that may be subject to anti-dumping duties in Australia. The geographic reach of this Act is national, as it applies across the Commonwealth of Australia. It aligns with the Customs Act 1901 by incorporating specific provisions and declarations related to anti-dumping duties. The Act repeals several sections of the Principal Act and replaces them with corresponding provisions in the Customs Act 1901. Transitional provisions ensure that actions taken under the repealed sections of the Principal Act continue to have effect as if they were under the new corresponding provisions. The Act does not explicitly state exclusions, exemptions, or thresholds, but its application and enforcement may be influenced by subordinate instruments under the Customs Act 1901.

Key Provisions

The Customs Tariff (Anti-Dumping) Amendment Act 1989 (Act) amends the Customs Tariff (Anti-Dumping) Act 1975 (Principal Act) by modifying several key sections to align them with the Customs Act 1901. Specifically, sections 8, 9, 10, and 11 of the Principal Act are amended to incorporate references to declarations made under the Customs Act, while sections 3 to 5a, 11a, 12, 12a, 12b, 13, 17, 18, 19, 20, and 22 of the Principal Act are repealed (sections 1, 2, 4, 5, 6, 7, 8, 9). The amendments ensure that the imposition of anti-dumping duties is now contingent on declarations made under the Customs Act. This Act also provides transitional provisions to ensure continuity of actions and delegations made under the repealed sections of the Principal Act (section 9). The Act imposes obligations on various parties, including the Minister for Finance and the Comptroller-General of Customs, to ensure that anti-dumping duties are imposed correctly. The Minister for Finance must make declarations under the Customs Act for the imposition of anti-dumping duties, while the Comptroller-General of Customs must ensure compliance with these declarations. Additionally, entities involved in importing goods subject to anti-dumping duties must comply with the provisions of both the Customs Act and this Act to avoid penalties. Breach of the provisions of this Act can result in significant penalties. While the Act does not explicitly state the penalties for breaches, the imposition of anti-dumping duties is a critical mechanism to deter and penalise dumping and subsidising practices. Failure to comply with these duties can lead to financial penalties and other consequences as determined by the courts. The penalties for non-compliance with anti-dumping duties can include fines and other sanctions, which are designed to protect domestic industries from unfair trade practices. The severity of these penalties can vary based on the nature and extent of the breach, with maximum penalties typically aligning with those prescribed under the Customs Act.

Legal classification tags

Area of Law
International Trade Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Offence Provisions
Enforcement Powers

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