Customs Tariff (Anti-Dumping) Amendment Act 1992
No. 90 of 1992
An Act to amend the Customs Tariff (Anti-Dumping) Act 1975
[Assented to 30 June 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Customs Tariff (Anti-Dumping) Amendment Act 1992.
(2) In this Act, “Principal Act” means the Customs Tariff (Anti-Dumping) Act 19751.
Commencement
2.(1) This Act commences on a day to be fixed by Proclamation.
(2) If the commencement of this Act is not fixed by a Proclamation published in the Gazette within the period of 6 months beginning on the day on which this Act receives the Royal Assent, this Act commences on the first day after the end of that period.
Dumping duties
3. Section 8 of the Principal Act is amended:
(a) by inserting after subsection (5A) the following subsection:
“(5AA) If, in the circumstances specified in section 269TJA of the Customs Act, both a notice under section 269TG of that Act and a notice under section 269TJ of that Act are published at the same time and in respect of the same goods, the Minister must, in exercising his or her powers under subsection (5) in relation to dumping duty in respect of the goods, have regard to the desirability of ensuring that the amount of dumping duty in respect of the goods, when aggregated with the amount of countervailing duty in respect of the goods, is not greater than is necessary to prevent the injury or a recurrence of the injury, or to remove the hindrance referred to in paragraphs 269TG(1)(b) and 269TJ(1)(b) or in paragraphs 269TG(2)(b) and 269TJ(2)(b), as the case requires.”;
(b) by omitting from paragraph (7)(b) “Commercial”;
(c) by adding at the end the following subsection:
“(9) In this section, a reference to a Tariff Concession Order includes a reference to a Commercial Tariff Concession Order made under Part XVA of the Customs Act as in force before section 10 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences.”.
Countervailing duties
4. Section 10 of the Principal Act is amended:
(a) by inserting after subsection (5A) the following subsection:
“(5AA) If, in the circumstances specified in section 269TJA of the Customs Act, both a notice under section 269TJ of that Act and a notice under section 269TG of that Act are published at the same time and in respect of the same goods, the Minister must, in exercising his or her powers under subsection (5) in relation to countervailing duty in respect of the goods, have regard to the desirability of ensuring that the amount of countervailing duty in respect of the goods, when aggregated with the amount of dumping duty in respect of the goods, is not greater than is necessary to prevent the injury or a recurrence of the injury, or to remove the hindrance referred to in paragraphs 269TG(1)(b) and 269TJ(1)(b) or in paragraphs 269TG(2)(b) and 269TJ(2)(b), as the case requires.”;
(b) by omitting from paragraph (8)(aa) “Commercial”;
(c) by adding at the end the following subsection:
“(10) In this section, a reference to a Tariff Concession Order includes a reference to a Commercial Tariff Concession Order made under Part XVA of the Customs Act as in force before
section 10 of the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992 commences.”.
NOTE
1. No. 76, 1975, as amended. For further amendments, see No. 66, 1981; Nos. 53, 68, 114 and 136, 1982; Nos. 20 and 91, 1983; No. 1, 1984; No. 39, 1985; Nos. 76 and 141, 1987; No. 69, 1988; No. 173, 1989; and No. 70, 1990.
[Minister’s second reading speech made in—
House of Representatives on 7 May 1992
Overview
The Customs Tariff (Anti-Dumping) Amendment Act 1992 was enacted by the Parliament of Australia to address the need for better regulation of dumping and countervailing duties in the context of international trade. This amendment to the Customs Tariff (Anti-Dumping) Act 1975 aimed to refine the framework through which such duties are imposed, ensuring they are both effective and proportionate to the harm caused by unfair trade practices. The Act introduced provisions to align the imposition of dumping and countervailing duties more closely with the objectives of preventing injury to domestic industries and ensuring that the duties do not exceed what is necessary to address the identified issues. The Act came into effect on a date to be fixed by proclamation, with a default commencement date set should the proclamation not be issued within six months of the Act receiving Royal Assent.
Scope and Application
The Customs Tariff (Anti-Dumping) Amendment Act 1992 amends the Customs Tariff (Anti-Dumping) Act 1975 and applies to all entities and persons involved in the importation of goods into Australia that are subject to dumping or countervailing duties. The Act governs the imposition of these duties to counteract the injurious effects of dumped or subsidised imports, ensuring fair competition within the Australian market. The legislation applies across Australia, as it is a Commonwealth Act, and its provisions extend to all states and territories within the nation. The Act does not explicitly state exclusions or exemptions, but its application is contingent upon the publication of specific notices under the Customs Act, which triggers the process of imposing anti-dumping or countervailing duties. The Act may also extend its application through subordinate instruments, as indicated by references to Tariff Concession Orders and the Customs Act, allowing for further regulations and adjustments to the scope and specifics of duty imposition.
Key Provisions
The Customs Tariff (Anti-Dumping) Amendment Act 1992 (Act) makes significant amendments to the Customs Tariff (Anti-Dumping) Act 1975 (Principal Act) by introducing new provisions concerning the imposition of dumping and countervailing duties on imported goods. Specifically, section 3 of the Act amends section 8 of the Principal Act, which deals with dumping duties. The key change is the addition of subsection (5AA) that requires the Minister to consider ensuring the total amount of dumping duty, when aggregated with countervailing duty, is not excessive to prevent injury or a recurrence of injury, or to remove a hindrance. This amendment reflects a shift in policy to balance the need for protection against the imposition of overly burdensome duties on importers. Additionally, subsection (7) is amended by removing the word “Commercial,” and subsection (9) clarifies the definition of a Tariff Concession Order.
Section 4 of the Act similarly amends section 10 of the Principal Act, which pertains to countervailing duties. Subsection (5AA) is inserted to mandate that the Minister must consider ensuring that the total amount of countervailing duty, when aggregated with dumping duty, is not excessive to achieve the same objectives. The amendment also omits the word “Commercial” from subsection (8) and includes a clarification in subsection (10) regarding the definition of a Tariff Concession Order.
The Act imposes obligations on the Minister to carefully consider the total duty burden when imposing dumping or countervailing duties, ensuring that the aggregate amount is not more than necessary to address the injury or hindrance caused by dumped or subsidised imports. This involves a detailed assessment of the impact of both types of duties on the importer and the domestic industry.
There are no specific offences, penalties, or consequences outlined in the Act itself. However, breaches of the provisions of the Principal Act, as amended by this Act, could lead to legal challenges or administrative actions. Such challenges may be brought in the Federal Court of Australia, and penalties for non-compliance with the Act could include fines and other civil or administrative penalties as provided under the Customs Act 1901 or other applicable legislation. The precise penalties would depend on the specific nature of the breach and the provisions of the relevant Acts.