EXPLANATORY STATEMENT
Instrument of Approval for Approved Forms for Review of Certain Decisions Concerning Dumping or Countervailing Duties 2012
Customs Act 1901
Under Part XVB, Division 9 of the Customs Act 1901 (the Act), the Trade Measures Review Officer (TMRO) may review certain decisions made by the Minister responsible for Customs and Border Protection or by the Chief Executive Officer of the Australian Customs and Border Protection Service in relation to anti-dumping measures. Section 269ZXA of the Act empowers the TMRO to approve forms for applying for review of decisions that are reviewable by the TMRO. Applications must be made in the approved form.
Background
This instrument replaces previous approved forms for the purpose of applying for TMRO review of certain Ministerial decisions and CEO decisions made under Part XVB of the Act. The approved forms are of a machinery nature, and do not substantially alter the existing arrangements for applications to the TMRO. The amendments clarify the requirements for lodging an application for TMRO review, update contact details for the TMRO and expressly facilitate applications being made by email.
The amended approved forms are as follows:
a) Review of a decision in respect of an assessment of the amount of dumping or countervailing duty payable. This is the form to be used when applying for TMRO review of a decision of the CEO in respect of an assessment of the amount of dumping or countervailing duty payable.
b) Review of a decision to reject an application for the publication of a dumping duty notice or a countervailing duty notice. This is the form to be used when applying for TMRO review of a decision of the CEO to reject an application for the publication of a dumping duty notice or a countervailing duty notice.
c) Review of a decision whether to publish a dumping duty or countervailing duty notice. This is the form to be used when applying for TMRO review of a decision of the Minister whether to publish a dumping duty notice or countervailing duty notice (or both).
d) Review of a decision to reject or terminate an application for duty assessment: This is the form to be used when applying for TMRO review of a decision of the CEO to reject or terminate examination of an application for duty assessment.
e) Review of a decision to terminate an investigation into an application for dumping or countervailing measures. This is the form to be used when applying for TMRO review of a decision of the CEO to terminate an investigation into an application for dumping or countervailing measures.
Instrument
The amended approved forms are taken to revoke all previous forms, if any, issued pursuant to section 269ZXA(1) relating to the subject matter with which the forms deal. This instrument is described in s 269ZXA of the Act as a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, and is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Consultation
The TMRO did not consult on this instrument because it is minor and machinery in nature.
Human rights compatibility statement
The TMRO has assessed this instrument as being compatible with human rights. It provides for approved forms for seeking review of administrative decisions consistently with Part XVB of the Customs Act. This legislative instrument does not otherwise engage, impact on or limit in any way the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at s 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Commencement
The approved forms will take effect on and from the time at which the forms are available to the public on the www.tmro.gov.au website.
Overview
The Customs Act 1901, enacted by the Parliament of Australia, governs the administration of customs and excise in Australia. The 2012 legislative instrument updates and replaces the approved forms for applying for review of certain decisions made by the Minister responsible for Customs and Border Protection or the Chief Executive Officer of the Australian Customs and Border Protection Service in relation to anti-dumping measures. This revision aims to clarify the application requirements for Trade Measures Review Officer (TMRO) review, update contact details, and allow for applications to be made by email. This instrument is designed to streamline the review process while maintaining the integrity and consistency of the existing administrative framework. The approved forms are of a machinery nature and do not substantially alter the existing arrangements for applications to the TMRO.
Scope and Application
The F2012L00868 Instrument of Approval for Approved Forms for Review of Certain Decisions Concerning Dumping or Countervailing Duties 2012 pertains to the Customs Act 1901, specifically under Part XVB, Division 9. It applies to the Trade Measures Review Officer (TMRO), who is responsible for reviewing certain decisions made by the Minister for Customs and Border Protection or the Chief Executive Officer of the Australian Customs and Border Protection Service in relation to anti-dumping measures. This legislation mandates the use of approved forms for applications seeking review of decisions related to the assessment of dumping or countervailing duties, the publication of dumping or countervailing duty notices, and the rejection, termination, or investigation of applications for duty assessments. The instrument updates the approved forms to include provisions for email submissions and incorporates new contact details for the TMRO, without altering the fundamental processes for lodging an application. The geographic scope of the Act is national, as it applies across Australia, and it does not specify any exclusions or exemptions beyond those inherent in the types of decisions reviewable by the TMRO. The instrument also serves as a legislative instrument under the Legislative Instruments Act 2003 and is considered a disallowable instrument under the Acts Interpretation Act 1901.
Key Provisions
The instrument (F2012L00868) pertains to the Customs Act 1901, particularly under Part XVB, Division 9, which deals with anti-dumping and countervailing duties. It introduces amended approved forms for review applications submitted to the Trade Measures Review Officer (TMRO). These forms are for specific types of decisions made by the Minister or the Chief Executive Officer of the Australian Customs and Border Protection Service. These decisions include assessments of dumping or countervailing duties payable, rejections of applications for publishing duty notices, decisions on whether to publish such notices, rejections or terminations of duty assessment applications, and terminations of investigations into dumping or countervailing measures (sections 269ZXA, 269ZXB, 269ZXC, 269ZXD, 269ZXE). Applications for review must be made using these approved forms.
The obligations imposed by the Act on parties or entities governed by it include the requirement to use the newly approved forms when applying for TMRO review of certain decisions. These forms specify the type of decision being appealed and provide a structured way to present the application. The Act also mandates that these forms replace all previous forms concerning the same subject matter, ensuring that all applications are submitted using the most current and accurate templates. Furthermore, the Act requires the TMRO to facilitate applications made via email, updating the contact details to reflect this change.
Breaches of the Act, particularly non-compliance with the requirement to use the approved forms for review applications, could result in the application being dismissed or delayed. The Act does not explicitly state any criminal or civil penalties for such breaches. However, the potential consequences of not using the approved form could include the invalidation of the review application, leading to the original decision remaining unchallenged. Given that the Act is machinery in nature and does not specify penalties, the primary consequence of non-compliance is likely the administrative inconvenience and potential loss of the right to seek review.