Notification of disallowance - 2 March 2016

Overview

The Customs (Anti-Dumping Review Panel Fee) Instrument 2015, which was disallowed by the Senate on 2 March 2016, was intended to provide funding for the Anti-Dumping Review Panel under the Customs Act 1901. This legislative instrument aimed to establish a fee structure for the review panel to ensure that it could operate effectively and independently. The disallowance resolution was passed by the Senate, reflecting the body's role in overseeing and scrutinising delegated legislation to ensure it aligns with the objectives and spirit of the primary legislation. The policy objective behind this instrument was to create a sustainable financial model for the Anti-Dumping Review Panel, facilitating its ability to perform its critical function of reviewing anti-dumping measures without undue influence or budgetary constraints.

Scope and Application

The Customs (Anti-Dumping Review Panel Fee) Instrument 2015, which was subsequently disallowed by the Senate, applied to any individual or entity that was subject to a review by the Anti-Dumping Review Panel under the Customs Act 1901. This particular instrument pertained to the fees associated with such reviews and would have affected parties involved in import transactions that were subject to anti-dumping duties. The geographic scope of the Act is national, as it falls under the Commonwealth jurisdiction and applies across all states and territories in Australia. The disallowance by the Senate nullified the instrument's provisions, meaning it did not come into effect as originally intended. The disallowance resolution highlights the parliamentary oversight over legislative instruments made under specific acts, ensuring that any potential overreach or inconsistency with broader legislative intent is addressed.

Key Provisions

The Customs (Anti-Dumping Review Panel Fee) Instrument 2015, which was disallowed by the Senate on 2 March 2016, was created under the authority of subsections 269ZZE(3) and 269ZZQ(2) of the Customs Act 1901. This instrument likely pertained to fees associated with the review panel established under the anti-dumping provisions of the Act, which are aimed at protecting Australian industries from unfairly low-priced imports (section 269ZZE). The disallowance means that this particular instrument, which would have detailed the specific fees and payment processes, is no longer in effect (section 269ZZQ). The disallowance of the Customs (Anti-Dumping Review Panel Fee) Instrument 2015 imposes certain obligations on the parties involved. The Australian government, specifically the Department of Finance and the Department of Foreign Affairs and Trade, would need to revise the process for collecting fees related to anti-dumping review panel activities. This involves re-evaluating the fee structure, ensuring compliance with legislative requirements, and potentially creating a new instrument that would need to be tabled in Parliament. Additionally, any entities that were subject to fees under the disallowed instrument must await the new legislative provisions before resuming their obligations. Breaches of the requirements set out in the Customs Act 1901 can lead to various civil and criminal consequences. For example, if a party fails to comply with the fee regulations, they might be subject to penalties outlined in section 283D. This section specifies that a person who contravenes a provision of the Act may be liable for a penalty. The maximum penalty can be significant, depending on the nature and severity of the offence. For instance, in the case of a corporation, the maximum penalty can be up to 10,000 penalty units under section 12AD, while for an individual, the penalty could be up to 1,100 penalty units, with each penalty unit equating to $222 as of 2023. Additionally, ongoing non-compliance could result in court orders for restitution or other remedies as deemed appropriate by the court.