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This is a Bill, not an Act. For current law, see the Acts databases.

CUSTOMS AMENDMENT (ANTI-DUMPING IMPROVEMENTS) BILL (NO. 1) 2012

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Anti-dumping
Improvements) Bill (No. 2) 2011
No. , 2011
(Home Affairs)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
i Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Customs Act 1901
3
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 1
A Bill for an Act to amend the Customs Act 1901,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Customs Amendment (Anti-dumping
5
Improvements) Act (No. 2) 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Customs Act 1901
3
1 Subsection 269SM(9)
4
Omit "an independent reviewer, the Trade Measures Review Officer,
5
and provide for the Review Officer to review Ministerial decisions to
6
publish or not to publish dumping duty notices or countervailing duty
7
notices", substitute "an independent panel, the Review Panel, and
8
provide for the Panel to review a range of Ministerial decisions
9
(including decisions to publish or not to publish dumping duty notices
10
or countervailing duty notices)".
11
2 Subsection 269T(1) (definition of Review Officer)
12
Repeal the definition.
13
3 Subsection 269T(1)
14
Insert:
15
Review Panel means the Review Panel established under
16
section 269ZL.
17
4 Paragraph 269TC(3)(b)
18
Omit "Review Officer", substitute "Review Panel".
19
5 Subparagraph 269TC(4)(bf)(ii)
20
Repeal the subparagraph, substitute:
21
(ii) within such longer period as the Minister allows under
22
section 269ZHI;
23
6 Paragraph 269TDA(15)(c)
24
Omit "Review Officer", substitute "Review Panel".
25
7 Subsection 269TEA(1)
26
Omit "before the end of the period for reporting to the Minister that is
27
referred to in paragraph 269TC(4)(bf)", substitute "within 155 days
28
after the date of initiation of the investigation or such longer period as
29
the Minister allows under section 269ZHI".
30
Schedule 1 Amendments
4 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
8 Subsection 269X(1)
1
Omit "but not more than 155 days after the lodgment of that
2
application", substitute "and within 155 days after the lodgement of that
3
application or such longer period as the Minister allows under
4
section 269ZHI".
5
9 Subparagraph 269X(7)(b)(ii)
6
Omit "Review Officer", substitute "Review Panel".
7
10 Paragraph 269X(8)(b)
8
Omit "Review Officer", substitute "Review Panel".
9
11 Subsection 269Y(1)
10
Omit "Review Officer", substitute "Review Panel".
11
12 Subparagraph 269YA(5)(a)(iii)
12
Omit "Review Officer", substitute "Review Panel".
13
13 Subparagraph 269ZC(7)(c)(ii)
14
Repeal the subparagraph, substitute:
15
(ii) within such longer period as the Minister allows under
16
section 269ZHI; and
17
14 Subsection 269ZD(1)
18
Omit "within the time limit specified for so doing on that notice",
19
substitute "within 110 days after the publication of the notice or such
20
longer period as the Minister allows under section 269ZHI".
21
15 Subsection 269ZDA(1)
22
Omit "before the end of the period referred to in paragraph 269ZC(7)(c)
23
as it applies to those measures", substitute "within 155 days after the
24
date of publication of the notice under subsection 269ZC(4), (5) or (6)
25
in relation to those measures or such longer period as the Minister
26
allows under section 269ZHI".
27
16 Subparagraph 269ZHD(5)(c)(ii)
28
Repeal the subparagraph, substitute:
29
(ii) within such longer period as the Minister allows under
30
section 269ZHI; and
31
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 5
17 Subsection 269ZHE(1)
1
Omit "within the time limit specified for so doing in the notice",
2
substitute "within 110 days after the publication of the notice or such
3
longer period as the Minister allows under section 269ZHI".
4
18 Subsection 269ZHF(1)
5
Omit "before the end of the period referred to in paragraph
6
269ZHD(5)(c) as it applies to those measures", substitute "within 155
7
days after the date of publication of the notice under subsection
8
269ZHD(4) in relation to those measures or such longer period as the
9
Minister allows under section 269ZHI".
10
19 Section 269ZHH
11
Omit "the period for placing statements of essential facts on the public
12
record", substitute "various periods for doing things under this Part".
13
20 Section 269ZHI
14
Repeal the section, substitute:
15
269ZHI Minister may extend certain periods of time
16
(1) The CEO may give the Minister a written request for one or more
17
of the following:
18
(a) an extension of the 110-day period referred to in subsection
19
269TDAA(1);
20
(b) an extension of the 155-day period referred to in subsection
21
269TEA(1);
22
(c) an extension of the 155-day period referred to in subsection
23
269X(1);
24
(d) an extension of the 110-day period referred to in subsection
25
269ZD(1);
26
(e) an extension of the 155-day period referred to in subsection
27
269ZDA(1);
28
(f) an extension of the 110-day period referred to in subsection
29
269ZHE(1);
30
(g) an extension of the 155-day period referred to in subsection
31
269ZHF(1).
32
(2) The CEO must give reasons for the request.
33
Schedule 1 Amendments
6 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
(3) The Minister may approve a request if the Minister is satisfied that
1
it is reasonable to do so. The Minister must notify the CEO of the
2
extension period.
3
(4) If the Minister refuses a request, the Minister must notify the CEO
4
of the refusal.
5
(5) The Minister may grant more than one extension of a period
6
referred to in subsection (1).
7
21 Division 8 of Part XVB (heading)
8
Repeal the heading, substitute:
9
Division 8--Review Panel
10
22 Sections 269ZK to 269ZT
11
Repeal the sections, substitute:
12
269ZK What this Division is about
13
This Division establishes the Review Panel. It:
14
·
deals with the appointment of members to the Panel; and
15
·
deals with the terms and conditions for members; and
16
·
provides for the provision of resources to the Panel; and
17
·
regulates the disclosure of information in the Panel's control.
18
269ZL Establishment of Review Panel
19
The Review Panel is established by this section.
20
269ZM Membership of the Review Panel
21
The Review Panel consists of the following members:
22
(a) a Senior Member;
23
(b) at least 2 other members.
24
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 7
269ZN Review Panel's powers
1
The Review Panel has power to do all things necessary or
2
convenient to be done for or in connection with the performance of
3
its functions under this Part in relation to the review of certain
4
decisions made by the Minister or the CEO.
5
Note:
Sections 269ZZA and 269ZZN set out these reviewable decisions.
6
269ZO Protection of members
7
A member of the Review Panel has, in the performance of his or
8
her duties as a member, the same protection and immunity as a
9
Justice of the High Court.
10
269ZP Appointment of members
11
(1) Each member of the Review Panel is to be appointed by the
12
Minister by written instrument.
13
(2) A member of the Review Panel holds office on a part-time basis.
14
(3) The Minister must not appoint an officer of Customs as a member
15
of the Review Panel.
16
(4) A person must not be appointed as a member of the Review Panel
17
unless the Minister is satisfied that the person has appropriate
18
qualifications, knowledge or experience.
19
269ZQ Period of appointment for members
20
A member of the Review Panel holds office for the period
21
specified in the instrument of appointment. The period must not
22
exceed 3 years.
23
Note:
For reappointment, see section 33AA of the Acts Interpretation Act
24
1901.
25
269ZR Terms and conditions of appointment
26
(1) A member of the Review Panel holds office on such terms and
27
conditions as are determined in writing by the Minister.
28
(2) An office of Review Panel member is not a public office for the
29
purposes of Part II of the Remuneration Tribunal Act 1973.
30
Schedule 1 Amendments
8 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
269ZS Disclosure of interests to the Minister
1
A member of the Review Panel must give written notice to the
2
Minister of any direct or indirect pecuniary interest that the
3
member has or acquires and that conflicts or could conflict with the
4
proper performance of the member's functions.
5
269ZT Outside employment
6
A member of the Review Panel must not engage in any paid
7
employment that, in the Minister's opinion, conflicts or may
8
conflict with the proper performance of the member's duties.
9
269ZTA Resignation
10
(1) A member of the Review Panel may resign his or her appointment
11
by giving the Minister a written resignation.
12
(2) The resignation takes effect on the day it is received by the
13
Minister or, if a later day is specified in the resignation, on that
14
later day.
15
269ZTB Termination of appointment
16
(1) The Minister may terminate the appointment of a member of the
17
Review Panel for misbehaviour or physical or mental incapacity.
18
(2) The Minister may terminate the appointment of a member of the
19
Review Panel if:
20
(a)
the
member:
21
(i) becomes bankrupt; or
22
(ii) applies to take the benefit of any law for the relief of
23
bankrupt or insolvent debtors; or
24
(iii) compounds with his or her creditors; or
25
(iv) makes an assignment of his or her remuneration for the
26
benefit of his or her creditors; or
27
(b) the member engages in paid employment that, in the
28
Minister's opinion, conflicts or may conflict with the proper
29
performance of the member's duties (see section 269ZT); or
30
(c) the member fails, without reasonable excuse, to comply with
31
section 269ZS; or
32
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 9
(d) the member is absent from duty, except on leave of absence,
1
for 14 consecutive days or for 28 days in any 12 months.
2
269ZTC Acting appointments
3
The Minister may, by written instrument, appoint a person to act as
4
a member of the Review Panel:
5
(a) during a vacancy in the office of the member (whether or not
6
an appointment has previously been made to the office); or
7
(b) during any period, or during all periods, when the member:
8
(i) is absent from duty or from Australia; or
9
(ii) is, for any reason, unable to perform the duties of the
10
office.
11
Note:
For rules that apply to acting appointments, see sections 33AB and
12
33A of the Acts Interpretation Act 1901.
13
269ZTD Provision of resources to Review Panel
14
(1) The Minister must arrange with the Review Panel for sufficient
15
resources (including personnel) to be made available to the Panel
16
to enable the Panel to perform the Panel's functions effectively.
17
(2) If a person is performing services for the Review Panel under such
18
an arrangement, the person must perform those services in
19
accordance with the directions of the Panel.
20
23 Section 269ZU (heading)
21
Repeal the heading, substitute:
22
269ZU Review Panel may supply information
23
24 Subsections 269ZU(1) and (2)
24
Omit "Review Officer" (wherever occurring), substitute "Review
25
Panel".
26
25 Subsection 269ZU(2)
27
Omit "section 269ZT", substitute "section 269ZTD".
28
26 Subsections 269ZV(1) and (2)
29
Schedule 1 Amendments
10 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
Omit "Review Officer" (wherever occurring), substitute "Review
1
Panel".
2
27 Division 9 of Part XVB (heading)
3
Repeal the heading, substitute:
4
Division 9--Review by Review Panel
5
28 Section 269ZW
6
Repeal the section, substitute:
7
269ZW What this Division is about
8
This Division sets out the procedures for review by the Review
9
Panel of certain decisions by the Minister or the CEO. It includes:
10
·
provisions dealing with definitions and other preliminary
11
matters (Subdivision A); and
12
·
the mechanism for review of certain Ministerial decisions
13
(Subdivision B); and
14
·
the mechanism for review of certain decisions made by the
15
CEO (Subdivision C); and
16
·
the keeping of a public record in relation to certain reviews
17
conducted under this Division (Subdivision D).
18
This Division does not provide for a right of review of a decision
19
made by the Minister following a review under Division 6 or
20
Subdivision B of this Division.
21
29 Section 269ZX (definition of approved form)
22
Repeal the definition.
23
30 Section 269ZX (after paragraph (a) of the definition of
24
interested party)
25
Insert:
26
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 11
(aa) if there was an application under subsection 269ZA(1) that
1
led to the making of the reviewable decision--the applicant
2
in relation to that application;
3
(ab) if there was an application under section 269ZHB that led to
4
the making of the reviewable decision--the applicant in
5
relation to that application;
6
31 Sections 269ZXA and 269ZY
7
Repeal the sections, substitute:
8
269ZY Form and manner of applications
9
The CEO must, by writing:
10
(a) approve a form for applications for a review under
11
Subdivision B or C; and
12
(b) approve the manner of making those applications.
13
269ZYA Constitution of Review Panel for purposes of review
14
For the purposes of a particular review under Subdivision B or C,
15
the Review Panel is to be constituted by a single member of the
16
Panel specified in a written direction given by the Senior Member
17
of the Panel.
18
269ZYB Member unavailable to complete review
19
(1) This section applies if:
20
(a) the Review Panel is undertaking a review under Subdivision
21
B or C; and
22
(b) before the review has been completed, the member who
23
constitutes the Panel for the purposes of the review has:
24
(i) ceased to be a member; or
25
(ii) ceased to be available for the purposes of the review.
26
(2) The Senior Member of the Review Panel must give a written
27
direction reconstituting the Panel for the purposes of the review.
28
(3) The Review Panel, as so reconstituted, must complete the review
29
and may, for that purpose, have regard to any record of the
30
proceedings of the review made by the Panel as previously
31
constituted.
32
Schedule 1 Amendments
12 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
32 Section 269ZZ (heading)
1
Repeal the heading, substitute:
2
269ZZ Review Panel to have regard to same considerations as
3
Minister
4
33 Subsection 269ZZ(1)
5
Omit "Review Officer" (wherever occurring), substitute "Review
6
Panel".
7
34 Paragraph 269ZZ(1)(a)
8
Omit "he or she", substitute "it".
9
35 Subsection 269ZZ(2)
10
Omit "Review Officer's" (wherever occurring), substitute "Review
11
Panel's".
12
36 Subsection 269ZZA(1)
13
Omit "Review Officer", substitute "Review Panel".
14
37 At the end of subsection 269ZZA(1)
15
Add:
16
; (c) a decision by the Minister under subsection 269ZDB(1);
17
(d) a decision by the Minister under subsection 269ZHG(1).
18
38 Subsection 269ZZA(2)
19
Omit "paragraph (1)(a) or (b)", substitute "subsection (1)".
20
39 Subsection 269ZZA(2)
21
Omit "5 or".
22
40 Subsection 269ZZA(2) (note)
23
Omit "Review Officer" (wherever occurring), substitute "Review
24
Panel".
25
41 Section 269ZZB
26
Repeal the section, substitute:
27
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 13
269ZZB Overview of a review of Minister's decision
1
The following diagram gives an overview of a review under this
2
Subdivision of a reviewable decision.
3
4
42 Section 269ZZD
5
Application for review of reviewable decision made
within 30 days of notification of decision
Review Panel to publish notice of the review
Submissions made to Review Panel
Review Panel to
conduct review
Review Panel may require
CEO to undertake further
investigation
CEO to give report on
further investigation
to Review Panel
Review Panel to make recommendation to Minister
Minister to consider Review Panel's recommendation
and to make a decision
Reviewable decision
affirmed
Reviewable decision
revoked and new
decision substituted
Schedule 1 Amendments
14 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
Repeal the section, substitute:
1
269ZZD When must an application be made?
2
An application for a review must be made within 30 days after:
3
(a) for a decision referred to in paragraph 269ZZA(1)(a) or (b)--
4
a public notice of the decision is first published in a
5
newspaper under section 269ZI; or
6
(b) for a decision referred to in paragraph 269ZZA(1)(c)--a
7
notice of the decision is first published in a newspaper under
8
subsection 269ZDB(1); or
9
(c) for a decision referred to in paragraph 269ZZA(1)(d)--a
10
notice of the decision is first published in a newspaper under
11
subsection 269ZHG(1).
12
43 Paragraph 269ZZE(1)(b)
13
Omit "an approved form", substitute "accordance with a form approved
14
under section 269ZY".
15
44 At the end of subsection 269ZZE(1)
16
Add:
17
; and (e) be made in the manner approved under section 269ZY.
18
45 Paragraphs 269ZZE(2)(b) and (c)
19
Repeal the paragraphs, substitute:
20
(b) contain a statement setting out the applicant's reasons for
21
believing that the reviewable decision is not the correct or
22
preferable decision.
23
46 Subsection 269ZZE(3)
24
Repeal the subsection.
25
47 Sections 269ZZF and 269ZZG
26
Repeal the sections, substitute:
27
269ZZG Rejection of application--failure to establish decision not
28
the correct or preferable decision
29
(1)
If:
30
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 15
(a) an application contains a statement mentioned in paragraph
1
269ZZE(2)(b); and
2
(b) the Review Panel is not satisfied that the statement sets out
3
reasonable grounds for the reviewable decision not being the
4
correct or preferable decision;
5
the Panel may, by notice given to the applicant, request the
6
applicant to amend the statement, within the 30-day period referred
7
to in section 269ZZD, to set out reasonable grounds for the
8
reviewable decision not being the correct or preferable decision.
9
(2) The Review Panel may reject an application if, at the end of the
10
30-day period referred to in section 269ZZD, the Panel is not
11
satisfied that the applicant has given the Panel information setting
12
out reasonable grounds for the reviewable decision not being the
13
correct or preferable decision.
14
(3) Subsection (2) applies whether or not a notice is given under
15
subsection (1).
16
(4) Nothing in subsection (1) prevents the Review Panel from seeking
17
further information from an applicant within the 30-day period
18
referred to in section 269ZZD.
19
48 Section 269ZZH
20
Omit "Review Officer" (wherever occurring), substitute "Review
21
Panel".
22
49 Subsection 269ZZI(1)
23
Omit "Review Officer" (wherever occurring), substitute "Review
24
Panel".
25
50 Paragraph 269ZZI(2)(b)
26
Omit "(including the particular finding or findings the reinvestigation of
27
which is sought by the applicant)".
28
51 Paragraph 269ZZI(2)(c)
29
Omit "Review Officer", substitute "Review Panel".
30
52 Paragraph 269ZZI(2)(c)
31
Omit "public".
32
Schedule 1 Amendments
16 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
53 Section 269ZZJ
1
Repeal the section, substitute:
2
269ZZJ Submissions in relation to reviewable decision
3
Within 30 days after the publication of a notice under
4
section 269ZZI in relation to a review of a reviewable decision, the
5
following may make submissions to the Review Panel in
6
accordance with that notice:
7
(a) interested parties in relation to the reviewable decision;
8
(b) a trade union representing one or more persons employed in
9
the Australian industry producing, or likely to produce, like
10
goods to the goods the subject of the reviewable decision;
11
(c) a person who uses the goods the subject of the reviewable
12
decision, or like goods, in the production or manufacture of
13
other goods in Australia.
14
Note:
Sections 269ZZX and 269ZZY set out requirements concerning
15
confidential or sensitive commercial information that might be
16
contained in a submission, including the need to accompany the
17
submission with a summary of such information.
18
54 Subsection 269ZZK(1)
19
Omit "Review Officer", substitute "Review Panel".
20
55 Paragraph 269ZZK(1)(b)
21
Repeal the paragraph, substitute:
22
(b) recommending that the Minister revoke the reviewable
23
decision and substitute a specified new decision.
24
56 Subsection 269ZZK(2)
25
Repeal the subsection, substitute:
26
(2) A report under subsection (1) must set out the reasons for the
27
Review Panel's recommendation.
28
57 Subsection 269ZZK(3)
29
Omit "The report", substitute "A report under subsection (1)".
30
58 Paragraph 269ZZK(3)(b)
31
Repeal the paragraph, substitute:
32
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 17
(b) before the end of:
1
(i) unless subparagraph (ii) applies--the period of 60 days
2
beginning on the day of that notification, or such longer
3
period allowed by the Minister in writing because of
4
special circumstances; or
5
(ii) if the Review Panel gives the CEO a notice under
6
subsection 269ZZL(1)--the period of 30 days beginning
7
on the day the CEO gives the Panel the report under
8
subsection 269ZZL(2).
9
59 Subsection 269ZZK(4)
10
Omit "In", substitute "Subject to subsections (4A) and (5), in".
11
60 Subsection 269ZZK(4)
12
Omit "Review Officer", substitute "Review Panel".
13
61 Paragraph 269ZZK(4)(b)
14
Omit "subject to subsection (5),".
15
62 Paragraph 269ZZK(4)(b)
16
Omit "from interested parties within 30 days as mentioned in
17
section 269ZZJ", substitute "under section 269ZZJ within the period of
18
30 days referred to in that section".
19
63 After subsection 269ZZK(4)
20
Insert:
21
(4A) If the Review Panel gives the CEO a notice under subsection
22
269ZZL(1), then, in making the recommendation, the Review
23
Panel must have regard to the report the CEO gives the Panel under
24
subsection 269ZZL(2).
25
64 Subsection 269ZZK(5)
26
Omit "Review Officer" (wherever occurring), substitute "Review
27
Panel".
28
65 Subsection 269ZZK(6) (at the end of the definition of
29
relevant information)
30
Add:
31
Schedule 1 Amendments
18 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
; and (c) if the reviewable decision was made because of an
1
application under subsection 269ZA(1)--the information the
2
CEO had regard to, or was, under paragraph 269ZDA(3)(a),
3
required to have regard to, when making the findings set out
4
in the report under section 269ZDA to the Minister in
5
relation to the making of the reviewable decision; and
6
(d) if the reviewable decision was made because of an
7
application under section 269ZHB--the information the CEO
8
had regard to, or was, under paragraph 269ZHF(3)(a),
9
required to have regard to, when making the findings set out
10
in the report under section 269ZHF to the Minister in relation
11
to the making of the reviewable decision.
12
66 Section 269ZZL
13
Repeal the section, substitute:
14
269ZZL Review Panel may require reinvestigation by CEO before
15
making recommendation to Minister
16
(1) Before making a recommendation under subsection 269ZZK(1)
17
and before the end of the period of 60 days beginning on the day of
18
the public notification of the review under section 269ZZI, the
19
Review Panel may, by written notice, require the CEO to:
20
(a) reinvestigate a specific finding or findings that formed the
21
basis of the reviewable decision; and
22
(b) report the result of the reinvestigation to the Panel within a
23
specified period.
24
(2) The CEO must conduct a reinvestigation in accordance with the
25
Review Panel's requirements under subsection (1) and give the
26
Panel a report of the reinvestigation concerning the finding or
27
findings within the specified period.
28
(3) In a report under subsection (2), the CEO must:
29
(a) if the CEO is of the view that the finding or any of the
30
findings the subject of reinvestigation should be affirmed--
31
affirm the finding or findings; and
32
(b) set out any new finding or findings that the CEO made as a
33
result of the reinvestigation; and
34
(c) set out the evidence or other material on which the new
35
finding or findings are based; and
36
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 19
(d) set out the reasons for the CEO's decision.
1
67 Section 269ZZM (heading)
2
Repeal the heading, substitute:
3
269ZZM Minister's decision
4
68 Subsection 269ZZM(1)
5
Omit "CEO in respect of a reinvestigation under subsection
6
269ZZL(3)", substitute "Review Panel under subsection 269ZZK(1)".
7
69 Paragraph 269ZZM(3)(b)
8
After "vary", insert "or revoke".
9
70 At the end of subsection 269ZZM(3)
10
Add:
11
; or (d) if the following apply:
12
(i) the reviewable decision is a decision by the Minister
13
under subsection 269ZHG(1) not to secure the
14
continuation of anti-dumping measures;
15
(ii) those measures comprised a dumping duty notice or a
16
countervailing duty notice;
17
(iii) the notice expired under subsection 269ZHG(3) on a
18
day;
19
declare that the notice, as in force immediately before its
20
expiry, is reinstated; or
21
(e) if the following apply:
22
(i) the reviewable decision is a decision by the Minister
23
under subsection 269ZHG(1) not to secure the
24
continuation of anti-dumping measures;
25
(ii) those measures comprised the giving of an undertaking
26
by a person;
27
(iii) the person was released from the undertaking under
28
subsection 269ZHG(3);
29
(iv) the person, by notice in writing given to the Minister,
30
agrees to the undertaking being reinstated;
31
declare that the undertaking, as in force immediately before
32
the person was released from the undertaking, is reinstated.
33
Schedule 1 Amendments
20 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
71 Paragraph 269ZZM(5)(a)
1
Omit "reinvestigation", substitute "review".
2
72 After paragraph 269ZZM(5)(a)
3
Insert:
4
(aa) in the case of a notice published where the following applies:
5
(i) the reviewable decision is a decision by the Minister
6
under subsection 269ZHG(1) not to secure the
7
continuation of anti-dumping measures;
8
(ii) those measures comprised the giving of an undertaking
9
by a person;
10
(iii) the person was released from the undertaking under
11
subsection 269ZHG(3);
12
(iv) the person does not agree to the undertaking being
13
reinstated;
14
5 years after the day the decision to publish the notice takes
15
effect; or
16
73 After subsection 269ZZM(5)
17
Insert:
18
(5A) A notice that is reinstated under subsection (1), as mentioned in
19
paragraph (3)(d), expires 5 years after the day the decision to
20
reinstate the notice takes effect, unless the reinstated notice is
21
revoked before the end of that period.
22
(5B) An undertaking that is reinstated under subsection (1), as
23
mentioned in paragraph (3)(e), expires 5 years after the day the
24
decision to reinstate the undertaking takes effect, unless provision
25
is made for its earlier expiration.
26
74 Paragraph 269ZZQ(1)(b)
27
Omit "an approved form", substitute "accordance with a form approved
28
under section 269ZY".
29
75 At the end of subsection 269ZZQ(1) (before the note)
30
Add:
31
; and (e) be made in the manner approved under section 269ZY.
32
76 After subsection 269ZZQ(1)
33
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 21
Insert:
1
(1A) Without limiting paragraph (1)(c), an application must contain a
2
statement setting out the applicant's reasons for believing that the
3
reviewable decision is not the correct or preferable decision.
4
77 Subsection 269ZZQ(2)
5
Repeal the subsection.
6
78 After section 269ZZQ
7
Insert:
8
269ZZQA Rejection of application--failure to establish decision not
9
the correct or preferable decision
10
(1)
If:
11
(a) an application contains a statement mentioned in subsection
12
269ZZQ(1A); and
13
(b) the Review Panel is not satisfied that the statement sets out
14
reasonable grounds for the reviewable decision not being the
15
correct or preferable decision;
16
the Panel may, by notice given to the applicant, request the
17
applicant to amend the statement, within the 30-day period referred
18
to in section 269ZZP, to set out reasonable grounds for the
19
reviewable decision not being the correct or preferable decision.
20
(2) The Review Panel may reject an application if, at the end of the
21
30-day period referred to in section 269ZZP, the Panel is not
22
satisfied that the applicant has given the Panel information setting
23
out reasonable grounds for the reviewable decision not being the
24
correct or preferable decision.
25
(3) Subsection (2) applies whether or not a notice is given under
26
subsection (1).
27
(4) Nothing in subsection (1) prevents the Review Panel from seeking
28
further information from an applicant within the 30-day period
29
referred to in section 269ZZP.
30
79 Section 269ZZR
31
Omit "Review Officer" (wherever occurring), substitute "Review
32
Panel".
33
Schedule 1 Amendments
22 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
80 Subsection 269ZZS(1)
1
Omit "The Review Officer must make a decision on an application for
2
the review of a negative prima facie decision by", substitute "If an
3
application for the review of a negative prima facie decision is not
4
rejected under section 269ZZQA, the Review Panel must make a
5
decision on the application by".
6
81 Subsection 269ZZS(3)
7
Omit "Review Officer", substitute "Review Panel".
8
82 Subsection 269ZZS(4)
9
Omit "Review Officer's", substitute "Review Panel's".
10
83 Subsection 269ZZT(1)
11
After "section", insert "269ZZQA or".
12
84 Subsections 269ZZT(1), (2) and (4)
13
Omit "Review Officer", substitute "Review Panel".
14
85 Subsection 269ZZT(5)
15
Omit "Review Officer's", substitute "Review Panel's".
16
86 Subsection 269ZZT(6)
17
Omit "Review Officer", substitute "Review Panel".
18
87 Subsection 269ZZT(6)
19
Omit "his or her", substitute "its".
20
88 Subsection 269ZZU(1)
21
Omit "The Review Officer must make a decision on an application for
22
the review of a negative preliminary decision by", substitute "If an
23
application for the review of a negative preliminary decision is not
24
rejected under section 269ZZQA, the Review Panel must make a
25
decision on the application by".
26
89 Subsections 269ZZU(2) and (3)
27
Omit "Review Officer" (wherever occurring), substitute "Review
28
Panel".
29
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 23
90 Subsection 269ZZU(4)
1
Omit "Review Officer's", substitute "Review Panel's".
2
91 Subsection 269ZZUA(1)
3
Omit "The Review Officer must make a decision on an application for
4
the review of a rejection decision by", substitute "If an application for
5
the review of a rejection decision is not rejected under
6
section 269ZZQA, the Review Panel must make a decision on the
7
application by".
8
92 Subsections 269ZZUA(2), (3), (4) and (5)
9
Omit "Review Officer", substitute "Review Panel".
10
93 Subsection 269ZZUA(6)
11
Omit "Review Officer's", substitute "Review Panel's".
12
94 Section 269ZZV (heading)
13
Repeal the heading, substitute:
14
269ZZV Effect of Review Panel's decision
15
95 Section 269ZZV
16
Omit "Review Officer's", substitute "Review Panel's".
17
96 Paragraph 269ZZV(b)
18
Omit "Review Officer", substitute "Review Panel".
19
97 Section 269ZZX (heading)
20
Repeal the heading, substitute:
21
269ZZX Public record maintained by Review Panel
22
98 Subsection 269ZZX(1)
23
Omit "Review Officer" (first occurring), substitute "Review Panel".
24
99 Subparagraph 269ZZX(1)(a)(ii)
25
Omit "Review Officer" (wherever occurring), substitute "Review
26
Panel".
27
Schedule 1 Amendments
24 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
100 Subparagraph 269ZZX(1)(a)(iii)
1
Omit "from interested parties concerning the application that were
2
received by the Review Officer under section 269ZZI", substitute
3
"received under section 269ZZJ within the period of 30 days referred to
4
in that section".
5
101 Subsection 269ZZX(2)
6
Omit "Review Officer", substitute "Review Panel".
7
102 Subsection 269ZZY(1)
8
Omit "Review Officer" (wherever occurring), substitute "Review
9
Panel".
10
103 Subsection 269ZZY(2) (note)
11
Omit "sections 269ZZG and 269ZZQ and subsection 269ZZJ(5)",
12
substitute "sections 269ZZH and 269ZZR and subsection 269ZZK(5)".
13
104 After Part XVB
14
Insert:
15
Part XVC--International Trade Remedies Forum
16
17
269ZZYA Simplified outline
18
The following is a simplified outline of this Part:
19
·
This Part establishes the International Trade Remedies Forum.
20
·
The Forum is to advise the Minister on the anti-dumping
21
provisions in Part XVB and in the Customs Tariff
22
(Anti-Dumping) Act 1975.
23
269ZZYB Establishment of International Trade Remedies Forum
24
The International Trade Remedies Forum is established by this
25
section.
26
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 25
269ZZYC Functions of the Forum
1
The Forum has the following functions:
2
(a) to advise the Minister on the operation of Part XVB and of
3
the Customs Tariff (Anti-Dumping) Act 1975;
4
(b) to advise the Minister on improvements that could be made
5
to that Part or Act.
6
269ZZYD Membership of the Forum
7
(1) The Forum consists of the following members:
8
(a)
the
CEO;
9
(b) 11 members, each of whom represents one or more of the
10
following groups:
11
(i)
Australian
producers;
12
(ii)
Australian
manufacturers;
13
(iii) Australian industry bodies;
14
(iv)
Australian
importers;
15
(c) 4 members who represent Australian trade unions;
16
(d) such number of members to represent the Commonwealth as
17
the Minister thinks fit;
18
(e) such other members (if any) as the Minister thinks fit.
19
(2) Each of the groups mentioned in paragraph (1)(b) must be
20
represented by at least one of the 11 members referred to in that
21
paragraph.
22
269ZZYE Appointment of Forum members
23
(1) Each member of the Forum (except the CEO) is to be appointed by
24
the Minister by written instrument.
25
(2) Each member of the Forum (except the CEO) holds office on a
26
part-time basis.
27
(3) Each member of the Forum (except the CEO) holds office for the
28
period specified in the instrument of appointment. The period must
29
not exceed 3 years.
30
Note:
For reappointment, see section 33AA of the Acts Interpretation Act
31
1901.
32
Schedule 1 Amendments
26 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
(4) An appointment under this section is not a public office for the
1
purposes of Part II of the Remuneration Tribunal Act 1973.
2
269ZZYF Resignation
3
(1) A member of the Forum (except the CEO) may resign his or her
4
appointment by giving the Minister a written resignation.
5
(2) The resignation takes effect on the day it is received by the
6
Minister or, if a later day is specified in the resignation, on that
7
later day.
8
269ZZYG Forum meetings
9
Number of meetings
10
(1) The Forum must meet at least twice each calendar year.
11
CEO to convene meetings
12
(2) The CEO may convene a meeting at any time.
13
Presiding member
14
(3) The CEO presides at all meetings at which he or she is present. The
15
CEO may nominate a person to attend a meeting in his or her place
16
and, if the CEO does so, that person presides.
17
Conduct of meetings
18
(4) The Minister may, by writing, determine the procedures to be
19
followed at meetings of the Forum, including the number of
20
members who are to constitute a quorum.
21
(5) A determination made under subsection (4) is not a legislative
22
instrument.
23
105 Application
24
(1)
The amendments made by items 5, 7 and 20 (to the extent it inserts
25
paragraphs 269ZHI(1)(a) and (b) of the Customs Act 1901) apply in
26
relation to dates of initiation of investigations, where those dates are on
27
or after the commencement of those items.
28
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 27
(2)
The amendments made by items 8 and 20 (to the extent it inserts
1
paragraph 269ZHI(1)(c) of the Customs Act 1901) apply in relation to
2
applications for assessment of duty that are lodged on or after the
3
commencement of those items.
4
(3)
The amendments made by items 13, 14, 15 and 20 (to the extent it
5
inserts paragraphs 269ZHI(1)(d) and (e) of the Customs Act 1901) apply
6
in relation to notices that are published under subsection 269ZC(4), (5)
7
or (6) of that Act on or after the commencement of those items.
8
(4)
The amendments made by items 16, 17, 18 and 20 (to the extent it
9
inserts paragraphs 269ZHI(1)(f) and (g) of the Customs Act 1901) apply
10
in relation to notices that are published under subsection 269ZHD(4) of
11
that Act on or after the commencement of those items.
12
(5)
The amendments made by items 29, 31 (to the extent it inserts
13
section 269ZY of the Customs Act 1901), 43, 44, 46, 74, 75 and 77
14
apply in relation to applications for review made on or after the
15
commencement of those items.
16
(6)
The amendments made by items 30, 37, 38, 39, 42, 45, 47, 50, 52, 53,
17
55, 56, 57, 58, 59, 61, 62, 63, 65, 66, 68, 69, 70, 71, 72, 73, 76, 78, 80,
18
83, 88, 91 and 100 apply in relation to reviewable decisions made on or
19
after the commencement of those items.
20
106 Transitional--completion of reviews by Review Panel
21
Reviews started but not completed
22
(1)
If, before the commencement of this item, the Review Officer had
23
started to conduct a review but had not completed the review by that
24
commencement, then the following apply:
25
(a) after that commencement, the Senior Member of the Review
26
Panel must give a direction under section 269ZYA of the
27
amended Act constituting the Review Panel for the purposes
28
of the review;
29
(b) the Review Panel, as so constituted, must complete the
30
review under the amended Act and for that purpose:
31
(i) the Review Panel may have regard to any record of the
32
proceedings of the review made by the Review Officer
33
before that commencement; and
34
Schedule 1 Amendments
28 Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011
(ii) anything done by, or in relation to, the Review Officer
1
for the purpose of the review is taken to have been done
2
by, or in relation to, the Review Panel.
3
Reviews not yet started
4
(2)
If, before the commencement of this item, an application for review had
5
been properly made to the Review Officer but the Review Officer had
6
not started to conduct the review by that commencement, then the
7
following apply:
8
(a) after that commencement, the Review Panel must deal with
9
the application and conduct the review under the amended
10
Act as if the application had been properly made under the
11
amended Act;
12
(b) for that purpose, anything done by, or in relation to, the
13
Review Officer after the making of the application is taken to
14
have been done by, or in relation to, the Review Panel.
15
Timing of review
16
(3) If:
17
(a) subitem (1) or (2) applies; and
18
(b) before the commencement of this item, the Review Officer
19
gave public notification of the review under section 269ZZI
20
of the Customs Act 1901;
21
then, for the purposes of subparagraph 269ZZK(3)(b)(i) and subsection
22
269ZZL(1) of the amended Act, the day of that notification is taken to
23
be the day this item commences.
24
Note:
Subitem (3) deals with when the Review Panel must complete the review.
25
Definition
26
(4)
In this item:
27
amended Act means the Customs Act 1901 as amended by this Act.
28
107 Transitional--things done by, or in relation to, Review
29
Officer
30
(1)
If, before the commencement of this item, a thing was done by, or in
31
relation to, the Review Officer, then, for the purposes of the operation
32
of the Customs Act 1901 on and after that commencement, the thing is
33
taken to have been done by, or in relation to, the Review Panel.
34
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill (No. 2) 2011 No. , 2011 29
(2)
The Minister may, by writing, determine that subitem (1) does not apply
1
in relation to a specified thing.
2
(3)
A determination made under subitem (2) is not a legislative instrument.
3

 

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