Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CUSTOMS ACT 1901 - SECT 269SK

TCOs not to contravene international agreements

    If the Comptroller - General of Customs is satisfied that, in accordance with the obligations of Australia under an agreement (including a treaty or convention) between Australia and another country or other countries, the rate of duty attaching to the importation of goods (whether or not the produce of a particular country) is not to be less than a particular minimum rate, the Comptroller - General of Customs must not make a TCO that would result in a contravention of those obligations.

  This Subdivision allows certain officers ( verification officers ) to enter premises, and to exercise certain powers ( AUSFTA verification powers ) in or on the premises, for the purpose of verifying information relating to the export, production or transportation of textile and clothing goods that are exported to the US.

  However, verification officers may only enter premises under this Subdivision with the occupier's consent.

  In entering premises and exercising AUSFTA verification powers, verification officers may be accompanied by US customs officials, but only with the occupier's consent.

 

Commonwealth Coat of Arms of Australia

Customs Act 1901

No.   6, 1901

Compilation No.   179

Compilation date:   14 March 2024

Includes amendments:   Act No. 66, 2023

Registered:   14 March 2024

This compilation is in 5 volumes

Volume 1:   sections   1- 126C

Volume 2:   sections   126D- 183U

Volume 3:   sections   183UA- 269SK

Volume 4:   sections   269SM- 279

  Schedule

Volume 5:   Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Customs Act 1901 that shows the text of the law as amended and in force on 14 March 2024 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part   XVB--Special provisions relating to anti - dumping duties

269SM   Overview of Part

Division   1A--Anti - Dumping Commission and Commissioner

Subdivision A--Preliminary

269SMA   What this Division is about

Subdivision B--Anti - Dumping Commission

269SMB   Establishment

269SMC   Constitution of the Anti - Dumping Commission

269SMD   Function of the Anti - Dumping Commission

269SME   Anti - Dumping Commission has privileges and immunities of the Crown

Subdivision C--Commissioner

269SMF   Establishment

269SMG   Powers of Commissioner

269SMH   Appointment

269SMI   Term of appointment

269SMJ   Acting Commissioner

269SMK   Terms and conditions of appointment

269SML   Disclosure of interests

269SMM   Outside employment

269SMN   Resignation

269SMO   Termination of appointment

Subdivision D--Staff assisting the Commissioner

269SMQ   Staff

Subdivision E--Delegation

269SMR   Delegation

Subdivision F--Form and manner of applications

269SMS   Form and manner of applications

Subdivision G--Disclosure of information

269SMT   Disclosure of information

Division   1--Definitions and role of Minister

269SN   What this Division is about

269T   Definitions

269TAAA   Anti - dumping measures not to apply to New Zealand originating goods

269TAAB   Member countries, developing countries and special developing countries

269TAAC   Definition--countervailable subsidy

269TAACA   Determination of countervailable subsidy if non - cooperation by relevant entities

269TAAD   Ordinary course of trade

269TAA   Arms length transactions

269TAB   Export price

269TAC   Normal value of goods

269TACAA   Sampling

269TACAB   Dumping duty notice--export prices and normal values for different categories of exporters

269TACA   Non - injurious price

269TACB   Working out whether dumping has occurred and levels of dumping

269TACC   Working out whether a financial contribution or income or price support confers a benefit

269TACD   Amount of countervailable subsidy

269TAE   Material injury to industry

269TAF   Currency conversion

269TAG   Minister may take anti - dumping measures on own initiative

269TAH   Minister may delegate functions and powers to Commissioner or Commission staff members

269TA   Minister may give directions to Commissioner in relation to powers and duties under this Part

Division   2--Consideration of anti - dumping matters by the Commissioner

269TBA   What this Division is about

269TB   Application for action under Dumping Duty Act

269TC   Consideration of application

269TD   Preliminary affirmative determinations

269TDAA   Statement of essential facts in relation to investigation of application under section   269TB

269TDA   Termination of investigations

269TE   Commissioner to have regard to same considerations as Minister

269TEA   Report to Minister concerning publication of notices under this Part

269TEB   Commissioner recommendations concerning undertakings offered after preliminary affirmative determination

Division   3--Consideration of anti - dumping matters by the Minister

269TF   What this Division is about

269TG   Dumping duties

269TH   Third country dumping duties

269TJ   Countervailing duties

269TJA   Concurrent dumping and subsidy

269TK   Third country countervailing duties

269TL   Minister to give public notice not to impose duty

269TLA   Time limit for Minister to make certain decisions

269TM   Periods during which certain notices and undertakings to remain in force

269TN   Retrospective notices

269TP   Power to specify goods

269U   Inquiries in relation to undertakings

Division   4--Dumping duty or countervailing duty assessment

269UA   What this Division is about

269V   Importers may apply for duty assessment in certain circumstances

269W   Manner of making applications for duty assessment

269X   Consideration of duty assessment applications

269Y   Duty assessments

269YA   Rejection etc. of application for duty assessment

Division   5--Review of anti - dumping measures

269Z   What this Division is about

269ZA   Applications and requests for review of anti - dumping measures

269ZB   Content and lodgment of applications for review of anti - dumping measures

269ZC   Consideration of applications and requests for review

269ZCA   Application to extend a review of anti - dumping measures to include revocation

269ZCB   Content and lodgment of application to extend a review of anti - dumping measures to include revocation

269ZCC   Consideration of applications and requests for extensions of reviews

269ZD   Statement of essential facts in relation to review of anti - dumping measures

269ZDA   Report on review of measures

269ZDB   Powers of the Minister in relation to review of anti - dumping measures

Division   5A--Anti - circumvention inquiries

269ZDBA   What this Division is about

269ZDBB   Circumvention activities

269ZDBC   Applications and requests for conduct of an anti - circumvention inquiry

269ZDBD   Content and lodgement of applications for conduct of an anti - circumvention inquiry

269ZDBE   Consideration of applications and requests for conduct of an anti - circumvention inquiry

269ZDBEA   Termination of anti - circumvention inquiry

269ZDBF   Statement of essential facts in relation to conduct of an anti - circumvention inquiry

269ZDBG   Report on anti - circumvention inquiry

269ZDBH   Minister's powers in relation to anti - circumvention inquiry

Division   6--Certain exporters may seek accelerated review of dumping duty notices or countervailing duty notices

269ZDC   What this Division is about

269ZE   Circumstances in which accelerated review may be sought

269ZF   Application for accelerated review

269ZG   Consideration of application

269ZH   Effect of accelerated review

Division   6A--Continuation of anti - dumping measures

269ZHA   What this Division is about

269ZHB   Applications for continuation of anti - dumping measures

269ZHC   Content and lodgment of application for continuation of anti - dumping measures

269ZHD   Consideration of applications for continuation of anti - dumping measures

269ZHE   Statement of essential facts in relation to continuation of anti - dumping measures

269ZHF   Report on application for continuation of anti - dumping measures

269ZHG   Powers of the Minister in relation to continuation of anti - dumping measures

Division   7--Procedural and evidentiary matters

269ZHH   What this Division is about

269ZHI   Minister may extend certain periods of time

269ZI   Public notice

269ZJ   Commissioner to maintain public record for certain purposes

Division   8--Review Panel

269ZK   What this Division is about

269ZL   Establishment of Review Panel

269ZM   Membership of the Review Panel

269ZN   Review Panel's powers

269ZO   Protection of members

269ZP   Appointment of members

269ZQ   Period of appointment for members

269ZR   Terms and conditions of appointment

269ZS   Disclosure of interests to the Minister

269ZT   Outside employment

269ZTA   Resignation

269ZTB   Termination of appointment

269ZTC   Acting appointments

269ZTD   Provision of resources to Review Panel

269ZU   Review Panel may supply information

269ZV   False or misleading information

Division   9--Review by Review Panel

Subdivision A--Preliminary

269ZW   What this Division is about

269ZX   Definitions

269ZY   Form and manner of applications

269ZYA   Constitution of Review Panel for purposes of review

269ZYB   Member unavailable to complete review

269ZZ   Review Panel to have regard to same considerations as Minister

Subdivision B--Review of Ministerial decisions

269ZZA   Reviewable decisions

269ZZB   Overview of a review of Minister's decision

269ZZC   Who may seek a review?

269ZZD   When must an application be made?

269ZZE   How must an application be made?

269ZZF   Withdrawal of application

269ZZG   Rejection of application--failure to establish decision not the correct or preferable decision etc.

269ZZH   Rejection of application--failure to provide summary of confidential information

269ZZHA   Review Panel may hold conferences

269ZZI   Public notification of review

269ZZJ   Submissions in relation to reviewable decision

269ZZK   The review

269ZZL   Review Panel may require reinvestigation by Commissioner before making recommendation to Minister

269ZZM   Minister's decision

Subdivision C--Review of Commissioner's decisions

269ZZN   Reviewable decisions

269ZZO   Who may seek a review

269ZZP   When must an application be made?

269ZZQ   How must an application be made?

269ZZQAA   Withdrawal of application

269ZZQA   Rejection of application--failure to establish decision not the correct or preferable decision etc.

269ZZR   Rejection of application for review of termination decision

269ZZRA   Review Panel may hold conferences

269ZZRB   Review Panel may seek further information from the Commissioner

269ZZRC   Notification of review

269ZZS   The review of a negative prima facie decision

269ZZT   The review of a termination decision

269ZZU   The review of a negative preliminary decision

269ZZUA   The review of a rejection decision

269ZZV   Effect of Review Panel's decision

Subdivision D--Public record in relation to reviews

269ZZW   Application

269ZZX   Public record maintained by Review Panel

269ZZY   Confidential and sensitive commercial information

Part   XVC--International Trade Remedies Forum

269ZZYA   Simplified outline

269ZZYB   Establishment of International Trade Remedies Forum

269ZZYC   Functions of the Forum

269ZZYD   Membership of the Forum

269ZZYE   Appointment of Forum members

269ZZYF   Resignation

269ZZYG   Forum meetings

269ZZYH   Disclosure of information

Part   XVI--Regulations and by - laws

270   Regulations

271   Comptroller - General of Customs may make by - laws

272   By - laws specifying goods

273   Determinations

273A   By - laws and determinations for purposes of repealed items

273B   Publication of by - laws and notification of determinations

273C   Retrospective by - laws and determinations not to increase duty

273D   By - laws and determinations for purposes of proposals

273EA   Notification of proposals when House of Representatives is not sitting

273F   Interpretation

Part   XVII--Miscellaneous

273G   Briefing of Leader of Opposition on certain matters

273GAA   Notices

273GAB   Authorisation to disclose information to an officer

273GA   Review of decisions

273H   Review of decisions under Customs Tariff Act

273K   Statement to accompany notification of decisions

273L   Entry and transmission of information by computer

274   Commissioned ships and aircraft to be reported

275   Commissioned ships and aircraft may be searched

275A   Direction not to move a ship or aircraft from a boarding station

276   Collector's sales

277   Proceeds of sales

277A   Jurisdiction of courts

278   Recoverable payments

279   Reports about recoverable payments

Schedule I--The Commonwealth of Australia

 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback