(3) The remaining provisions of this Act commence on the commencement of the Anti-Dumping Authority Act 1988.
Repeal of section 3a
3. Section 3a of the Principal Act is repealed.
Interpretation
4. Section 4 of the Principal Act is amended:
(a) by omitting the definition of “importer” in subsection (1) and substituting the following definition:
“ ‘importer’, in relation to goods exported to Australia, means:
(a) if paragraph (b) or (d) does not apply—the beneficial owner of the goods at the time of their arrival within the limits of the port or airport in Australia at which they have landed;
(b) if the goods are taken from parts beyond the seas to an Australian resources installation or if they are goods on board an overseas resources installation at the time when it is attached to the Australian seabed—the beneficial owner of the goods at the time when they are imported into Australia;
(c) if the goods are an overseas resources installation that becomes attached to the Australian seabed—the beneficial owner of the installation at the time when it is imported into Australia;
(d) if the goods are taken from parts beyond the seas to an Australian sea installation or are goods on board an overseas sea installation at the time when it is installed in an adjacent area or a coastal area—the beneficial owner of the goods at the time when they are imported into Australia; or
(e) if the goods are an overseas sea installation that becomes installed in an adjacent area or in a coastal area—the beneficial owner of the installation at the time when it is imported into Australia;”;
(b) by inserting in subsection (1) the following definitions:
“ ‘Anti-Dumping Authority’ means the authority of that name established by section 4 of the Anti-Dumping Authority Act 1988;
‘like goods’, in relation to goods under consideration, means goods that are identical in all respects of the goods under consideration or that, although not alike in all respects to the goods under consideration, have characteristics closely resembling those of the goods under consideration;”;
(c) by omitting from subsections (2), (3) and (3a) “Comptroller” (wherever occurring) and substituting “Minister”.
Repeal of sections 4aa, 4ab and 4ac
5. Sections 4aa, 4ab and 4ac of the Principal Act are repealed.
Export price
6. Section 4a of the Principal Act is amended by omitting from subsections (1), (2), (3) and (4) “Comptroller” (wherever occurring) and substituting “Minister”.
Normal value of goods
7. Section 5 of the Principal Act is amended:
(a) by omitting from sub-subparagraph (2) (c) (ii) (b) “an amount” and substituting “where, in circumstances identified by the regulations, a profit component is required to be taken into account in determining normal value—an amount”;
(b) by omitting from subsections (2) and (2a) “Comptroller” (wherever occurring) and substituting “Minister”;
(c) by omitting from subparagraph (3) (e) (iii) “an amount” and substituting “where, in circumstances identified by the regulations, a profit component is required to be taken into account in determining normal value—an amount”;
(d) by omitting from subsections (3), (3a), (4) and (4a) “Comptroller” (wherever occurring) and substituting “Minister”;
(e) by inserting after subsection (4a) the following subsection:
“(4b) A determination of the normal value of goods for the purposes of subsection (4) shall not, except where, in circumstances identified by the regulations, a profit component is required to be taken into account, include any amount to represent the profit on the sale of the goods concerned.”;
(f) by omitting from subsections (5), (6), (7), (8) and (9) “Comptroller” (wherever occurring) and substituting “Minister”.
8. After section 5 of the Principal Act the following section is inserted:
Minister may re-ascertain certain normal values
“5aa. Where the Minister has, for the purpose of publishing a notice under section 8 or 9 declaring that section to apply to goods that may be imported into Australia, being like goods to goods that have been so imported, ascertained the normal value of the imported goods, the Minister may, at any time, and from time to time, if the Minister is of the opinion that any factor relevant to the ascertainment of the normal value of goods to which that section applies has altered, re-ascertain that normal value and, where the Minister does so, the Minister shall publish that normal value as so re-ascertained in the Gazette unless, in the opinion of the Minister, the publication of that information would adversely affect the business or commercial interests of any person.”.
Dumping duties
9. Section 8 of the Principal Act is amended:
(a) by inserting in subsections (1) and (2) “producing like goods” after “an Australian industry” (wherever occurring);
(b) by omitting from subsection (2) “goods of that kind” (wherever occurring) and substituting “like goods”;
(c) by inserting after section (2) the following subsection:
“(2aa) Where:
(a) a notice under subsection (1) declares particular goods to be goods to which this section applies; or
(b) a notice under subsection (2) declares like goods in relation to goods of a particular kind to be goods to which this section applies;
the notice shall include a statement of the amount that the Minister has ascertained is or would be the normal value of the goods to which the declaration relates at the time of publication of the notice unless, in the opinion of the Minister, the inclusion of that statement would adversely affect the business or commercial interests of any person.”;
(d) by omitting from subsection (2a) “goods of the same kind as the goods in the consignment” (wherever occurring) and substituting “like goods”;
(e) by omitting from paragraph (2a) (b) “or hindering the establishment of an Australian industry” and substituting “producing like goods or hindering the establishment of such an Australian industry”;
(f) by omitting from subsection (5) “published in the Gazette” and substituting “in writing signed by the Minister”;
(g) by inserting after subsection (5a) the following subsection:
“(5b) Where the Minister signs a notice under subsection (5), the Minister shall cause a copy of that notice to be published in the Gazette unless in the opinion of the Minister, the publication of that notice would adversely affect the business or commercial interests of any person.”;
(h) by omitting from subsections (7) and (8) “Comptroller” (wherever occurring) and substituting “Minister”.
Third country dumping duties
10. Section 9 of the Principal Act is amended:
(a) by inserting in subsections (1) and (2) “of like goods” after “manufacturer in a third country” (wherever occurring);
(b) by omitting from subsection (2) “goods of that kind” (wherever occurring) and substituting “like goods”;
(c) by inserting after subsection (2) the following subsection:
“(2a) Where:
(a) a notice under subsection (1) declares particular goods to be goods to which this section applies; or
(b) a notice under subsection (2) declares like goods in relation to goods of a particular kind to be goods to which this section applies;
the notice shall include a statement of the amount that the Minister has ascertained is or would be the normal value of the goods to which the declaration relates at the time of publication of the notice unless, in the opinion of the Minister, the inclusion of that statement would adversely affect the business or commercial interests of any person.”;
(d) by omitting from subsection (5) “published in the Gazette” and substituting “in writing signed by the Minister”;
(e) by inserting after subsection (5a) the following subsection:
“(5b) Where the Minister signs a notice under subsection (5), the Minister shall cause a copy of that notice to be published in the Gazette unless in the opinion of the Minister, the publication of that notice would adversely affect the business or commercial interests of any person.”;
(f) by omitting from subsections (7) and (8) “Comptroller” (wherever occurring) and substituting “Minister”.
Countervailing duties
11. Section 10 of the Principal Act is amended:
(a) by inserting in subsections (1) and (2) “producing like goods” after “an Australian industry” (wherever occurring);
(b) by omitting from subsection (2) “goods of that kind” (wherever occurring) and substituting “like goods”;
(c) by omitting from subsection (2a) “goods of the same kind as the goods in the consignment” (wherever occurring) and substituting “like goods”;
(d) by omitting from paragraph (2a) (b) “or hindering the establishment of an Australian industry” (wherever occurring) and substituting “producing like goods or hindering the establishment of such an Australian industry”;
(e) by omitting from paragraphs (2b) (c) and (2c) (b) “has been or is being caused or is threatened, or the establishment of an industry” and substituting “producing like goods has been or is being caused or is threatened, or the establishment of such an industry”;
(f) by omitting from paragraph (2c) (c) “has been or is being caused or is threatened, or the establishment of an Australian industry” and substituting “producing like goods has been or is being caused or is threatened, or the establishment of such an Australian industry”;
(g) by omitting from paragraph (2d) (c) “has been or is being caused or is threatened, or the establishment of an industry” and substituting
“producing like goods has been or is being caused or is threatened, or the establishment of such an industry”;
(h) by omitting from subsection (5) “published in the Gazette” and substituting “in writing signed by the Minister”;
(j) by inserting after subsection (5a) the following subsection:
“(5b) Where the Minister signs a notice under subsection (5), the Minister shall cause a copy of that notice to be published in the Gazette unless in the opinion of the Minister, the publication of that notice would adversely affect the business or commercial interests of any person.”;
(k) by omitting from subsections (7), (8) and (9) “Comptroller” (wherever occurring) and substituting “Minister”.
Third country countervailing duties
12. Section 11 of the Principal Act is amended:
(a) by inserting in subsections (1) and (2) “of like goods” after “manufacturer in a third country” (wherever occurring);
(b) by omitting from subsection (2) “goods of that kind” (wherever occurring) and substituting “like goods”;
(c) by omitting from subsection (5) “published in the Gazette” and substituting “in writing signed by the Minister”;
(d) by inserting after subsection (5a) the following subsection:
“(5b) Where the Minister signs a notice under subsection (5), the Minister shall cause a copy of that notice to be published in the Gazette unless in the opinion of the Minister, the publication of that notice would adversely affect the business or commercial interests of any person.”;
(e) by omitting from subsections (7), (8) and (9) “Comptroller” (wherever occurring) and substituting “Minister”.
13. After section 12 of the Principal Act the following sections are inserted:
Minister to give notice of decision not to impose duty
“12a. Where the Minister receives a recommendation from the Anti-Dumping Authority concerning the imposition of dumping duty, third country dumping duty, countervailing duty or third country countervailing duty on particular goods or on goods of a like kind to particular goods and the Minister decides, after having regard to that recommendation, not to declare those goods to be goods to which section 8, 9, 10 or 11, as the case requires, applies, the Minister shall, by notice published in the Gazette, state that he or she has so decided.
Period during which certain notices and undertakings to remain in force
“12b. (1) Where a notice is published after the commencement of this section under a relevant notification provision in respect of goods of a particular kind, that notice shall, unless sooner revoked:
(a) if, at the time of publication of the first-mentioned notice, no previous notice relating to like goods is in force under a relevant notification provision and no previous undertaking relating to like goods is in force under a relevant undertaking provision—expire 3 years after the date on which the first-mentioned notice is published; and
(b) if, at the time of publication of the first-mentioned notice, a previous notice relating to like goods is in force under the relevant notification provision or a previous undertaking relating to like goods is in force under a relevant undertaking provision—expire 3 years after the date on which that notice or undertaking, or, if there is more than one previous notice or undertaking, the first such notice or undertaking, was published or entered into, as the case requires.
“(2) Where an undertaking is entered into after the commencement of this section under a relevant undertaking provision in respect of goods of a particular kind, that undertaking shall, unless provision is made for its earlier expiration:
(a) if, at the time when the first-mentioned undertaking was entered into, no previous undertaking relating to like goods is in force under a relevant undertaking provision and no previous notice relating to like goods is in force under a relevant notification provision—expire 3 years after the date that first-mentioned undertaking was entered into; and
(b) if, at the time when that first-mentioned undertaking is entered into, a previous undertaking relating to like goods is in force under a relevant undertaking provision or a previous notice relating to like goods is in force under a relevant notification provision—expire 3 years after the date on which that previous undertaking or notice, or, if there is more than one such undertaking or notice, the first such undertaking or notice was entered into or published, as the case requires.
“(3) In subsections (1) and (2):
(a) a reference to a previous notice in relation to particular goods shall be taken to include a reference to a notice published before the commencement of this section; and
(b) a reference to a previous undertaking shall be taken to include a reference to an undertaking entered into before the commencement of this section.
“(4) A notice published in the Gazette under a relevant notification provision before the commencement of this section shall, unless sooner revoked, expire:
(a) if it is published before 1 March 1986—on 1 March 1989; and
(b) if it is published on or after 1 March 1986—3 years after the date of its publication;
and subsections (1) and (2) shall have effect as if the specified date of expiration of a notice referred to in paragraph (a) were the day occurring 3 years after the publication of the notice.
“(5) An undertaking entered into under a relevant undertaking provision before the commencement of this section shall, unless sooner released, expire:
(a) if it is entered into before 1 March 1986—on 1 March 1989; and
(b) if it is entered into on or after 1 March 1986—3 years after it is entered into;
and subsections (1) and (2) shall have effect as if the date of expiration of an undertaking specified in paragraph (a) were the day occurring 3 years after the undertaking were entered into.
“(6) Nothing in this section shall be taken to imply that the Minister may not publish a notice under a relevant notification provision in respect of goods of a particular kind or enter into an undertaking in respect of goods of a particular kind upon the expiration of all previous notices published under a relevant notification provision in respect of like goods and of all previous undertakings entered into under a relevant undertaking provision in respect of like goods.
“(7) In this section:
‘relevant notification provision’ means subsection 8 (2), 9 (2), 10 (2), (2b), (2c) or (2d) or 11 (2);
‘relevant undertaking provision’ means subsection 8 (2a) or 10 (2a).”.
Repeal of section 15
14. Section 15 of the Principal Act is repealed.
Revocation of notices etc.
15. Section 20 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsections: “(1) The Minister may, by notice published in the Gazette, revoke a notice published by the Minister under this Act and shall do so if satisfied that, were the notice not in force, the Minister would not be authorised by this Act to cause the notice to be published.
“(1a) The Minister may, by notice in writing, release a person from an undertaking entered into under this Act.”;
(b) by inserting after subsection (2) the following subsection:
“(2a) A notice releasing a person from an undertaking under subsection (1a) has effect from a date specified in the notice, which may be a date earlier than the date on which the notice was signed by the Minister.”.
16. The Principal Act is amended by adding at the end the following section:
Regulations
“22. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;”.
Transitional
17. (1) Where:
(a) the Comptroller-General of Customs or a delegate of the Comptroller-General of Customs made a determination, gave or published a notice or direction, or signed or issued any other instrument before the commencement of this section under a power conferred on the Comptroller-General of Customs by section 4, 4a, 5, 8, 9, 10, 11 or 20 of the Principal Act;
(b) that provision of the Principal Act is amended by this Act so as to confer that power on the Minister; and
(c) that determination, notice, direction or other instrument was in force immediately before that commencement;
that determination, notice, direction or other instrument continues in force after that commencement as if it had been duly made, given, published, signed or issued, as the case may be, by the Minister under that provision as so amended.
(2) Where:
(a) the Comptroller-General of Customs gave, before the commencement of this section, a delegation to another person to exercise a power conferred on the Comptroller-General of Customs by section 4, 4a, 5, 8, 9, 10, 11 or 20 of the Principal Act;
(b) that provision of the Principal Act is amended by this Act so as to confer that power on the Minister; and
(c) that delegation was in force immediately before that commencement; the delegation continues in force after that commencement as if it were a delegation duly given by the Minister to that other person under section 19 of the Principal Act as amended by this Act.
(3) Where:
(a) the Comptroller-General of Customs or a delegate of the Comptroller-General of Customs did or refused to do before the commencement of this section any act or thing not mentioned in subsection (1) or (2) under a power conferred on the Comptroller-General of Customs by section 4, 4a, 5 or 20 of the Principal Act; and
(b) that provision of the Principal Act is amended by this Act so as to confer that power on the Minister;
the Principal Act as amended by this Act applies as if the Minister had duly done or refused to do, as the case may be, that act or thing.
NOTE
1. No. 76, 1975, as amended. For previous amendments, see No. 66, 1981; Nos. 53, 68, 114 and 136, 1982; Nos. 20 and 91, 1983; No. 1, 1984; No. 39, 1985; and No. 76, 1987.
[Minister’s second reading speech made in—
House of Representatives on 28 April 1988
Senate on 24 May 1988]
