Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
CUSTOMS AMENDMENT (ANTI-DUMPING IMPROVEMENTS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Anti-dumping
Improvements) Bill 2011
No. , 2011
(Home Affairs)
A Bill for an Act to amend the Customs Act 1901,
and for other purposes
i Customs Amendment (Anti-dumping Improvements) Bill 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 2011 No. , 2011 1
A Bill for an Act to amend the Customs Act 1901,
1
and for other 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 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 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repealed as set out in the applicable items in the Schedule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 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Customs Act 1901
3
1 Subsection 269T(1) (definition of Agreement on
4
Agriculture)
5
Repeal the definition.
6
2 Subsection 269T(1) (paragraph (b) of the definition of
7
interested party)
8
After "person", insert "or body".
9
3 Subsection 269T(1) (at the end of the definition of
10
interested party)
11
Add:
12
; and (g) a trade union representing one or more persons employed in
13
the Australian industry producing, or likely to produce, like
14
goods; and
15
(h) a person who uses the goods the subject of the application, or
16
like goods, in the production or manufacture of other goods
17
in Australia.
18
4 Subsection 269TAAC(1)
19
Repeal the subsection, substitute:
20
(1) For the purposes of this Part, a subsidy is a countervailable
21
subsidy if it is specific.
22
5 Subsection 269TAAC(6)
23
Repeal the subsection.
24
6 Paragraphs 269TAE(1)(g) and (2)(g)
25
Omit "the effect", substitute "any effect".
26
7 After paragraph 269TAE(3)(h)
27
Insert:
28
(ha) the terms and conditions of employment (including the
29
number of hours worked) of persons employed in the
30
Schedule 1 Amendments
4 Customs Amendment (Anti-dumping Improvements) Bill 2011 No. , 2011
industry in relation to the production or manufacture of goods
1
of that kind, or like goods; and
2
8 After section 269TL
3
Insert:
4
269TLA Time limit for Minister to make certain decisions
5
(1) This section applies if the Minister receives a recommendation
6
from the CEO concerning the imposition of dumping duty, third
7
country dumping duty, countervailing duty or third country
8
countervailing duty on goods.
9
(2) The Minister must decide whether or not to publish a dumping
10
duty notice or a countervailing duty notice, or both a dumping duty
11
notice and a countervailing duty notice, in respect of the goods
12
within:
13
(a) 30 days after receiving the recommendation; or
14
(b) if the Minister considers there are special circumstances that
15
prevent the decision being made within that period--such
16
longer period as the Minister considers appropriate.
17
(3) If paragraph (2)(b) applies, the Minister must give public notice of
18
the longer period.
19
(4) Subsection (2) does not apply if:
20
(a) the Minister defers the decision under subsection 269TG(4),
21
269TJ(3) or 269TJA(3); or
22
(b) subsection 269TN(4A) applies in relation to the decision; or
23
(c) the application to which the recommendation relates is
24
withdrawn before the Minister makes the decision.
25
9 Subsection 269Y(1)
26
After "practicable", insert ", but no later than 30 days,".
27
10 After subsection 269ZDB(1)
28
Insert:
29
(1A) The Minister must make a declaration under subsection (1) within:
30
(a) 30 days after receiving the report; or
31
Amendments Schedule 1
Customs Amendment (Anti-dumping Improvements) Bill 2011 No. , 2011 5
(b) if the Minister considers there are special circumstances that
1
prevent the declaration being made within that period--such
2
longer period as the Minister considers appropriate.
3
(1B) If paragraph (1A)(b) applies, the Minister must give public notice
4
of the longer period.
5
11 After subsection 269ZG(3)
6
Insert:
7
(3A) The Minister must make a declaration under subsection (3) within:
8
(a) 30 days after receiving the report; or
9
(b) if the Minister considers there are special circumstances that
10
prevent the declaration being made within that period--such
11
longer period as the Minister considers appropriate.
12
(3B) If paragraph (3A)(b) applies, the Minister must give public notice
13
of the longer period.
14
12 After subsection 269ZHG(1)
15
Insert:
16
(1A) If the Minister receives the report less than 30 days before the
17
specified expiry day, the Minister must make the declaration before
18
that day.
19
(1B) If subsection (1A) does not apply, the Minister must make the
20
declaration within:
21
(a) 30 days after receiving the report; or
22
(b) if the Minister considers there are special circumstances that
23
prevent the declaration being made within that period--such
24
longer period, ending before the specified expiry day, as the
25
Minister considers appropriate.
26
(1C) If paragraph (1B)(b) applies, the Minister must give public notice
27
of the longer period.
28
13 After subsection 269ZZL(2)
29
Insert:
30
(2A) The Minister must do the things that the Minister is required to do
31
under subsection (1) or (2) within:
32
Schedule 1 Amendments
6 Customs Amendment (Anti-dumping Improvements) Bill 2011 No. , 2011
(a) 30 days after receiving the recommendation; or
1
(b) if the Minister considers there are special circumstances that
2
prevent the doing of those things within that period--such
3
longer period as the Minister considers appropriate.
4
(2B) If paragraph (2A)(b) applies, the Minister must give public notice
5
of the longer period.
6
14 After subsection 269ZZM(1)
7
Insert:
8
(1A) The Minister must make a decision under subsection (1) within:
9
(a) 30 days after receiving the report; or
10
(b) if the Minister considers there are special circumstances that
11
prevent the decision being made within that period--such
12
longer period as the Minister considers appropriate.
13
(1B) If paragraph (1A)(b) applies, the Minister must give public notice
14
of the longer period.
15
15 Application of amendments
16
(1)
The amendments made by items 2, 3, 6 and 7 of this Schedule apply in
17
relation to an application lodged on or after the day on which this item
18
commences.
19
(2)
The amendments made by items 8 to 14 of this Schedule apply in
20
relation to a recommendation or report received by the Minister on or
21
after the day on which this item commences.
22