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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Customs
Legislation (Anti-Dumping) Amendment Bill
1997
No. ,
1997
(Industry, Science and
Tourism)
A Bill for an Act to amend the
Anti-Dumping Authority Act 1988 and the Customs Act 1901, and for
related purposes
9710220—999/23.6.1997—(102/97)
Cat. No. 96 9262 2 ISBN 0644 505567
Contents
Anti-Dumping Authority Act
1988 7cladah1.html
Customs Act 1901 7cladah1.html
A Bill for an Act to amend the Anti-Dumping Authority
Act 1988 and the Customs Act 1901, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Customs Legislation (Anti-Dumping)
Amendment Act 1997.
(1) Subject to subsections (2), (3) and (4), the provisions of this Act
commence on the day on which it receives the Royal Assent.
(2) Subject to subsection (4), items 2, 3 and 4 of Schedule 1 commence on
a day to be fixed by Proclamation.
(3) Items 5 to 12 of Schedule 1 are taken to have commenced on
1 January 1993.
(4) If the items referred to in subsection (2) do not commence within
6 months after the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
Anti-Dumping
Authority Act 1988
1 Subsection 7(3)
Omit “11(5)”, substitute “11(4)”.
2 After subsection
269TAC(5C)
Insert:
(5D) If goods are exported to Australia and the Minister is satisfied
that:
(a) in the past the Government of the country of export had a monopoly, or
a substantial monopoly, of the trade of that country and determined, or
substantially influenced, the domestic price of goods in that country;
and
(b) the circumstance described in paragraph (a) no longer applies in
relation to the country of export; and
(c) a price control situation exists, within the meaning of subsection
(5E), in relation to like goods to those first-mentioned goods;
the normal value of those first-mentioned goods is such amount as is
determined by the Minister having regard to all relevant information.
(5E) A price control situation applies in relation to the domestic selling
price of like goods to the goods first-mentioned in subsection (5D):
(a) if the exporter of those first-mentioned goods sells like goods in the
country of export and the domestic selling price of those like goods is
controlled, or substantially controlled, by a government (at whatever level) of
that country; or
(b) if the exporter does not sell like goods in the country of export but
there are other sellers in that country of like goods and the domestic selling
price of like goods sold by some or all of those other sellers is so controlled
or substantially so controlled.
(5F) Without limiting the generality of subsection (5D), for the purposes
of working out, under that subsection, the amount to be the normal value of
goods exported to Australia, the Minister may determine that amount in a manner
that would be open to the Minister under paragraph (4)(c), (d), (e) or (f) if
subsection (4) applied.
(5G) For the purposes of fulfilling Australia’s international
obligations under an international agreement, regulations may be made to
disapply subsection (5D) to a country.
3 Subsection 269TAC(6)
After “preceding subsections”, insert “(other than
subsection (5D))”.
4 After subsection
269TAC(7)
Insert:
(7A) The application of subsection (5D) to goods that are exported to
Australia from a particular country does not preclude the application of other
provisions of this section (other than subsections (4) and (5)) to other goods
that are exported to Australia from that country.
5 Subsection 269TG(1)
Omit all the words after paragraph (b), substitute:
the Minister may, by public notice, declare that section 8 of that Act
applies:
(c) to the goods in respect of which the Minister is so satisfied; and
(d) to like goods that were exported to Australia after the CEO made a
preliminary finding under section 269TD that there were sufficient grounds for
the publication of a notice under this subsection in respect of the goods
referred to in paragraph (c) but before the publication of that
notice.
6 Subsection 269TG(2)
Omit all the words after “Anti-Dumping Act”, substitute
“applies to like goods that are exported to Australia after the date of
publication of the notice or such later date as is specified in the
notice”.
7 Subsection 269TH(1)
Omit all the words after paragraph (b), substitute:
the Minister, if requested by the Government of the third country to do so,
may, by public notice, declare that section 9 of that Act applies:
(c) to the goods in respect of which the Minister is so satisfied; and
(d) to like goods that were exported to Australia after the CEO made a
preliminary finding under section 269TD that there were sufficient grounds for
the publication of a notice under this subsection in respect of the goods
referred to in paragraph (c) but before the publication of that
notice.
8 Subsection 269TH(2)
Omit all the words after “Anti-Dumping Act”, substitute
“applies to like goods so produced or manufactured that are exported to
Australia after the date of publication of the notice or such later date as is
specified in the notice”.
9 Subsection 269TJ(1)
Omit all the words after paragraph (b), substitute:
the Minister may, by public notice, declare that section 10 of that Act
applies:
(c) to the goods in respect of which the Minister is so satisfied; and
(d) to like goods that were exported to Australia after the CEO made a
preliminary finding under section 269TD that there were sufficient grounds for
the publication of a notice under this subsection in respect of the goods
referred to in paragraph (c) but before the publication of that
notice.
10 Subsection 269TJ(2)
Omit all the words after “Anti-Dumping Act”, substitute
“applies to like goods that are exported to Australia after the date of
publication of the notice or such later date as is specified in the
notice”.
11 Subsection 269TK(1)
Omit all the words after paragraph (b), substitute:
the Minister, if requested by the Government of the third country to do so,
may, by public notice, declare that section 11 of that Act applies:
(c) to the goods in respect of which the Minister is so satisfied;
and
(d) to like goods that were exported to Australia after the CEO made a
preliminary finding under section 269TD that there were sufficient grounds
for the publication of the notice under this subsection in respect of the goods
referred to in paragraph (c) but before the publication of that
notice.
12 Subsection 269TK(2)
Omit all the words after “Anti-Dumping Act”, substitute
“applies to like goods that are exported to Australia after the date of
publication of the notice or such later date as is specified in the
notice”.
13 Application provisions
(1) Despite the amendments of the Customs Act 1901 (the
Customs Act) made by items 2, 3, and 4 of this Schedule, the
Customs Act as in force immediately before the day on which those items
commence, continues to apply as though those amendments had not been made in
relation to applications under subsection 269TB(1) or (2) that were made before
that day.
(2) Any notice given by the Minister under subsection 269TG(1) or (2),
269TH(1) or (2), 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act on or
after 1 January 1993 is taken to have effect, and at all times on or after 1
January 1993 to have had effect, as if it had been given under that subsection
as amended by this Act.