Commonwealth Numbered Acts

CUSTOMS LEGISLATION (ANTI-DUMPING AMENDMENTS) ACT 1998 NO. 79, 1998 - SCHEDULE 4--Application,

1 Definitions for the purposes of application, transitional and saving provisions generally

In this Schedule:

ADA Act means the Anti-Dumping Authority Act 1988 .

affected party has the same meaning as in Part XVB of the Customs Act .

Authority means the Anti-Dumping Authority established by section 4 of the ADA Act.

CEO has the same meaning as in the Customs Act.

Customs Act means the Customs Act 1901 .

Dumping Duty Act means the Customs Tariff (Anti-Dumping) Act 1975 .

importer has the same meaning as in Part XVB of the Customs Act .

interim duty has the same meaning as in Part XVB of the Customs Act .

negative preliminary decision has the same meaning as in Part XVB of the Customs Act.

negative preliminary finding , in relation to goods the subject of an application under section 269TB of the Customs Act, means a preliminary finding, under that Act, to the effect that:

(a) there are not sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or

(b) there will not be sufficient grounds for such publication after the importation into Australia of such goods.

(a) there are sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or

(b) there will be sufficient grounds for such publication after the importation into Australia of such goods.

reviewable decision has the same meaning as in Division 9 of Part XVB of the Customs Act.

Review Officer has the same meaning as in Part XVB of the Customs Act .

transfer day means the day on which the items in Schedule 1 (other than item 39) commence.

2 Application provision

(1) The Customs Act, as amended by this Act, applies in relation to:

(a) all applications under section 269TB of that Act as so amended for publication of dumping duty notices or countervailing duty notices; and

(b) all applications under Division 4 of Part XVB of the Customs Act as so amended for assessment of the duty payable under the Dumping Duty Act on goods on which an interim duty has been or is paid, whether that interim duty was paid before, or is paid on or after, the transfer day; and

(c) all applications, under Division 5 of Part XVB of the Customs Act as so amended, for review of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and

(d) all applications, under Division 6 of Part XVB of the Customs Act as so amended, for the accelerated review of dumping duty notices or countervailing duty notices, whether those notices were published before, or are published on or after, the transfer day; and

(e) all applications, under Division 6A of Part XVB of the Customs Act as so amended, for continuation of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and

(f) all applications, under Division 9 of Part XVB of the Customs Act as so amended, for the review of reviewable decisions within the meaning of that Division made on or after the transfer day.

3 Transitional provisions--decisions concerning rejection of applications under section 269TB of the Customs Act

(1) If, before the transfer day:

(a) an application is made under section 269TB of the Customs Act as then in force; but

(b) the CEO has neither made a decision to reject, nor made a decision not to reject, that application;

(c) the application is to be treated, for all purposes, on and after that day, as if it were an application made under the Customs Act as amended by this Act; and

(d) the ADA Act does not apply in respect of that application.

(a) an application is made under section 269TB of the Customs Act as then in force; and

(b) the CEO decides to reject that application; and

(c) the applicant refers the decision to the Authority for review; but

(d) that review is not completed;

(e) the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and

(f) if the Authority confirms the decision--the application lapses; and

(g) if the Authority revokes the decision--an investigation in respect of the application is to be initiated under the Customs Act as amended by this Act as if:

(i) the Customs Act as so amended had been in force when the application was made; and

(ii) the CEO had decided not to reject the application.

(a) an application is made under section 269TB of the Customs Act as then in force; and

(b) the CEO decides to reject that application; and

(c) the applicant does not refer the decision to the Authority for review;

(d) the application is to be dealt with, on and after that day, for all purposes (including working out time limits for a possible review of that decision by the Review Officer) as if the Customs Act as amended by this Act had been in force when the application was made; and

(e) the ADA Act does not apply in respect of the application.

(1) If:

(a) an application is made under section 269TB of the Customs Act as in force before the transfer day; and

(b) the CEO has initiated an investigation in respect of that application but has not, before that day, made a preliminary finding; and

(c) not more than 100 days have passed since the initiation of the investigation;

(2) For the purposes of so treating the investigation, and without limiting the generality of subitem (1):

(a) the time limits for the making of a preliminary affirmative determination, the placing of a statement of essential facts on the public record, and the making of a report in respect of the investigation to the Minister, under the Customs Act as amended by this Act, are to be worked out from the date of the actual initiation of the investigation under the Customs Act as in force before the transfer day; and

(b) if a preliminary affirmative determination is so made, securities may be imposed in accordance with subsection 269TD(3) of the Customs Act as so amended.

(1) If:

(a) an application is made under section 269TB of the Customs Act as in force before the transfer day; and

(b) the CEO has initiated an investigation in respect of that application but decides, before that day, to terminate that investigation under section 269TDA of that Act as so in force; and

(c) not more than 100 days have passed between the initiation of the investigation and the making of that decision; and

(d) the applicant, before that day, refers the decision to the Authority for review under section 7A of the ADA Act but that review is not completed before that day;

(e) the review is to continue to be dealt with by the Authority, on and after that day, under the ADA Act; and

(f) if the Authority confirms the decision--the investigation lapses; and

(g) if the Authority rejects the decision--the investigation is to be remitted to the CEO to be dealt with in accordance with subitem (2).

(a) subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation in respect of an application made under section 269TB of the Customs Act as amended by this Act; and

(b) if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation--the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and

(c) the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.

(1) If, before the transfer day:

(a) an application is made under section 269TB of the Customs Act as then in force; and

(b) the CEO makes a positive preliminary finding in respect of the application;

(c) give public notice of that finding; and

(d) refer the question whether the publication of the notice sought in the application is justified to the Authority for determination under the ADA Act.

(3) For the purposes of the operation of the ADA Act in respect of the referral of the question referred to in paragraph (1)(d), that referral is treated as having taken place under subsection 269TD(2) of the Customs Act as in force immediately before the transfer day, whether it took place before, or takes place on or after, that day.

Note: The determination of a question referred to the Authority under subsection 7(1) of the ADA Act may involve the exercise of termination powers under section 7B of that Act or the acceptance of an undertaking under section 7C of that Act.

(1) If, before the transfer day:

(a) an application is made under section 269TB of the Customs Act as then in force; and

(b) the CEO makes a negative preliminary finding in respect of the application; and

(c) the applicant refers the finding to the Authority for review; but

(d) that review is not completed;

(e) the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and

(f) if the Authority confirms the finding--the investigation lapses; and

(g) if the Authority rejects the finding--the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.

(a) an application is made under section 269TB of the Customs Act as then in force; and

(b) the CEO makes a negative preliminary finding in respect of the application; and

(c) the applicant does not refer the finding to the Authority for review; but

(d) the period for so referring the finding has not expired;

(e) the applicant may refer the finding to the Authority as if the amendments of the Customs Act made by this Act had not been made; and

(f) if the applicant does so, the review is to be dealt with by the Authority, under section 8 of the ADA Act; and

(g) if the Authority confirms the finding--the investigation lapses; and

(h) if the Authority rejects the finding--the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.

(a) subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation of an application made under section 269TB of the Customs Act as amended by this Act; and

(b) if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation--the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and

(c) the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.

(1) If, before the transfer day:

(a) an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and

(b) the CEO has not made a decision under subsection 269X(6) in relation to that application;

(2) If, before the transfer day:

(a) an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and

(b) the CEO has made a negative preliminary decision in relation to that application; and

(c) the applicant refers the negative preliminary decision to the Authority for review; but

(d) the review is not completed;

(e) the review is to continue to be dealt with by the Authority, on and after that day, under section 8B of the ADA Act; and

(f) section 269Y of the Customs Act has effect, on and after that day, in relation to any recommendation received by the Minister from the Authority, as if the amendment of that section made by item 69 of Schedule 1 to this Act had not been made.

(a) an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and

(b) the CEO has made a negative preliminary decision in relation to that application; and

(c) the applicant does not refer the decision to the Authority for review; but

(d) the period for so referring the decision has not expired;

(e) with effect from the transfer day, the applicant's right to refer the decision to the Authority for review is terminated but the applicant may instead, within the time limit that would have applied for so referring the decision, apply instead to the Review Officer to review the decision; and

(f) if the applicant does so, the review is to be dealt with by the Review Officer under Division 9 of the Customs Act as amended by this Act as if it were a review, sought in accordance with the requirements of that Division, of a decision made under the Customs Act as amended by this Act.

If, before the transfer day:

(a) interim duty has been paid under the Dumping Duty Act on goods entered for home consumption under the Customs Act as in force before that day; and

(b) the CEO has received an application from an affected party, or a notice from the Minister, under Division 5 of Part XVB of the Customs Act as so in force, requesting a review of the rate of interim duty imposed on those goods;

[ Minister's second reading speech made in--

House of Representatives on 14 May 1998

Senate on 29 May 1998 ]

(79/98)