CUSTOMS ACT 1901 - SECT 279 Reports about recoverable payments

CUSTOMS ACT 1901 - SECT 279

  (1)   The Secretary of the Department must cause the following information to be included in the Department's annual report for a financial year:

  (a)   the number of payments under subsection   278(1) that APS employees in the Department are aware of that were made during that financial year;

  (b)   the total amount of the payments referred to in paragraph   (a);

  (c)   the number of payments under subsection   278(1) that APS employees in the Department became aware of during that financial year that were made during an earlier financial year;

  (d)   the total amount of the payments referred to in paragraph   (c);

  (e)   for each payment referred to in paragraph   (c)--the financial year in which the payment was made.

  (2)   Information is not required in the Department's annual report if no APS employee in the Department is aware of any payments referred to in paragraph   (1)(a) or (c).

•   This Division establishes the Anti - Dumping Commission within the Department.

•   There is to be a Commissioner of the Anti - Dumping Commission. The Commissioner has functions and powers under this Part.

•   The Commissioner is to be assisted by APS employees in the Department.

This Division deals with preliminary matters. The Division principally:

•   sets out essential definitions and interpretations;

•   provides the basis for determining various factors (such as normal value, export price and non - injurious price) necessary to decide whether dumping or countervailable subsidisation has occurred;

•   sets out the criteria for the use of those factors in so deciding;

•   provides the basis for determining whether dumping or subsidisation is causing material injury to Australian industry;

•   identifies circumstances in which the Part does not apply;

•   empowers the Minister to direct the Commissioner in relation to the Commissioner's powers and duties.

This Division:

•   sets out the requirements for making applications for the publication of dumping duty notices and countervailing duty notices;

•   sets out the procedures to be followed, and the matters to be considered, by the Commissioner in conducting investigations in relation to goods covered by such applications, for the purpose of making a report to the Minister;

•   empowers the Commonwealth, in certain cases, to take securities in respect of interim duty that may become payable, in order to prevent injury to Australian industry while such investigations continue;

•   sets out the circumstances in which the Commissioner must terminate such investigations.

This Division sets out the role of the Minister in considering an anti - dumping matter. The Minister will normally be acting after receipt of a report from the Commissioner. In particular, the Division:

•   empowers the Minister to publish dumping duty notices or countervailing duty notices;

•   empowers the Minister to accept undertakings rather than publish such notices;

•   outlines the matters of which the Minister must be satisfied before publishing such notices or accepting such undertakings;

•   indicates the period during which such notices or undertakings remain in force;

•   sets out the circumstances in which such notices can extend to goods already exported.

This Division enables a reconciliation of interim duty, and final duty, payable under the Dumping Duty Act. The Division permits an importer who has paid interim duty on particular goods to apply, within specified time limits, for an assessment of duty payable on those goods. In particular, the Division provides that:

•   if the duty is less than the interim duty, the excess is to be refunded;

•   if the duty is more than the interim duty, the interim duty is treated as duty and the balance waived;

•   if the importer fails, within the time limits available, to seek an assessment of duty, the interim duty paid on the goods is taken to be duty actually payable.

This Division enables affected parties (exporters, industry etc.) to apply for the review of anti - dumping measures. The Division also empowers the Minister to initiate such a review. The Division:

•   sets out the circumstances in which applications can be brought;

•   empowers the Commissioner to recommend, through a Minister's request, an extension of the ambit of a review where appropriate;

•   sets out the procedure to be followed by the Commissioner in dealing with applications or requests and preparing reports for the Minister;

•   empowers the Minister, after consideration of such reports, to leave the anti - dumping measures unaltered or to modify them as appropriate;

•   empowers the Minister, if interim duty has been paid under the Dumping Duty Act, to make any necessary adjustment of that interim duty.

If a notice has been published under subsection   269TG(2) or 269TJ(2) in respect of goods, this Division allows a person representing, or representing a portion of, the Australian industry producing like goods to apply for the conduct of an anti - circumvention inquiry in relation to the notice. This Division also allows the Minister to request such an inquiry. It:

•   sets out when applications may be made; and

•   sets out the procedure to be followed by the Commissioner in dealing with applications or requests and preparing reports for the Minister; and

•   empowers the Minister, after consideration of such reports, to leave the notice unaltered or to alter the notice as appropriate.

This Division provides for the Commissioner to alert interested parties to the anticipated termination of anti - dumping measures and provide them with an opportunity, before those measures expire, to apply for a continuation of the measures. The Division:

•   sets out the consequences if no application is made;

•   outlines the procedure to be followed by the Commissioner in dealing with an application and preparing a report for the Minister;

•   empowers the Minister, after consideration of that report, either to decide that the measures will expire or to take steps to ensure the continuation of the measures.

This Division:

•   enables extension of various periods for doing things under this Part   if the Minister is satisfied it is necessary;

•   provides for the giving of public notice of decisions and determinations under this Part;

•   provides for the Commissioner to maintain a public record of investigations, reviews and inquiries conducted by the Commissioner under this Part.

This Division establishes the Review Panel. It:

•   deals with the appointment of members to the Panel; and

•   deals with the terms and conditions for members; and

•   provides for the provision of resources to the Panel; and

•   regulates the disclosure of information in the Panel's control.

This Division sets out the procedures for review by the Review Panel of certain decisions by the Minister or the Commissioner. It includes:

•   provisions dealing with definitions and other preliminary matters (Subdivision A); and

•   the mechanism for review of certain Ministerial decisions (Subdivision B); and

•   the mechanism for review of certain decisions made by the Commissioner (Subdivision C); and

•   the keeping of a public record in relation to certain reviews conducted under this Division (Subdivision D).

This Division does not provide for a right of review of a decision made by the Minister following a review under Division   6 or Subdivision B of this Division.

•   This Part establishes the International Trade Remedies Forum.

•   The Forum is to advise the Minister on the anti - dumping provisions in Part   XVB and in the Customs Tariff (Anti - Dumping) Act 1975 .