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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Tariff (Anti-Dumping)
Amendment Bill 2013
No. , 2013
(Home Affairs)
A Bill for an Act to amend the Customs Tariff
(Anti-Dumping) Act 1975, and for related purposes
i Customs Tariff (Anti-Dumping) Amendment Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Customs Tariff (Anti-Dumping) Act 1975
3
Customs Tariff (Anti-Dumping) Amendment Bill 2013 No. , 2013 1
A Bill for an Act to amend the Customs Tariff
1
(Anti-Dumping) Act 1975, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Customs Tariff (Anti-Dumping)
5
Amendment Act 2013.
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 Tariff (Anti-Dumping) Amendment Bill 2013 No. , 2013
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
At the same time as the Customs Amendment
(Anti-dumping Measures) Act 2013
commences.
1 January 2014
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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
Customs Tariff (Anti-Dumping) Amendment Bill 2013 No. , 2013 3
Schedule 1
--
Amendments
1
2
Customs Tariff (Anti-Dumping) Act 1975
3
1 After subsection 8(5B)
4
Insert:
5
(5BAA) However, subsection (5B) does not require the Minister to have
6
regard to the matter in that subsection if the Minister is satisfied
7
that either or both of the following apply in relation to the goods
8
the subject of the notice under subsection 269TG(1) or (2) of the
9
Customs Act:
10
(a) the normal value of the goods was not ascertained under
11
subsection 269TAC(1) of that Act because of the operation of
12
subparagraph 269TAC(2)(a)(ii) of that Act;
13
(b) there is an Australian industry in respect of like goods that
14
consists of at least 2 small-medium enterprises, whether or
15
not that industry consists of other enterprises.
16
2 After subsection 8(5BA)
17
Insert:
18
(5BAAA) However, subsection (5BA) does not require the Minister to have
19
regard to the matter in that subsection if the Minister is satisfied
20
that one or more of the following apply in relation to the goods the
21
subject of the notice under subsection 269TG(1) or (2) of the
22
Customs Act:
23
(a) the normal value of the goods was not ascertained under
24
subsection 269TAC(1) of that Act because of the operation of
25
subparagraph 269TAC(2)(a)(ii) of that Act;
26
(b) there is an Australian industry in respect of like goods that
27
consists of at least 2 small-medium enterprises, whether or
28
not that industry consists of other enterprises;
29
(c) if a countervailable subsidy has been received in respect of
30
the goods--the country in relation to which the subsidy has
31
been provided has not complied with Article 25 of the
32
Agreement on Subsidies and Countervailing Measures for the
33
compliance period.
34
Schedule 1 Amendments
4 Customs Tariff (Anti-Dumping) Amendment Bill 2013 No. , 2013
3 After subsection 9(5AA)
1
Insert:
2
(5AAA) However, subsection (5AA) does not require the Minister to have
3
regard to the matter in that subsection if the Minister is satisfied
4
that either or both of the following apply in relation to the goods
5
the subject of the notice under subsection 269TH(1) or (2) of the
6
Customs Act:
7
(a) the normal value of the goods was not ascertained under
8
subsection 269TAC(1) of that Act because of the operation of
9
subparagraph 269TAC(2)(a)(ii) of that Act;
10
(b) there is an Australian industry in respect of like goods that
11
consists of at least 2 small-medium enterprises, whether or
12
not that industry consists of other enterprises.
13
4 After subsection 10(3C)
14
Insert:
15
(3CA) However, subsection (3C) does not require the Minister to have
16
regard to the matter in that subsection if the Minister is satisfied
17
that either or both of the following apply in relation to the goods
18
the subject of the notice under subsection 269TJ(1) or (2) of the
19
Customs Act:
20
(a) the country in relation to which the countervailable subsidy
21
has been provided has not complied with Article 25 of the
22
Agreement on Subsidies and Countervailing Measures for the
23
compliance period;
24
(b) there is an Australian industry in respect of like goods that
25
consists of at least 2 small-medium enterprises, whether or
26
not that industry consists of other enterprises.
27
5 After subsection 10(3D)
28
Insert:
29
(3DA) However, subsection (3D) does not require the Minister to have
30
regard to the matter in that subsection if the Minister is satisfied
31
that one or more of the following apply in relation to the goods the
32
subject of the notice under subsection 269TJ(1) or (2) of the
33
Customs Act:
34
(a) the country in relation to which the countervailable subsidy
35
has been provided has not complied with Article 25 of the
36
Amendments Schedule 1
Customs Tariff (Anti-Dumping) Amendment Bill 2013 No. , 2013 5
Agreement on Subsidies and Countervailing Measures for the
1
compliance period;
2
(b) there is an Australian industry in respect of like goods that
3
consists of at least 2 small-medium enterprises, whether or
4
not that industry consists of other enterprises;
5
(c) if the normal value of the goods was ascertained under
6
Part XVB of that Act--the normal value of the goods was not
7
ascertained under subsection 269TAC(1) of that Act because
8
of the operation of subparagraph 269TAC(2)(a)(ii) of that
9
Act.
10
6 After subsection 11(5)
11
Insert:
12
(5A) However, subsection (5) does not require the Minister to have
13
regard to the matter in that subsection if the Minister is satisfied
14
that either or both of the following apply in relation to the goods
15
the subject of the notice under subsection 269TK(1) or (2) of the
16
Customs Act:
17
(a) the country in relation to which the countervailable subsidy
18
has been provided has not complied with Article 25 of the
19
Agreement on Subsidies and Countervailing Measures for the
20
compliance period;
21
(b) there is an Australian industry in respect of like goods that
22
consists of at least 2 small-medium enterprises, whether or
23
not that industry consists of other enterprises.
24
7 Application provisions
25
(1)
The amendments made by this Schedule apply in relation to a notice
26
given under subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or
27
(2) or 269TK(1) or (2) of the Customs Act 1901 on or after the
28
commencement of this Schedule, where:
29
(a) the application for the notice is made on or after that
30
commencement; or
31
(b) the investigation under subsection 269TAG(1) of that Act
32
begins on or after that commencement.
33
(2)
The amendments made by this Schedule apply in relation to a notice
34
given under subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or
35
(2) or 269TK(1) or (2) of the Customs Act 1901 before the
36
commencement of this Schedule, where, on or after that
37
Schedule 1 Amendments
6 Customs Tariff (Anti-Dumping) Amendment Bill 2013 No. , 2013
commencement, the Minister publishes a notice under
1
subsection 269ZHG(1) of that Act declaring the continuation of the
2
anti-dumping measures concerned.
3
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