Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013 Introduced to CTH

The Parliament yesterday introduced the Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013 which provides that the Anti-Dumping Commission (including the Commissioner), previously established within the Australian Customs and Border Protection Service, would continue in existence within the Department administered by the Minister of State administering Part XVB of the Customs Act 1901 on and after the commencement of the Bill. The objective of the Bill is to transition the Anti-Dumping Commission from the Australian Customs and Border Protection Service to the Department of Industry.

Australia's current regime for combatting injurious dumping and subsidisation is transparent and complies with our obligations under World Trade Organization agreements. But, according to the second reading speech of the bill, there is room to improve the efficiency and effectiveness of the system.

Purpose of the Bill

The purpose of the Bill is to amend the Customs Act 1901 to separate the Anti-Dumping Commission, comprising the Commissioner for the Anti-Dumping Commission (the Commissioner) and Commission staff members, from the Australian Customs and Border Protection Service. This would allow the Commission to be transferred to the Department of Industry (the Department), consistent with Government policy set out in ‘The Coalition Policy to Boost the Competitiveness of Australian Manufacturing’, released in August 2013.

Transferring the Commission from the Australian Customs and Border Protection Service to the Department would allow those considering requests for anti-dumping (including countervailing) action to benefit from the considerable experience and knowledge held across the industry portfolio. Moving responsibility for anti-dumping matters to the Industry portfolio also sends a clear message that the Government is focussed on combatting unfair dumping. An effective trade remedies system is an integral part of Australia’s broader plan to ensure a strong industrial sector.

The Bill would replicate to the greatest extent possible the current delegation powers for the Minister and the Commissioner to the extent that they relate to Parts XVB and XVC of the Customs Act 1901 and to the Customs Tariff (Anti-Dumping) Act 1975. The Bill would also ensure the Commission could continue to disclose information to the Australian Customs and Border Protection Service for relevant purposes, such as ensuring compliance with measures imposed under anti-dumping legislation.

The Bill would amend the Customs Administration Act 1985, the Criminal Code Act 1995 and the Law Enforcement Integrity Commissioner Act 2006 to remove references to the Commissioner.

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