RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/AUS/1
21 October 1998
(98-4099)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Questions Posed by CANADA
to AUSTRALIA1
The following communication, dated 20 October 1998, has been received from the Permanent
Mission of Canada.
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Q1. What is the status of the notified general safeguard procedures contained in G/SG/N/1/AUS/2
in Australian law?  What is the status of the WTO Agreement on Safeguards in Australian law?
Q2. Are there additional laws, procedures, regulations, and/or practices which govern the use of
safeguards in Australia that have yet to be notified?  If so, please advise when Australia intends to
notify same.
Q3. Article 12(1) of the Safeguards Agreement requires Members to make a notification to the
Committee on Safeguards prior to enacting safeguard measures.  Why do the notified procedures in
G/SG/N/1/AUS/2 not contain su ch a notification requirement?
Q4. Article 12(3) of the Safeguards Agreement envisages consultations with those Members
having a substantial interest as exporters of the product concerned prior to the extension of a safeguard
measure.  What provisions in the Australian procedures ensure that such consultations take place?
Q5. The notified procedures in G/SG/N/1/AUS/2 do not appear to provide for consultation with
Members having a substantial interest in supply ing the product concerned with respect to the
allocation of quotas.  Please explain this omission.
Q6. Do the notified procedures in G/SG/N/1/AUS/2 allow for adequate compensation or
concessions for affected Members as required by Ar ticle 8 of the Safeguards Agreement.  If not, does
other Australian legislation permit such compensation or concessions?
Q7. Who besides a government Minister may cau se the Productivity Commission to initiate a
safeguard inquiry?  Can the Productivity Commission self -initiate a safeguard inquiry?  If other parties
can request an investigation, does the Minister have to offer his assent to such a request? Do non-
governmental bodies have to meet standing requirements in order to request an investigation?
Q8. Are there initiation standards or requirements that must be met prior to the initiation of a
safeguards investigation?
                                                     
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Q9. In view of the Commission's power under Sect ion 12(b) of the Productivity Commission Act,
what provision is there to ensure the appropriate publication of a notice of the measures and the report
containing reasons as provided in Articles 3.1 and 4.2(c) of the WTO Agreement on Safeguards?
Q10. How is all evidence submitted during the course of a safeguard inquiry made available to
interested parties for examination and comment?  What procedures are in place to ensure that all
representations made directly to the Productivity Commission during the course of an investigation are
made publicly available?
Q11. The Australian notification does not provid e any information with regards to timeframes or
deadlines with respect to the various stages of a safeguard investigation. Does this mean that theProductivity Commission operates without deadlines or are deadlines established on an ad hoc basis?
Q12. Is the term "interested party" defined in Australian legislation?  Are representatives of an
exporting country "interested parties" for the purposes of safeguard inquiries?
Q13. Does Australia's notified procedures and legislation in G/SG/N/1/AUS/2 related to safeguard
measures provide for domestic appeal/review procedures?  If so, please indicate the applicable
article(s) of the relevant laws and regulations.
Q14. Is the Australian government obligated to adopt the safeguard recommendations contained in a
report of the Productivity Commission?
Q15. How are recommendations made by the Productivity Commission which are subsequently
accepted by the Minister adopted by the Australian government?
Q16. The Australian procedures do not contain provisions relating to the interval which must elapse
between two safeguard actions.  Can Australia explain this omission?
Q17. Are there any standards or requirements concerning the period of investigation in a safeguard
inquiry or is the Productivity Commission free to determine such a period on an ad hoc basis?
Q18. Could Australia confirm that all safeguard acti ons will take the form of either quotas, tariff
quotas, or tariff level increases.  Is it correct to understand that Australia will not take safeguard
measures of any other type?
Q19. What provisions exist to allow for provisional duties collected to be refunded should a
permanent safeguard measure not be implemented?
Q20. Article 7(4) of the Safeguard Agreement requ ires Members to progressively liberalize all
safeguard measures over one year in duration at regular intervals.  What provisions in the Australian
procedures ensure that such liberalization takes place?
Q21. There appears to be an inconsistency between Section 16 of the Productivity Commission Act
and Article 3.2 of the Agreement on Safeguards, in that a refusal by an interested party to give
permission to the disclosure of a submission is not a bar to disclosure of that submission?  Please
explain.
Q22. Can the Productivity Commission use its powers under Section 48, 49 and 50 of the
Productivity Commission Act for the purposes of a safeguard investigation?G/SG/Q1/AUS/1
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Q23. How does Australian law ensure that any terms of reference of a matter to the Productivity
Commission or any other form of request by the Minister for the Productivity Commission to conduct
a safeguards investigation comply with, and do not contradict, the substantive and procedural
requirements of the Agreement on Safeguards?
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