G/ADP/N/1/AUS/2/Suppl.13  
G/SCM/N/1/AUS/2/Suppl.11  
 
12 February 2014  
(14-0839)  Page: 1/14  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures 
 Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
AUSTRALIA  
Supplement 
The following communication, dated 11 February 2014, is being circulated at the request of the 
Delegation of Australia. 
 
_______________ 
 
Pursuant to Article 18.5 of the WTO Anti-Dum ping Agreement and Article 32.6 of the WTO 
Agreement on Subsidies and Countervailing Measures, please find attached the Customs 
Amendment (Anti-Dumping Commission Transfer) Act 2013 (the Act) . This legislation received 
Royal Assent on 13 December 2013. This legislation will take effect by 14 June 2014 or otherwise 
by Proclamation before that date.  
This legislation separates the Anti-Dumping Commission (the Commission) from the Australian 
Customs and Border Protection Service and allows the Commission to transfer to the Department of Industry. The Commission continues to exercise the relevant anti-dumping powers and functions 
contained in Parts XVB and XVC of the C ustoms Act 1901 . The Act also transfers to the 
Anti-Dumping Commissioner any anti-dumping powers and functions previously held by the Chief Executive Officer (CEO) of the Australian Customs and Border Protection Service.  
 
The Act also ensures that the Commission would 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.  
 G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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  Customs Amendment (Anti-Dumpin g Commission Transfer) Act 2013 
No. 139, 2013 
 
An Act to amend the law relating to customs, and for related purposes 
[Assented to 13 December 2013 ] 
 
The Parliament of Australia enacts: 
 1  SHORT TITLE 
This Act may be cited as the Customs Amendment (Anti-Dumping Commission Transfer) 
Act 2013 . 
 2  COMMENCEMENT 
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to 
have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. 
 
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. 13 December 
2013 
2. Schedule 1 A single day to  be fixed by Proclamation. 
However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.  
 
Note: This table relates only to the provisions of this Act as originally enacted. It will not be 
amended to deal with any late r amendments of this Act. 
 
(2) Any information in column 3 of the table is not part of this Act. Information may be 
inserted in this column, or information in it may be edited, in any published version of 
this Act. 
 
3  SCHEDULE(S) 
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the 
applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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  Schedule 1—Amendments 
 Part 1—Main amendments  
Customs Act 1901 
 1 Subsection 4(1) (definition of Commissioner ) 
 
Omit "established", substitute "continued in existence".  2 Subsection 4(1) 
 
Insert:  
Commission staff member means a member of the staff assisting the Commissioner as 
mentioned in subsection 269SMQ(1). 
 
3 Subsections 9(3A) and (4) 
 Repeal the subsections, substitute:  
(4) Subsection (1) does not apply to the Minister’s power under subsection 77EA(1), 
77ED(1), 77EE(1) or 77EF(2). 
 
4 Subsection 45(2) 
 Omit "by the Minister", substitute "under Part XVB of this Act". 
 
5 Paragraph 45(4)(a)  Omit "by the Minister", substitute "under Part XVB of this Act". 
 
6 Section 269SMA  
Omit "within the Australian Customs and Border Protection Service", substitute "within the 
Department".  
7 Section 269SMA 
 Omit "staff of the Australian Customs and Border Protection Service", substitute "APS employees in the Department". 
 
8 Section 269SMB  
Repeal the section, substitute: 
 269SMB Establishment 
 
(1) The Anti-Dumping Commission that was established by this section (as in force before 
the transfer day) continues in existence, by force of this section , within the 
Department . 
 
 (2) In this section:  
transfer day  means the day Schedule 1 to the Customs Amendment (Anti-Dumping 
Commission Transfer) Act 2013 commenced. 
 
9 Section 269SMP 
 Repeal the section.  G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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  10 Subsection 269SMQ(1) 
 Repeal the subsection, substitute:  
(1) The staff assisting the Commissioner are to be APS employees in the Department and 
made available for the purpose by the Secretary of the Department. 
 
11 Subsection 269SMQ(2) (note) 
 Repeal the note.  
12 At the end of Division 1A of Part XVB 
 Add: 
 
Subdivision E—Delegation  
269SMR Delegation 
 
(1) The Commissioner may, by writing, delegate any of the Commissioner’s functions or 
powers under this Part to  a Commission staff member. 
 
(2) In performing functions or exercising po wers under a delegation, the delegate must 
comply with any written directions of the Commissioner. 
 
Subdivision F—Approval of forms  
269SMS Approval of forms 
 The Commissioner may, by writing, approve a form for the purposes of a provision of this Part.  
Subdivision G—Disclosure of information 
 269SMT Disclosure of information 
 
(1) The Commissioner, or a Commission st aff member, may disclose information 
(including personal information) obtained under this Part or the Dumping Duty Act, or 
an instrument under this Part or the Dumping Duty Act, to the CEO, or an officer of 
Customs, for the purposes of a Customs Act. 
 
Interaction with the Privacy Act 1988 
 
(2) For the purposes of the Privacy Act 1988 , the disclosure of personal information under 
subsection (1) is taken to be a disclosure that is authorised by this Act. 
 
Definition 
 
(3) In this section: 
 personal information has the same meaning as in the Privacy Act 1988 . 
 
13 Subparagraphs 269TAE(2C)(b)(i) and (ii) 
 Omit "Customs", substitute "Commissioner". 
 
14 After section 269TAG  
Insert: 
 G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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  269TAH Minister may delegate functions an d powers to Commissioner or Commission 
staff members  
(1) The Minister may, by signed instrument, de legate to the following any of the functions 
and powers of the Minister under this Part or the Dumping Duty Act: 
(a) the Commissioner; (b) a Commission staff member. 
 
(2) However, subsection (1) does not apply to a function or power under: 
(a) subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or (2) or 269TK(1) 
or (2) of this Act; or 
(b) subsection 8(5), 9(5), 10(3B) or 11(4) of the Dumping Duty Act. 
 15 Subsections 269TB(1) and (2) 
 
Omit "Customs", substitute "Commissioner".  
16 Subsection 269TB(3) 
 Omit "Customs", substitute "the Commissioner".  
17 Paragraph 269TB(4)(b) 
 Omit "an approved form", substitute "a form approved by the Commissioner for the purposes of 
this section". 
 18 Subsection 269TB(5) 
 
Omit "with the Customs", substitute "with the Commissioner".  19 Paragraph 269TB(5)(a) 
 
Omit "an officer", substitute "a Commission staff member". 
 
20 Paragraphs 269TB(5)(b) and (c) 
 Omit "approved form", substitute "f orm referred to in paragraph (4)(b)". 
 
21 Subsection 269TB(5)  Omit "by Customs", substitute "by the Commissioner". 
 
22 Subsection 269TB(5)  
Omit "by an officer", substitute "by a Commission staff member". 
 23 Subsections 269TC(1) and (2) 
 
Omit "Customs receives", substitute "receiving".  24 Subsection 269TC(2A) 
 
Omit "give Customs", substitute "give the Commissioner".  
25 Paragraphs 269TC(2A)(a) and (b) 
 Omit "Customs", substitute "the Commissioner". 
 
26 Subparagraph 269TD(2)(a)(ii)  Omit "Customs", substitute "the Commissioner". 
 G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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  27 Subsection 269TD(3) 
 Omit "Customs", substitute "the Commissioner".  
28 Paragraph 269TD(4)(b) 
 Omit "officer of Customs taking the se curities", substitute "Commissioner". 
 
29 Subparagraph 269TDAA(2)(a)(ii)  Omit "Customs", substitute "the Commissioner". 
 
30 Subsection 269TDAA(3)  
Omit "Customs", substitute "the Commissioner". 
 31 Subparagraph 269TEA(3)(a)(iv) 
 
Omit "Customs", substitute "the Commissioner".  32 Subsection 269TEA(4) 
 
Omit "Customs", substitute "the Commissioner".  
33 Subsection 269U(1) 
 Omit "authorize an officer", substitute "authorise a Commission staff member". 
 
34 Subsection 269U(2)  Omit "An officer authorized", substitute "A Commission staff member authorised". 
 
35 Subsections 269U(3) to (9)  
Omit "officer", substitute "Commission staff member". 
 36 Paragraph 269W(2)(a) 
 
Omit "at Customs House in Canberra", substitute "by the Commissioner by notice published on the Anti-Dumping Commission’s website".  
37 Subsection 269W(2) 
 Omit "an officer of Customs", substi tute "a Commission staff member". 
 
38 Subsection 269YA(1)  
Omit "Customs", substitute "Commissioner". 
 39 Paragraph 269ZB(1)(b)  
Omit "an approved form", substitute "a form approved by the Commissioner for the purposes of 
this section".  
40 Subsection 269ZB(2) 
 Omit "approved" (wherever occurring). 
 
41 Subsection 269ZB(3)  Omit "with Customs", substitute "with the Commissioner". 
 G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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  42 Paragraph 269ZB(3)(a) 
 Omit "at Customs House in Canberra", substitute "by the Commissioner by notice published on the Anti-Dumping Commission’s website". 
 
43 Paragraphs 269ZB(3)(b) and (c)  
Omit "approved form", substitute "f orm referred to in paragraph (1)(b)". 
 44 Subsection 269ZB(3)  
Omit "an officer of Customs", substi tute "a Commission staff member". 
 45 Subsection 269ZC(1) 
 
Omit "with Customs", substitute "with the Commissioner".  
46 Subsection 269ZC(1) 
 Omit "Customs receives", substitute "receiving".  
47 Section 269ZCA 
 Omit "Customs", substitute "the Commissioner". 
 
48 Paragraph 269ZCB(1)(c)  
Omit "an approved form", substitute "a form approved by the Commissioner for the purposes of 
this section".  49 Subsection 269ZCB(2) 
 
Omit "approved".  
50 Subsection 269ZCB(3) 
 Omit "with Customs", substitute "with the Commissioner". 
 
51 Paragraph 269ZCB(3)(a)  Omit "at Customs House in Canberra", substitute "by the Commissioner by notice published on the 
Anti-Dumping Commission’s website". 
 52 Paragraphs 269ZCB(3)(b) and (c) 
 
Omit "approved form", substitute "f orm referred to in paragraph (1)(c)". 
 
53 Subsection 269ZCB(3) 
 Omit "an officer of Customs", substi tute "a Commission staff member". 
 
54 Subsection 269ZCC(1) 
 Omit "with Customs", substitute "with the Commissioner". 
 
55 Subsection 269ZCC(1)  
Omit "Customs receives", substitute "receiving". 
 56 Subparagraphs 269ZD(2)(a)(ii) and (iii)  
Omit "Customs", substitute "the Commissioner". G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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57 Subsection 269ZD(3) Omit "Customs", substitute "the Commissioner".  
58 Subparagraph 269ZDA(3)(a)(iv) 
 Omit "Customs", substitute "the Commissioner". 
 
59 Subsection 269ZDA(4)  Omit "Customs", substitute "the Commissioner". 
 
60 Paragraph 269ZDBD(1)(b)  
Omit "an approved form", substitute "a form approved by the Commissioner for the purposes of 
this section".  
61 Subsection 269ZDBD(3) 
 Omit "with Customs", substitute "with the Commissioner".  
62 Paragraph 269ZDBD(3)(a) 
 Omit "at Customs House in Canberra", substitute "by the Commissioner by notice published on the 
Anti-Dumping Commission’s website". 
 63 Paragraphs 269ZDBD(3)(b) and (c) 
 
Omit "approved form", substitute "f orm referred to in paragraph (1)(b)". 
 64 Subsection 269ZDBD(4) 
 
Omit "an officer of Customs", substi tute "a Commission staff member". 
 
65 Subsection 269ZDBE(1) 
 Omit "with Customs", substitute "with the Commissioner". 
 
66 Subsection 269ZDBE(1)  Omit "Customs receives", substitute "receiving". 
 
67 Subparagraph 269ZDBF(2)(a)(ii)  
Omit "Customs", substitute "the Commissioner". 
 68 Subsection 269ZDBF(3) 
 
Omit "Customs", substitute "the Commissioner".  69 Subparagraph 269ZDBG(2)(a)(iv) 
 
Omit "Customs", substitute "the Commissioner".  
70 Subparagraph 269ZDBG(2)(aa)(ii) 
 Omit "Customs", substitute "the Commissioner". 
 
71 Subsections 269ZDBG(3) and (3A)  Omit "Customs", substitute "the Commissioner". 
 G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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  72 Subsection 269ZF(2) 
 Omit "with Customs", substitute "with the Commissioner".  
73 Paragraph 269ZF(2)(a) 
 Omit "accelerated review applications", substitute "such applications by the Commissioner by 
notice published on the Anti-Dumping Commission’s website". 
 74 Subsection 269ZF(2)  
Omit "an officer of Customs", substi tute "a Commission staff member". 
 75 Paragraph 269ZH(b) 
 
Omit "Commissioner", substitute "Customs".  
76 Paragraph 269ZHC(1)(b) 
 Omit "an approved form", substitute "a form approved by the Commissioner for the purposes of this section". 
 
77 Subsection 269ZHC(2)  
Omit "with Customs", substitute "with the Commissioner". 
 78 Paragraph 269ZHC(2)(a) 
 
Omit "at Customs House in Canberra", substitute "by the Commissioner by notice published on the Anti-Dumping Commission’s website".  
79 Paragraphs 269ZHC(2)(b) and (c) 
 Omit "approved form", substitute "f orm referred to in paragraph (1)(b)". 
 
80 Subsection 269ZHC(2)  
Omit "an officer of Customs", substi tute "a Commission staff member". 
 81 Subsection 269ZHD(1)  
Omit "with Customs", substitute "with the Commissioner". 
 82 Subparagraph 269ZHE(2)(a)(ii) 
 
Omit "Customs", substitute "the Commissioner".  
83 Subsection 269ZHE(3) 
 Omit "Customs", substitute "the Commissioner".  
84 Subparagraph 269ZHF(3)(a)(iv) 
 Omit "Customs", substitute "the Commissioner". 
 
85 Subsection 269ZP(3)  
After "officer of Customs", insert ", the Commissioner or a Commission staff member". 
 86 Paragraphs 269ZU(2)(b) and (3)(d)  
Omit "an officer of Customs", substi tute "a Commission staff member". G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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87 Paragraph 269ZZYD(1)(a) Omit "CEO", substitute "Commissioner".  
88 Subsections 269ZZYE(1), (2) and (3) 
 Omit "CEO", substitute "Commissioner". 
 
89 Subsection 269ZZYF(1)  Omit "CEO", substitute "Commissioner". 
 
90 Subsection 269ZZYG(2) (heading)  
Repeal the heading, substitute: 
Commissioner to convene meetings  
91 Subsections 269ZZYG(2) and (3) 
 Omit "CEO" (wherever occurring),  substitute "Commissioner". 
 
92 At the end of section 269ZZYG 
 Add: 
 
(6) The Minister may, by signed instrument, delegate to the following the power of the 
Minister under subsection (4): 
(a) the Commissioner; 
(b) a Commission staff member. 
 93 At the end of Part XVC 
 
Add:  
269ZZYH Disclosure of information 
 
(1) The Commissioner, or a Commission st aff member, may disclose information 
(including personal information) obtained under this Part to the CEO, or an officer of 
Customs, for the purposes of a Customs Act. 
 
Interaction with the Privacy Act 1988 
 
(2) For the purposes of the Privacy Act 1988 , the disclosure of personal information under 
subsection (1) is taken to be a disclosure that is authorised by this Act. 
 
Definition 
 
(3) In this section: 
 
personal information has the same meaning as in the Privacy Act 1988 . 
 
Customs Administration Act 1985 
 94 Section 3 (definition of Commissioner ) 
 
Repeal the definition.  
95 Subsection 4(3) 
 Omit ", the Commissioner". G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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96 Subsection 14(4A)  Repeal the subsection. 
97 Paragraph 16(1AA)(aa) 
 Repeal the paragraph. G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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  Part 2—Other amendments 
 Criminal Code Act 1995  
98 Section 146.1 of the Criminal Code (paragraph (da) of the definition of 
Commonwealth law enforcement officer ) 
 
Repeal the paragraph. 
 Law Enforcement Integrity Commissioner Act 2006  
99 Paragraph 10(2A)(aa) 
 Repeal the paragraph. G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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  Part 3—Application, saving and transitional provisions 
 100 Application provisions  
(1) The amendments made by items 15 to 22 appl y in relation to an application lodged under 
subsection 269TB(1) or (2), or a notice lodged under subsection 269TB(3), of the Customs 
Act 1901 on or after the commencement of those items. 
 
(2) The amendments made by items 24 and 25 a pply in relation to information lodged under 
subsection 269TC(2A) of the Customs Act 1901 on or after the commencement of those 
items. 
 
(3) The amendment made by item 28 applies in relation to a preliminary affirmative 
determination made under subsection 269TD(1) of the Customs Act 1901 on or after the 
commencement of that item. 
 (4) The amendments made by items 36 and 37 appl y in relation to an application lodged under 
subsection 269V(1) of the Customs Act 1901 on or after the commencement of those items. 
 (5) The amendments made by items 39 to 44 appl y in relation to an application lodged under 
subsection 269ZA(1) of the Customs Act 1901 on or after the commencement of those 
items. 
 (6) The amendments made by items 47 to 53 appl y in relation to an application lodged under 
section 269ZCA of the Customs Act 1901 on or after the commencement of those items. 
 (7) The amendments made by items 60 to 64 appl y in relation to an application lodged under 
subsection 269ZDBC(1) of the Customs Act 1901 on or after the commencement of those 
items. 
 (8) The amendments made by items 72 to 74 appl y in relation to an application lodged under 
subsection 269ZE(1) of the Customs Act 1901 on or after the commencement of those 
items. 
 
(9) The amendments made by items 76 to 80 appl y in relation to an application lodged under 
section 269ZHB of the Customs Act 1901 on or after the commencement of those items. 
 
(10) Sections 269SMT and 269ZZYH of the Customs Act 1901 , as amended by this Act, apply in 
relation to information obtained before, on or after the commencement of this item. 
 101 Continuity of Commissioner not affected 
 
The amendments made by this Schedule do not affect the continuity of:  (a) the appointment of the Commissioner of the Anti-Dumping Commission; or 
 (b) the terms and conditions on which that Commissioner holds office. 
 102 Continuity of members of th e Review Panel not affected 
 
The amendments made by this Schedule do not affect the continuity of: 
(a) the appointment of a member of the Revi ew Panel mentioned in section 269ZL of the 
Customs Act 1901 ; or 
(b) the terms and conditions on which that member holds office. 
 103 Continuity of members of the Internat ional Trade Remedies Forum not affected 
 
The amendments made by this Schedule do not affect the continuity of the appointment of a 
member of the International Trade Remedies Forum mentioned in section 269ZZYB of the Customs 
Act 1901 . 
 104 Continuity of applications and submissions  
Applications G/ADP/N/1/AUS/2/Suppl.13 • G/SCM/N/1/AUS/2/Suppl.11 
 
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(1) If: 
 (a) an application under Part XVB of the Customs Act 1901  was lodged with Customs 
before the commencement of this item; and 
(b) the application had not been decided before that commencement; 
then, on and after that commencement, that Part has effect as if the application had been lodged 
with the Commissioner. 
 
Submissions 
 
(2) If: 
 
(a) an investigation, review or inquiry under Part XVB of the Customs Act 1901  is pending 
at the commencement of this item; and 
(b) before that commencement, submissions were received by Customs in relation to the 
investigation, review or inquiry; 
then, on and after that commencement, that Part has effect as if the submissions had been 
received by the Commissioner.  105 Continuation of secrecy provision 
 
(1) A delegation in force under subsection 14(4A) of the Customs Administration Act 1985  
immediately before the commencement of this item continues to apply on and after that 
commencement. 
 (2) Section 16 of the Customs Administration Act 1985 , as in force immediately before the 
commencement of this item, continues to apply on and after that commencement in relation 
to the Commissioner and to information that came to the knowledge of, or into the possession of, the Commissioner before that commencement while he or she performed duties. 
 
106 Continuation of offences under the Criminal Code  
 
Sections 146.1, 146.2, 147.1 and 147.2 of the Criminal Code , as in force immediately before the 
commencement of this item, continue to apply on and after that commencement in relation to conduct engaged in before that commencemen t in relation to the person covered by 
paragraph (da) of the definition of Commonwealth law enforcement officer  in section 146.1 of 
the Criminal Code . 
 107 Continuation of processes under the Law Enforcement Integrity Commissioner 
Act 2006  
 The Law Enforcement Integrity Commissioner Act 2006 , as in force immediately before the 
commencement of this item, continues to apply on and after that commencement in relation to 
conduct engaged in before that commencement by the person covered by paragraph 10(2A)(aa) of 
that Act. 
 
108 Transitional rules  The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature 
(including prescribing any saving or application provisions) arising out of the amendments and 
repeals made by Part 1 or 2 of this Schedule.  
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