G/ADP/N/1/AUS/2/Suppl.11  
G/SCM/N/1/AUS/2/Suppl.9  
 
19 April 2013  
(13-2074)  Page: 1/8  
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 17 April 2013,  is being circulated at the request of the 
Delegation of Australia.  
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 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) Act 2013.  This legislation received Royal Assent on 
30 March 2013. 
 
The Anti-Dumping Commission will start operatin g on 1 July 2013 and will be predominantly based 
in Melbourne. The Anti-Dumping Commission will be responsible for the administration of Australia's anti-dumping and countervailing system . This function is currently undertaken by the 
International Trade Remedies Branch within Cust oms and Border Protection (Customs and Border 
Protection). The Commission will be established within Customs and Border Protection to preserve operational links when implementing anti-dumping measures and monitoring compliance with 
these measures. 
 The Anti-Dumping Commission will be headed by a statutory Commissioner who will report to the 
Minister for Home Affairs on anti-dumping and countervailing decisions and to the Chief Executive 
Officer (CEO) of Customs and Border Protection in relation to financial, recruitment and other administrative matters. The Commissioner will be responsible for the decision-making and anti-dumping related matters that currently rest with the CEO of Customs and Border Protection. 
 
 G/ADP/N/1/AUS/2/Suppl.11 • G/SCM/N/1/AUS/2/Suppl.9 
 
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Customs Amendment (Anti-Dumping Commission) Act 2013  No. 32, 2013 
 
An Act to amend the law relating to customs, and for related purposes  
[Assented to 30 March 2013 ] 
 The Parliament of Australia enacts:  
1 Short title 
  This Act may be cited as the Customs Amendment (Anti-Dumping Commission) Act 2013 . 
 
2 Commencement  
 This Act commences on 1 July 2013. 
 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 Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the 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.11 • G/SCM/N/1/AUS/2/Suppl.9 
 
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Schedule 1—Amendments  Part 1—Main amendments 
 
Customs Act 1901  
1 Subsection 4(1) (definition of Commissioner ) 
 
Repeal the definition, substitute: 
 
Commissioner  means the Commissioner of the Anti-Dumping Commission established 
under section 269SMB.  
2 After subsection 9(3) 
 
Insert: 
 
(3A) The Minister may, by signed instrument, delegate to the Commissioner any of the 
functions and powers of the Minister under Part XVB. 
 
3 Subsection 9(4) 
 
Omit "Despite subsection (1)", substitu te "Despite subsections (1) and (3A)". 
 
4 Paragraph 30(1)(d)  
Omit "Commissioner's", substitute "Commissioner of Taxation's". 
 
5  Paragraph 42(1B)(a)  
Omit "CEO", substitute "Commissioner". 
 6 Subsection 114D(2) 
 
Omit "Commissioner's", substitute "Commissioner of Taxation's".  
7 After subsection 269SM(2) 
 
Insert:  
(2A) Division 1A deals with the establishment of the Anti-Dumping Commission and the 
Commissioner. 
 
8 Before Division 1 of Part XVB 
 
Insert: 
 
Division 1A—Anti-Dumping Commission and Commissioner  Subdivision A—Preliminary 
 
269SMA What this Division is about  
• This Division establishes the Anti-Dumping Commission within the Australian Customs and 
Border Protection Service. 
 
• There is to be a Commissioner of the An ti-Dumping Commission. The Commissioner has 
functions and powers under this Part. 
 • The Commissioner is to be assisted by staff of the Australian Customs and Border Protection 
Service. G/ADP/N/1/AUS/2/Suppl.11 • G/SCM/N/1/AUS/2/Suppl.9 
 
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  Subdivision B—Anti-Dumping Commission 
 269SMB Establishment  
 There is to be an Anti-Dumping Commission within the Australian Customs and Border 
Protection Service. 
 
269SMC Constitution of the Anti-Dumping Commission 
  The Anti-Dumping Commission consists of:  
 (a) the Commissioner; and 
 (b) the staff assisting the Commissioner as mentioned in subsection 269SMQ(1).  
269SMD Function of the Anti-Dumping Commission 
  The Anti-Dumping Commission's function is to  assist the Commissioner in the performance 
of his or her functions or the exercise of his or her powers. 
 269SME Anti-Dumping Commission has priv ileges and immunities of the Crown 
 
 The Anti-Dumping Commission has the privileges and immunities of the Crown in right of 
the Commonwealth. 
 
Subdivision C—Commissioner 
 269SMF Establishment 
 
 (1) There is to be a Commissioner of the Anti-Dumping Commission.  
(2) The Commissioner has the powers and functions conferred or imposed on him or her 
by this Act or any other law. 
 269SMG Powers of Commissioner 
 
 The Commissioner has the power to do all things necessary or convenient to be done for or 
in connection with the performance of his or her functions. 
 
269SMH Appointment   (1) The Commissioner is to be appointed by the Minister by written instrument. 
 
 (2) The Commissioner may be appointed on a full-time or part-time basis.  
269SMI Term of appointment 
  The Commissioner holds office fo r the period specified in the instrument of appointment. The 
period must not exceed 5 years. 
 Note: The Commissioner may be reappointed: see section 33AA of the Acts Interpretation 
Act 1901 . 
 
269SMJ Acting Commissioner  
 The Minister may appoint an individual to act as the Commissioner: 
 
(a) during a vacancy in the office of the Commissioner (whether or not an appointment 
has previously been made to the office); or 
(b) during any period, or during all periods,  when the Commissioner is absent from duty 
or from Australia, or is, for any reason, unable to perform the duties of the office. 
 G/ADP/N/1/AUS/2/Suppl.11 • G/SCM/N/1/AUS/2/Suppl.9 
 
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  Note: Sections 33AB and 33A of the Acts Interpretation Act 1901  have rules that apply to 
acting appointments. 
 269SMK Terms and conditions of appointment 
 
(1) The Commissioner holds office on such terms and conditions as are determined in 
writing by the Minister. 
 
(2) The office of Commissioner is not a public office for the purposes of Part II of the 
Remuneration Tribunal Act 1973 . 
 
269SML Disclosure of inte rests to the Minister 
 
The Commissioner must give written notice to the Minister of all interests, pecuniary 
or otherwise, that the Commissioner has or acquires and that conflict or could conflict 
with the proper performance of the Commissioner's functions. 
 
269SMM Outside employment 
 
Full-time Commissioner  
(1) If the Commissioner is appointed on a full-time basis, he or she must not engage in 
paid employment outside the duties of his or her office without the Minister's approval. 
 
Part-time Commissioner 
 
(2) If the Commissioner is appointed on a part-time basis, he or she must not engage in 
any paid employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of his or her duties. 
 
269SMN Resignation 
 
(1) The Commissioner may resign his or her appointment by giving the Minister a written 
resignation. 
 
(2) The resignation takes effect on the day it is received by the Minister or, if a later day 
is specified in the resignation, on that later day. 
 269SMO Termination of appointment  
 (1) The Minister may terminate the appointment of the Commissioner: 
  (a) for misbehaviour; or 
(b) if the Commissioner is unable to perform the duties of his or her office because 
of physical or mental incapacity. 
  (2) The Minister may terminate the appointment of the Commissioner if: 
  (a) the Commissioner: 
   (i) becomes bankrupt; or 
(ii) applies to take the benefit of any law for the relief of bankrupt or 
insolvent debtors; or 
   (iii) compounds with his or her creditors; or 
(iv) makes an assignment of his or her remuneration for the benefit of his or 
her creditors; or 
(b) the Commissioner is absent, except on leave of absence, for 14 consecutive 
days or for 28 days in any 12 months; or 
(c) the Commissioner fails, without reasonable excuse, to comply with 
section 269SML; or 
(d) the Commissioner is appointed on a full-time basis and engages, except with 
the Minister's approval, in paid employ ment outside the duties of his or her 
office (see subsection 269SMM(1)); or G/ADP/N/1/AUS/2/Suppl.11 • G/SCM/N/1/AUS/2/Suppl.9 
 
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  (e) the Commissioner is appointed on a part-time basis and engages in paid 
employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of his or her duties (see subsection 269SMM(2)). 
 
269SMP Delegation 
 
(1) The Commissioner may, by writing, delegate any of the Commissioner's functions or 
powers to an officer of Customs . 
 (2) In performing functions or exercising po wers under a delegation, the delegate must 
comply with any written directions of the Commissioner. 
 
Subdivision D—Staff assisting the Commissioner  
269SMQ Staff 
 
(1) The staff assisting the Commissioner are to be staff referred to in section 15 of the 
Customs Administration Act 1985 and made available for the purpose by the CEO. 
 (2) When performing services for the Commissioner under this section, a person is subject 
to the directions of the Commissioner. 
 
Note: Subsection 4(2) of the Customs Administration Act 1985  provides that the CEO, under 
the Minister, controls the Australian Customs and Border Protection Service. 
 
9  Division 1 of Part XVB (heading)  
Repeal the heading, substitute: 
 Division 1—Definitions and role of Minister  
10 Part XVB 
Omit "CEO" (wherever occurring),  substitute "Commissioner". 
 
11 Part XVB 
 Omit "CEO's" (wherever occurring), substitute "Commissioner's". 
 
12 Part XVB  Omit "CEO"  (wherever occurring), substitute " Commissioner ". 
 
13 Part XVB  
Omit " CEO's " (wherever occurring), substitute " Commissioner's ". 
 14 Part XVB 
 
Omit "CEO"  (wherever occurring), substitute "Commissioner".  
 Customs Administration Act 1985  
 
15 Section 3  
Insert: 
 
Commissioner  means the Commissioner of the Anti-Dumping Commission established 
under section 269SMB of the Customs Act 1901 . 
 
16 Subsection 4(3)  
After "CEO", insert ", the Commissioner". G/ADP/N/1/AUS/2/Suppl.11 • G/SCM/N/1/AUS/2/Suppl.9 
 
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17 Subsection 4(4)  
After "under a law of customs", insert "(other than Part XVB of the Customs Act 1901 )". 
 
18 After subsection 14(4)  
Insert: 
 
(4A) The CEO may, by signed instrument, delegate to the Commissioner any of the powers 
of the CEO under section 16, to the extent that those powers apply in connection with 
Part XVB of the Customs Act 1901 . 
 19 After paragraph 16(1AA)(a) 
 
Insert: 
 
 (aa) the Commissioner; and 
 Part 2—Other amendments  
Criminal Code Act 1995 
 20 Section 146.1 of the Criminal Code (after paragraph (d) of the definition of 
Commonwealth law enforcement officer ) 
 
Insert: 
 
(da) the Commissioner of the Anti-Dumping Commission established under section 269SMB 
of the Customs Act 1901 ; or 
 
Law Enforcement Integrity Commissioner Act 2006 
 21 After paragraph 10(2A)(a) 
 
Insert:  
(aa) the Commissioner of the Anti-Dumping Commission established under section 269SMB 
of the Customs Act 1901 ; 
 G/ADP/N/1/AUS/2/Suppl.11 • G/SCM/N/1/AUS/2/Suppl.9 
 
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  Part 3—Transitional provisions 
 22 Transitional—things done by , or in relation to, the CEO 
 
(1) A thing done by, or in relation to, the CEO under Part XVB of the Customs Act 1901  before 
the commencement of this item has effect, after that commencement, as if it had been done 
by, or in relation to, the Commissioner under that Part. 
 
(2) The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified thing.  
(3) A determination made under subitem (2) is not a legislative instrument. 
 23 Transitional—legal proceedings involving the CEO 
 
(1) This item applies if: 
(a) any proceedings to which the CEO was a party were pending in any court or tribunal 
immediately before the commencement of this item; and 
 (b) the proceedings relate to th e operation of Part XVB of the Customs Act 1901 . 
 (2) The Commissioner is substituted for the CEO, from the commencement of this item, as a 
party to the proceedings. 
 24 Transitional regulations 
 
The Governor-General may make regulations pr escribing matters of a transitional nature 
(including prescribing any saving or application provisions) relating to the amendments 
made by this Schedule. 
 
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