G/ADP/N/1/AUS/2/Suppl.9  
G/SCM/N/1/AUS/2/Suppl.7  
 
26 February 2013  
(13-1023)  Page: 1/19  
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  
A
USTRALIA  
Supplement 
 The following communication, dated 7 February 2013, 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 Measur es, Australia hereby notifies the attached 
Customs Amendment (Anti-dumping Improvements) Act (No. 1) 2012.  
This legislation received Royal Assent on 13 De cember 2012 and will commence no later than 
13 June 2013. It establishes a new appeals process to replace the existing appeals mechanism; establishes the International Trade Remedies Forum, a stakeholder body of representatives from 
manufacturers, producers and importers as well as industry associations, trade unions and 
relevant Government agencies; and provides for flexible extensions to timeframes for an investigation, review of measures, continuation inquiry or duty assessment.  
 
 G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 2 - 
 
  Contents  
 
1  Short title ................................................................................................................ .... 3 
2  Commencement ............................................................................................................ 3 
3  Schedule(s) .................................................................................................................. 3 
 
Schedule 1—Amendments 4 
Customs Act 1901 4 
 G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 3 - 
 
  Customs Amendment (Anti-dumping  
Improvements) Act (No.1) 2012   No. 205, 2012 
  
 
An Act to amend the Customs Act 1901 , and for related purposes 
[Assented to 13 December 2012 ] 
The Parliament of Australia enacts: 
1  Short title 
This Act may be cited as the Customs Amendment (Anti-dumping Improvements) Act (No. 1) 
2012. 
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 2012 
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 later 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.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 4 - 
 
  Schedule 1—Amendments 
Customs Act 1901  
1  Subsection 269SM(9) 
Omit “an independent reviewer, the Trade Measures  Review Officer, and provide for the Review 
Officer to review Ministerial decisions to publish or not to publish dumping duty notices or 
countervailing duty notices”, substitute “an independent panel, the Review Panel, and provide for the Panel to review a range of Ministerial decisions (including decisions to publish or not to publish 
dumping duty notices or countervailing duty notices)”. 
2  Subsection 269T(1) (definition of Review Officer ) 
Repeal the definition. 
3  Subsection 269T(1) 
Insert: 
Review Panel  means the Review Panel established under section 269ZL. 
4  Paragraph 269TC(3)(b) 
Omit “Review Officer”, substitute “Review Panel”. 
5  Subparagraph 269TC(4)(bf)(ii) 
Repeal the subparagraph, substitute: 
  (ii) within such longer period as the Minister allows under section 269ZHI; 
6  Paragraph 269TDA(15)(c) 
Omit “Review Officer”, substitute “Review Panel”. 
7  Subsection 269TEA(1) 
Omit “before the end of the period for reporting to  the Minister that is referred to in paragraph 
269TC(4)(bf)”, substitute “within 155 days after the da te of initiation of the investigation or such 
longer period as the Minister allows under section 269ZHI”. 
8  Subsection 269X(1) 
Omit “but not more than 155 days after the lodgment of that application”, substitute “and within 
155 days after the lodgement of that application or such longer period as the Minister allows under 
section 269ZHI”. 
9  Subparagraph 269X(7)(b)(ii) 
Omit “Review Officer”, substitute “Review Panel”. 
10  Paragraph 269X(8)(b) 
Omit “Review Officer”, substitute “Review Panel”. 
11  Subsection 269Y(1) 
Omit “Review Officer”, substitute “Review Panel”. 
12  Subparagraph 269YA(5)(a)(iii) 
Omit “Review Officer”, substitute “Review Panel”. 
13  Subparagraph 269ZC(7)(c)(ii) 
Repeal the subparagraph, substitute: 
  (ii) within such longer period as th e Minister allows under section 269ZHI; and G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 5 - 
 
  14  Subsection 269ZD(1) 
Omit “within the time limit specified for so doing on that notice”, substitute “within 110 days after 
the publication of the notice or such longer period as the Minister allows under section 269ZHI”. 
15  Subsection 269ZDA(1) 
Omit “before the end of the period referred to in paragraph 269ZC(7)(c) as it applies to those 
measures”, substitute “within 155 days after the date  of publication of the notice under subsection 
269ZC(4), (5) or (6) in relation to those measures or such longer period as the Minister allows under section 269ZHI”. 
16  Subparagraph 269ZHD(5)(c)(ii) 
Repeal the subparagraph, substitute: 
  (ii) within such longer period as th e Minister allows under section 269ZHI; and 
17  Subsection 269ZHE(1) 
Omit “within the time limit specified for so doing in the notice”, substitute “within 110 days after 
the publication of the notice or such longer period as the Minister allows under section 269ZHI”. 
18  Subsection 269ZHF(1) 
Omit “before the end of the period referred to in paragraph 269ZHD(5)(c) as it applies to those 
measures”, substitute “within 155 days after the date  of publication of the notice under subsection 
269ZHD(4) in relation to those measures or such longer period as the Minister allows under 
section 269ZHI”. 
19  Section 269ZHH 
Omit “the period for placing statements of essentia l facts on the public record”, substitute “various 
periods for doing things under this Part”. 
20  Section 269ZHI 
Repeal the section, substitute: 
269ZHI  Minister may extend  certain periods of time 
(1) The CEO may give the Minister a written request for one or more of the following: 
 (a) an extension of the 110-day period referred to in subsection 269TDAA(1); 
 (b) an extension of the 155-day period referred to in subsection 269TEA(1); 
 (c) an extension of the 155-day period referred to in subsection 269X(1);  (d) an extension of the 110-day period referred to in subsection 269ZD(1); 
 (e) an extension of the 155-day period referred to in subsection 269ZDA(1); 
 (f) an extension of the 110-day period referred to in subsection 269ZHE(1); 
 (g) an extension of the 155-day period referred to in subsection 269ZHF(1). 
(2) The CEO must give reasons for the request. 
(3) The Minister may approve a request if the Minister is satisfied that it is reasonable to do so. 
The Minister must notify the CEO of the extension period. 
(4) If the Minister refuses a request, the Mi nister must notify the CEO of the refusal. 
(5) The Minister may grant more than one extension of a period referred to in subsection (1). 
21  Division 8 of Part XVB (heading) 
Repeal the heading, substitute: 
Division 8—Review Panel 
22  Sections 269ZK to 269ZT 
Repeal the sections, substitute: G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 6 - 
 
  269ZK  What this Division is about 
This Division establishes the Review Panel. It: 
• deals with the appointment of members to the Panel; and 
• deals with the terms and conditions for members; and 
• provides for the provision of  resources to the Panel; and 
• regulates the disclosure of info rmation in the Panel’s control. 
269ZL  Establishment of Review Panel 
The Review Panel is established by this section. 
269ZM  Membership of the Review Panel  
The Review Panel consists of the following members: 
 (a) a Senior Member; 
 (b) at least 2 other members. 
269ZN  Review Panel’s powers 
The Review Panel has power to do all things necessary or convenient to be done for or in 
connection with the performance of its functions under this Part in relation to the review of certain 
decisions made by the Minister or the CEO. 
Note: Sections 269ZZA and 269ZZN set out these reviewable decisions. 
269ZO  Protection of members 
A member of the Review Panel has, in the performance of his or her duties as a member, the same 
protection and immunity as a Justice of the High Court. 
269ZP  Appointment of members 
(1) Each member of the Review Pa nel is to be appointed by the Minister by written instrument. 
(2) A member of the Review Panel holds office on a part-time basis. 
(3) The Minister must not appoint an officer of Customs as a member of the Review Panel. 
(4) A person must not be appointed as a member of the Review Panel unless the Minister is 
satisfied that the person has appropriate qualifications, knowledge or experience. 
269ZQ  Period of appointment for members  
A member of the Review Panel holds office fo r the period specified in the instrument of 
appointment. The period must not exceed 3 years. 
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 . 
269ZR  Terms and conditions of appointment 
(1) A member of the Review Panel holds office on  such terms and conditions as are determined 
in writing by the Minister. 
(2) An office of Review Panel member is not a pu blic office for the purposes of Part II of the 
Remuneration Tribunal Act 1973 . G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 7 - 
 
  269ZS  Disclosure of inte rests to the Minister 
A member of the Review Panel must give written notice to the Minister of any direct or indirect 
pecuniary interest that the member has or acquires and that conflicts or could conflict with the proper performance of the member’s functions. 
269ZT  Outside employment 
A member of the Review Panel must not engage in any paid employment that, in the Minister’s 
opinion, conflicts or may conflict with the proper performance of the member’s duties. 
269ZTA  Resignation 
(1) A member of the Review Panel may resign hi s 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. 
269ZTB  Termination of appointment 
(1) The Minister may terminate the appointment of a member of the Review Panel for 
misbehaviour or physical or mental incapacity. 
(2) The Minister may terminate the appointm ent of a member of the Review Panel if: 
 (a) the member: 
  (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 member engages in paid employment th at, in the Minister’s opinion, conflicts or 
may conflict with the proper performance of the member’s duties (see section 269ZT); or 
 (c) the member fails, without reasonable excuse, to comply with section 269ZS; or 
 (d) the member is absent from duty, except on leave of absence, for 14 consecutive days 
or for 28 days in any 12 months. 
269ZTC  Acting appointments 
The Minister may, by written instrument, appoint a person to act as a member of the Review 
Panel: 
 (a) during a vacancy in the office of the member (whether or not an appointment has 
previously been made to the office); or 
 (b) during any period, or during all periods, when the member: 
  (i)  is absent from duty or from Australia; or 
  (ii) is, for any reason, unable to perform the duties of the office. 
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation 
Act 1901 . 
269ZTD  Provision of resources to Review Panel 
(1) The Minister must arrange with the Review Panel for sufficient resources (including 
personnel) to be made available to the Panel to enable the Panel to perform the Panel’s functions 
effectively. 
(2) If a person is performing services for th e Review Panel under such an arrangement, the 
person must perform those services in accordance with the directions of the Panel. G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 8 - 
 
  23  Section 269ZU (heading) 
Repeal the heading, substitute: 
269ZU  Review Panel may supply information 
24  Subsections 269ZU(1) and (2) 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
25  Subsection 269ZU(2) 
Omit “section 269ZT”, substitute “section 269ZTD”. 
26  Subsections 269ZV(1) and (2) 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
27  Division 9 of Part XVB (heading) 
Repeal the heading, substitute: 
Division 9—Review by Review Panel 
28  Section 269ZW 
Repeal the section, substitute: 
269ZW  What this Division is about 
This Division sets out the procedures for review by the Review Panel of certain decisions by the Minister or the 
CEO. It includes: 
• provisions dealing with definitions and ot her preliminary matters (Subdivision A); and 
• the mechanism for review of certain Mi nisterial decisions (Subdivision B); and 
• the mechanism for review of certain decisi ons made by the CEO (Subdivision C); and 
• the keeping of a public record in relation to  certain reviews conducted under this Division 
(Subdivision D). 
This Division does not provide for a right of review of a decision made by the Minister following a review under 
Division 6 or Subdivision B of this Division. 
29  Section 269ZX (definition of approved form ) 
Repeal the definition. 
30  Section 269ZX (after paragrap h (a) of the definition of interested party ) 
Insert: 
 (aa) if there was an application under subsection 269ZA(1) that led to the making of the 
reviewable decision—the applicant in relation to that application; 
 (ab) if there was an application under se ction 269ZHB that led to the making of the 
reviewable decision—the applicant in relation to that application; 
31  Sections 269ZXA and 269ZY 
Repeal the sections, substitute: 
269ZY  Form and manner of applications 
The CEO must, by writing: 
 (a) approve a form for applications for a review under Subdivision B or C; and 
 (b) approve the manner of making those applications. G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 9 - 
 
  269ZYA  Constitution of Review Panel for purposes of review 
For the purposes of a particular review under Su b d i v i s i o n  B  o r  C ,  t h e  R e v i e w  P a n e l  i s  t o  b e  
constituted by a single member of the Panel specified in a written direction given by the Senior Member of the Panel. 
269ZYB  Member unavailable to complete review 
(1) This section applies if: 
 (a) the Review Panel is undertaking a review under Subdivision B or C; and 
 (b) before the review has been completed, the member who constitutes the Panel for the 
purposes of the review has: 
  (i) ceased to be a member; or 
  (ii) ceased to be available for the purposes of the review. 
(2) The Senior Member of the Review Panel must give a written direction reconstituting the 
Panel for the purposes of the review. 
(3) The Review Panel, as so reconstituted, must complete the review and may, for that purpose, 
have regard to any record of the proceedings of the review made by the Panel as previously 
constituted. 
32  Section 269ZZ (heading) 
Repeal the heading, substitute: 
269ZZ  Review Panel to have regard to same considerations as Minister 
33  Subsection 269ZZ(1) 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
34  Paragraph 269ZZ(1)(a) 
Omit “he or she”, substitute “it”. 
35  Subsection 269ZZ(2) 
Omit “Review Officer’s” (wherever occu rring), substitute “Review Panel’s”. 
36  Subsection 269ZZA(1) 
Omit “Review Officer”, substitute “Review Panel”. 
37  At the end of subsection 269ZZA(1) 
Add: 
 ; (c) a decision by the Minister under subsection 269ZDB(1);   (d) a decision by the Minister under subsection 269ZHG(1). 
38  Subsection 269ZZA(2) 
Omit “paragraph (1)(a) or (b)” , substitute “subsection (1)”. 
39  Subsection 269ZZA(2) 
Omit “5 or”. 
40  Subsection 269ZZA(2) (note) 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
41  Section 269ZZB 
Repeal the section, substitute: G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 10 - 
 
  269ZZB  Overview of a review of Minister’s decision 
The following diagram gives an overview of a re view under this Subdivision of a reviewable 
decision. 
Application for review of reviewable decision made
within 30 days of notification of decision
Review Panel to publish notice of the review
Submissions made to Review Panel
Review Panel to
conduct reviewReview Panel may require 
CEO to undertake further 
investigation
CEO to give report on 
further investigation
to Review Panel
Review Panel to make recommendation to Minister
Minister to consider Revi ew Panel’s recommendation 
and to make a decision
Reviewable decision 
affirmedReviewable decision 
revoked and new 
decision substituted
 
42  Section 269ZZD 
Repeal the section, substitute: 
269ZZD  When must an application be made? 
An application for a review must be made within 30 days after: 
 (a) for a decision referred to in paragraph 269ZZA(1)(a) or (b)—a public notice of the 
decision is first published in a newspaper under section 269ZI; or 
 (b) for a decision referred to in paragraph 269ZZA(1)(c)—a notice of the decision is first 
published in a newspaper under subsection 269ZDB(1); or 
 (c) for a decision referred to in paragraph 269ZZA(1)(d)—a notice of the decision is first 
published in a newspaper under subsection 269ZHG(1). 
43  Paragraph 269ZZE(1)(b) 
Omit “an approved form”, substitute “accordance with a form approved under section 269ZY”. G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 11 - 
 
  44  At the end of subsection 269ZZE(1) 
Add: 
; and (e) be made in the manner approved under section 269ZY. 
45  Paragraphs 269ZZE(2)(b) and (c) 
Repeal the paragraphs, substitute: 
 (b) contain a statement setting out the applicant’s reasons for believing that the 
reviewable decision is not the correct or preferable decision. 
46  Subsection 269ZZE(3) 
Repeal the subsection. 
47  Sections 269ZZF and 269ZZG 
Repeal the sections, substitute: 
269ZZG  Rejection of application—failure to  establish decision not the correct or 
preferable decision 
(1) If: 
 (a) an application contains a statement mentioned in paragraph 269ZZE(2)(b); and 
 (b) the Review Panel is not satisfied that the statement sets out reasonable grounds for 
the reviewable decision not being the correct or preferable decision; 
the Panel may, by notice given to the app licant, request the applicant to amend the 
statement, within the 30-day period referred to in section 269ZZD, to set out reasonable 
grounds for the reviewable decision not being the correct or preferable decision. 
(2) The Review Panel may reject an application if, at the end of the 30-day period referred to in 
section 269ZZD, the Panel is not satisfied that the applicant has given the Panel information 
setting out reasonable grounds for the reviewable decision not being the correct or preferable 
decision. 
(3) Subsection (2) applies whether or not a notice is given under subsection (1). 
(4) Nothing in subsection (1) prevents the Review Panel from seeking further information from 
an applicant within the 30-day period referred to in section 269ZZD. 
48  Section 269ZZH 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
49  Subsection 269ZZI(1) 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
50  Paragraph 269ZZI(2)(b) 
Omit “(including the particular finding or findings the reinvestigation of which is sought by the 
applicant)”. 
51  Paragraph 269ZZI(2)(c) 
Omit “Review Officer”, substitute “Review Panel”. 
52  Paragraph 269ZZI(2)(c) 
Omit “public”. 
53  Section 269ZZJ 
Repeal the section, substitute: G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 12 - 
 
  269ZZJ  Submissions in relation to reviewable decision 
Within 30 days after the publication of a notice under section 269ZZI in relation to a review of a 
reviewable decision, the following may make submissions to the Review Panel in accordance with that notice: 
 (a) interested parties in relation to the reviewable decision; 
 (b) a trade union representing one or more persons employed in the Australian industry 
producing, or likely to produce, like goods to the goods the subject of the reviewable 
decision; 
 (c) a person who uses the goods the subject of  the reviewable decision, or like goods, in 
the production or manufacture of other goods in Australia. 
Note: Sections 269ZZX and 269ZZY set out requirem ents concerning confidential or sensitive 
commercial information that might be contained in a submission, including the need to accompany the submission with a summary of such information. 
54  Subsection 269ZZK(1) 
Omit “Review Officer”, substitute “Review Panel”. 
55  Paragraph 269ZZK(1)(b) 
Repeal the paragraph, substitute: 
 (b) recommending that the Minister revoke the reviewable decision and substitute a 
specified new decision. 
56  Subsection 269ZZK(2) 
Repeal the subsection, substitute: 
(2) A report under subsection (1) must set out the reasons for the Review Panel’s 
recommendation. 
57  Subsection 269ZZK(3) 
Omit “The report”, substitute “A report under subsection (1)”. 
58  Paragraph 269ZZK(3)(b) 
Repeal the paragraph, substitute: 
 (b) before the end of: 
 (i) unless subparagraph (ii) applies—the pe riod of 60 days beginning on the day of 
that notification, or such longer period allowed by the Minister in writing because of 
special circumstances; or 
 (ii) if the Review Panel gives the CEO a notice under subsection 269ZZL(1)—the 
period of 30 days beginning on the day the CEO gives the Panel the report under subsection 269ZZL(2). 
59  Subsection 269ZZK(4) 
Omit “In”, substitute “Subject to  subsections (4A) and (5), in”. 
60  Subsection 269ZZK(4) 
Omit “Review Officer”, substitute “Review Panel”. 
61  Paragraph 269ZZK(4)(b) 
Omit “subject to subsection (5),”. 
62  Paragraph 269ZZK(4)(b) 
Omit “from interested parties within 30 days as mentioned in section 269ZZJ”, substitute “under 
section 269ZZJ within the period of 30 days referred to in that section”. G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 13 - 
 
  63  After subsection 269ZZK(4) 
Insert: 
(4A) If the Review Panel gives the CEO a notice under subsection 269ZZL(1), then, in making the 
recommendation, the Review Panel must have regard to the report the CEO gives the Panel under subsection 269ZZL(2). 
64  Subsection 269ZZK(5) 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
65  Subsection 269ZZK(6) (at the end of the definition of relevant information ) 
Add: 
; and  (c) if the reviewable decision was made because of an application under subsection 
269ZA(1)—the information the CEO had regard to, or was, under paragraph 269ZDA(3)(a), 
required to have regard to, when making the findings set out in the report under 
section 269ZDA to the Minister in relation to the making of the reviewable decision; and 
 (d) if the reviewable decision was made be cause of an application under section 269ZHB—
the information the CEO had regard to, or was, under paragraph 269ZHF(3)(a), required to 
have regard to, when making the findings set out in the report under section 269ZHF to the 
Minister in relation to the making of the reviewable decision. 
66  Section 269ZZL 
Repeal the section, substitute: 
269ZZL  Review Panel may require rein vestigation by CEO before making 
recommendation to Minister 
(1) Before making a recommendation under subsection 269ZZK(1) and before the end of the 
period of 60 days beginning on the day of the public notification of the review under 
section 269ZZI, the Review Panel may, by written notice, require the CEO to: 
 (a) reinvestigate a specific finding or findings that formed the basis of the reviewable 
decision; and 
 (b) report the result of the reinvestigation to the Panel within a specified period. 
(2) The CEO must conduct a reinvestigation in accordance with the Review Panel’s requirements 
under subsection (1) and give the Panel a report of the reinvestigation concerning the finding or 
findings within the specified period. 
(3) In a report under subsection (2), the CEO must: 
 (a) if the CEO is of the view that the fi nding or any of the findings the subject of 
reinvestigation should be affirmed—affirm the finding or findings; and 
 (b) set out any new finding or findings that the CEO made as a result of the 
reinvestigation; and 
 (c) set out the evidence or other material on which the new finding or findings are based; 
and 
 (d) set out the reasons for the CEO’s decision. 
67  Section 269ZZM (heading) 
Repeal the heading, substitute: 
269ZZM  Minister’s decision 
68  Subsection 269ZZM(1) 
Omit “CEO in respect of a reinvestigation under  subsection 269ZZL(3)”, substitute “Review Panel 
under subsection 269ZZK(1)”. 
69  Paragraph 269ZZM(3)(b) 
After “vary”, insert “or revoke”. G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 14 - 
 
  70  At the end of subsection 269ZZM(3) 
Add: 
or (d) if the following apply: 
 (i) the reviewable decision is a decision by the Minister under subsection 
269ZHG(1) not to secure the continuation of anti-dumping measures; 
 (ii) those measures comprised a dumping duty notice or a countervailing duty 
notice; 
  (iii) the notice expired under subsection 269ZHG(3) on a day; 
  declare that the notice, as in force immediately before its expiry, is reinstated; or  (e) if the following apply: 
 (i) the reviewable decision is a decision by the Minister under subsection 
269ZHG(1) not to secure the continuation of anti-dumping measures; 
  (ii) those measures comprised the giving of an undertaking by a person; 
  (iii) the person was released from the undertaking under subsection 269ZHG(3); 
 (iv) the person, by notice in writing given to the Minister, agrees to the undertaking 
being reinstated; 
 declare that the undertaking, as in force immediately before the person was released 
from the undertaking, is reinstated. 
71  Paragraph 269ZZM(5)(a) 
Omit “reinvestigation”, substitute “review”. 
72  After paragraph 269ZZM(5)(a) 
Insert: 
(aa) in the case of a notice published where the following applies:  (i) the reviewable decision is a decision by the Minister under subsection 
269ZHG(1) not to secure the continuation of anti-dumping measures; 
  (ii) those measures comprised the giving of an undertaking by a person; 
  (iii) the person was released from the undertaking under subsection 269ZHG(3); 
  (iv) the person does not agree to the undertaking being reinstated; 
  5 years after the day the decision to publish the notice takes effect; or 
73  After subsection 269ZZM(5) 
Insert: 
(5A) A notice that is reinstated under subsection (1), as mentioned in paragraph (3)(d), expires 5 
years after the day the decision to reinstate the no tice takes effect, unless the reinstated notice is 
revoked before the end of that period. 
(5B) An undertaking that is reinstated under su bsection (1), as mentioned in paragraph (3)(e), 
expires 5 years after the day the decision to reinstate the undertaking takes effect, unless 
provision is made for its earlier expiration. 
74  Paragraph 269ZZQ(1)(b) 
Omit “an approved form”, substitute “accordance with a form approved under section 269ZY”. 
75  At the end of subsection 269ZZQ(1) (before the note) 
Add: 
 ; and (e) be made in the manner approved under section 269ZY. 
76  After subsection 269ZZQ(1) 
Insert: 
(1A) Without limiting paragraph (1)(c), an application must contain a statement setting out the 
applicant’s reasons for believing that the reviewable decision is not the correct or preferable 
decision. G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 15 - 
 
  77  Subsection 269ZZQ(2) 
Repeal the subsection. 
78  After section 269ZZQ 
Insert: 
269ZZQA  Rejection of application—failure to  establish decision not the correct or 
preferable decision 
(1) If: 
 (a) an application contains a statement mentioned in subsection 269ZZQ(1A); and 
 (b) the Review Panel is not satisfied that the statement sets out reasonable grounds for 
the reviewable decision not being the correct or preferable decision; 
the Panel may, by notice given to the app licant, request the applicant to amend the 
statement, within the 30-day period referred to in section 269ZZP, to set out reasonable 
grounds for the reviewable decision not being the correct or preferable decision. 
(2) The Review Panel may reject an application if, at the end of the 30-day period referred to in 
section 269ZZP, the Panel is not satisfied that the applicant has given the Panel information 
setting out reasonable grounds for the reviewable decision not being the correct or preferable decision. 
(3) Subsection (2) applies whether or not a notice is given under subsection (1). 
(4) Nothing in subsection (1) prevents the Review Panel from seeking further information from 
an applicant within the 30-day period referred to in section 269ZZP. 
79  Section 269ZZR 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
80  Subsection 269ZZS(1) 
O m i t  “ T h e  R e v i e w  O f f i c e r  m u s t  m a k e  a  d e c i s i o n  o n  a n  a p p l i c a t i o n  f o r  t h e  r e v i e w  o f  a  n e g a t i v e  
prima facie decision by”, substitute “If an application for the review of a negative prima facie 
decision is not rejected under section 269ZZQA, the Review Panel must make a decision on the application by”. 
81  Subsection 269ZZS(3) 
Omit “Review Officer”, substitute “Review Panel”. 
82  Subsection 269ZZS(4) 
Omit “Review Officer’s”, substitute “Review Panel’s”. 
83  Subsection 269ZZT(1) 
After “section”, insert “269ZZQA or”. 
84  Subsections 269ZZT(1), (2) and (4) 
Omit “Review Officer”, substitute “Review Panel”. 
85  Subsection 269ZZT(5) 
Omit “Review Officer’s”, substitute “Review Panel’s”. 
86  Subsection 269ZZT(6) 
Omit “Review Officer”, substitute “Review Panel”. 
87  Subsection 269ZZT(6) 
Omit “his or her”, substitute “its”. G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 16 - 
 
  88  Subsection 269ZZU(1) 
O m i t  “ T h e  R e v i e w  O f f i c e r  m u s t  m a k e  a  d e c i s i o n  o n  a n  a p p l i c a t i o n  f o r  t h e  r e v i e w  o f  a  n e g a t i v e  
preliminary decision by”, substitute “If an application for the review of a negative preliminary 
decision is not rejected under section 269ZZQA, the Review Panel must make a decision on the application by”. 
89  Subsections 269ZZU(2) and (3) 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
90  Subsection 269ZZU(4) 
Omit “Review Officer’s”, substitute “Review Panel’s”. 
91  Subsection 269ZZUA(1) 
Omit “T he  R e vie w Off ic e r mus t make  a d e c is ion on an ap p lic ation for the  re vie w of a re je c tion 
decision by”, substitute “If an application for th e review of a rejection decision is not rejected 
under section 269ZZQA, the Review Panel must make a decision on the application by”. 
92  Subsections 269ZZUA(2), (3), (4) and (5) 
Omit “Review Officer”, substitute “Review Panel”. 
93  Subsection 269ZZUA(6) 
Omit “Review Officer’s”, substitute “Review Panel’s”. 
94  Section 269ZZV (heading) 
Repeal the heading, substitute: 
269ZZV  Effect of Review Panel’s decision 
95  Section 269ZZV 
Omit “Review Officer’s”, substitute “Review Panel’s”. 
96  Paragraph 269ZZV(b) 
Omit “Review Officer”, substitute “Review Panel”. 
97  Section 269ZZX (heading) 
Repeal the heading, substitute: 
269ZZX  Public record maintained by Review Panel 
98  Subsection 269ZZX(1) 
Omit “Review Officer” (first occurring), substitute “Review Panel”. 
99  Subparagraph 269ZZX(1)(a)(ii) 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. 
100  Subparagraph 269ZZX(1)(a)(iii) 
Omit “from interested parties concerning the applic ation that were received by the Review Officer 
under section 269ZZI”, substitute “received under section 269ZZJ within the period of 30 days 
referred to in that section”. 
101  Subsection 269ZZX(2) 
Omit “Review Officer”, substitute “Review Panel”. 
102  Subsection 269ZZY(1) 
Omit “Review Officer” (wherever occurring), substitute “Review Panel”. G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 17 - 
 
  103  Subsection 269ZZY(2) (note) 
Omit “sections 269ZZG and 269ZZQ and subsection 269ZZJ(5)”, substitute “sections 269ZZH and 
269ZZR and subsection 269ZZK(5)”. 
104  After Part XVB 
Insert: 
Part XVC—International Trade Remedies Forum 
   
269ZZYA  Simplified outline 
The following is a simplified outline of this Part: 
• This Part establishes the International Trade Remedies Forum. 
• The Forum is to advise the Minister on the an ti-dumping provisions in Part XVB and in the Customs 
Tariff (Anti-Dumping) Act 1975 . 
269ZZYB  Establishment of International Trade Remedies Forum 
The International Trade Remedies Forum is established by this section. 
269ZZYC  Functions of the Forum 
The Forum has the following functions: 
 (a) to advise the Minister on the operation of Part XVB and of the Customs Tariff 
(Anti-Dumping) Act 1975 ; 
 (b) to advise the Minister on improvements that could be made to that Part or Act. 
269ZZYD  Membership of the Forum  
(1) The Forum consists of the following members: 
 (a) the CEO; 
 (b) 11 members, each of whom represents one or more of the following groups: 
  (i) Australian producers; 
  (ii) Australian manufacturers; 
  (iii) Australian industry bodies; 
  (iv) Australian importers;  (c) 4 members who represent Australian trade unions; 
 (d) such number of members to represent the Commonwealth as the Minister thinks fit; 
 (e) such other members (if any) as the Minister thinks fit. 
(2) Each of the groups mentioned in paragraph (1 )(b) must be represented by at least one of 
the 11 members referred to in that paragraph. 
269ZZYE  Appointment of Forum members 
(1) Each member of the Forum (except the CEO) is to be appointed by the Minister by written 
instrument. 
(2) Each member of the Forum (except the CEO) holds office on a part-time basis. 
(3) Each member of the Forum (except the CEO) holds office for the period specified in the 
instrument of appointment. The period must not exceed 3 years. 
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 . G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 18 - 
 
  (4) An appointment under this section is not a public office for the purposes of Part II of the 
Remuneration Tribunal Act 1973 . 
269ZZYF  Resignation 
(1) A member of the Forum (except the CEO) 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. 
269ZZYG  Forum meetings 
Number of meetings 
(1) The Forum must meet at least twice each calendar year. 
CEO to convene meetings 
(2) The CEO may convene a meeting at any time. 
Presiding member 
(3) The CEO presides at all meetings at which he or she is present. The CEO may nominate a 
person to attend a meeting in his or her place and, if the CEO does so, that person presides. 
Conduct of meetings 
(4) The Minister may, by writing, determine the procedures to be followed at meetings of the 
Forum, including the number of members who are to constitute a quorum. 
(5) A determination made under subsection (4) is not a legislative instrument. 
105  Application 
(1) The amendments made by items 5, 7 and 20 (to the extent it inserts paragraphs 
269ZHI(1)(a) and (b) of the Customs Act 1901 ) apply in relation to dates of initiation of 
investigations, where those dates are on or after the commencement of those items. 
(2) The amendments made by items 8 and 20 (to the extent it inserts paragraph 269ZHI(1)(c) 
of the Customs Act 1901 ) apply in relation to applications for assessment of duty that are lodged 
on or after the commencement of those items. 
(3) The amendments made by items 13, 14, 15 and 20 (to the extent it inserts paragraphs 
269ZHI(1)(d) and (e) of the Customs Act 1901 ) apply in relation to notices that are published 
under subsection 269ZC(4), (5) or (6) of that Act on or after the commencement of those items. 
(4) The amendments made by items 16, 17, 18 and 20 (to the extent it inserts paragraphs 
269ZHI(1)(f) and (g) of the Customs Act 1901 ) apply in relation to notices that are published 
under subsection 269ZHD(4) of that Act on or after the commencement of those items. 
(5) The amendments made by items 29, 31 (to the extent it inserts section 269ZY of the 
Customs Act 1901 ), 43, 44, 46, 74, 75 and 77 apply in relation to applications for review made on 
or after the commencement of those items. 
(6) The amendments made by items 30, 37, 38, 39, 42, 45, 47, 50, 52, 53, 55, 56, 57, 58, 59, 
61, 62, 63, 65, 66, 68, 69, 70, 71, 72, 73, 76, 78, 80, 83, 88, 91 and 100 apply in relation to 
reviewable decisions made on or after the commencement of those items. G/ADP/N/1/AUS/2/Suppl.9 • G/SCM/N/1/AUS/2/Suppl.7 
 
- 19 - 
 
  106  Transitional—completion of reviews by Review Panel 
Reviews started but not completed 
(1) If, before the commencement of this item, the Review Officer had started to conduct a 
review but had not completed the review by th at commencement, then the following apply: 
 (a) after that commencement, the Senior Member of the Review Panel must give a 
direction under section 269ZYA of the amended Act  constituting the Review Panel for the 
purposes of the review; 
 (b) the Review Panel, as so constituted, mu st complete the review under the amended Act 
and for that purpose: 
 (i) the Review Panel may have regard to any record of the proceedings of the 
review made by the Review Officer before that commencement; and 
 (ii) anything done by, or in relation to, the Review Officer for the purpose of the 
review is taken to have been done by, or in relation to, the Review Panel. 
Reviews not yet started 
(2) If, before the commencement of this item, an application for review had been properly made 
to the Review Officer but the Review Officer ha d not started to conduct the review by that 
commencement, then the following apply: 
 (a) after that commencement, the Review Panel must deal with the application and 
conduct the review under the amended Act as if the application had been properly made 
under the amended Act; 
 (b) for that purpose, anything done by, or in relation to, the Review Officer after the 
making of the application is taken to have been done by, or in relation to, the Review Panel. 
Timing of review 
(3) If: 
 (a) subitem (1) or (2) applies; and 
 (b) before the commencement of this item, the Review Officer gave public notification of 
the review under section 269ZZI of the Customs Act 1901 ; 
then, for the purposes of subparagraph 269ZZK(3)(b)(i) and subsection 269ZZL(1) of the 
amended Act, the day of that notification is taken to be the day this item commences. 
Note: Subitem (3) deals with when the Review Panel must complete the review. 
Definition 
(4) In this item: 
amended Act means the Customs Act 1901  as amended by this Act. 
107  Transitional—things done by, or  in relation to, Review Officer 
(1) If, before the commencement of this item, a thing was done by, or in relation to, the Review 
Officer, then, for the purposes of the operation of the Customs Act 1901  on and after that 
commencement, the thing is taken to have been done by, or in relation to, the Review Panel. 
(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. 
 
 
__________