WORLD TRADE  
ORGANIZATION   
G/ADP/N/1/AUS/2/Suppl.4 
10 November 2011 
 (11-5783) 
Committee on Anti-Dumping Practices 
  Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 18.5 OF THE AGREEMENT 
 
AUSTRALIA 
 
Supplement 
   The following communication, dated 27 October 2011, is being circulated at the request of 
the Delegation of Australia. 
 
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  Pursuant to Article 18.5 of the WTO Agre ement on Implementation of Article VI of 
GATT (1994) (Anti-Dumping Agreement), please find attached the Customs Amendment (Anti-
dumping Improvements) Act 2011. G/ADP/N/1/AUS/2/Suppl.4 
Page 2  
 
   
 
 
Customs Amendment (Anti-dumpi ng Improvements) Act 2011 
 
No. 123, 2011 
 
  
An Act to amend the Customs Act 1901 , and for other purposes 
 
 
 
 
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.4 
 Page 3 
 
 
   
Customs Amendment (Anti-dumpi ng Improvements) Act 2011 
 
No. 123, 2011 
 
__________________________________________________________________________________   
An Act to amend the Customs Act 1901 , and for other purposes 
[Assented to 17 October 2011 ] 
 The Parliament of Australia enacts:  1. Short title 
 This Act may be cited as the Customs Amendment (Anti-dumping Improvements) Act 2011 . 
 
2. Commencement 
 (1) Each provision of this Act specified in column 1 of the table commences, or is taken 
to have commenced, in accord ance 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. 17 October 2011 
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. 24 October 2011 
(see F2011L02104) 
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 an y other item in a Schedule to this Act has effect 
according to its terms. G/ADP/N/1/AUS/2/Suppl.4 
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Schedule 1 — Amendments 
Customs Act 1901 
 
1.   Subsection 269T(1) (definition of Agreement on Agriculture ) 
 
Repeal the definition. 
 
2.   Subsection 269T(1) (paragraph (b) of the definition of interested party ) 
 
After "person", insert "or body". 
 
3. Subsection 269T(1) (at the end of the definition of interested party ) 
 
Add:  
 ; and  (g) a trade union representing one or  more persons employed in the Australian 
industry producing, or likely to produce, like goods; and 
   (h) a person who uses the goods the subject  of the application, or like goods, in the 
production or manufacture of other goods in Australia. 
 
4.   Subsection 269TAAC(1) 
 
Repeal the subsection, substitute: 
 
 (1) For the purposes of this Part, a subsidy is a countervailable subsidy  if it is specific. 
 
5. Subsection 269TAAC(6) 
 
Repeal the subsection.  
6. Paragraphs 269TAE(1)(g) and (2)(g)  
Omit "the effect", substitute "any effect". 
 
7. After paragraph 269TAE(3)(h) 
 
Insert: 
 
 (ha) the terms and conditions of employment  (including the number of hours worked) of 
persons employed in the industry in re lation to the production or manufacture of 
goods of that kind, or like goods; and 
 
8. After section 269TL 
 
Insert: 
 269TLA  Time limit for Minister to make certain decisions   G/ADP/N/1/AUS/2/Suppl.4 
 Page 5 
 
 
   (1) This section applies if the Minist er receives a recommendation from the CEO 
concerning the imposition of dumping duty, third country dumping duty, countervailing duty or third count ry countervailing duty on goods. 
  (2) The Minister must decide whether or not to publish a dumping duty notice or a 
countervailing duty notice, or both a dump ing duty notice and a countervailing duty 
notice, in respect of the goods within: 
   (a) 30 days after receiving the recommendation; or  
   (b) if the Minister considers there are special circumstances that prevent the 
decision being made within that peri od—such longer period as the Minister 
considers appropriate. 
  (3) If paragraph (2)(b) applies, the Minister must give public notice of the longer period. 
 
 (4) Subsection (2) does not apply if:    (a) the Minister defers the decisi on under subsection 269TG(4), 269TJ(3) or 
269TJA(3); or 
 
  (b) subsection 269TN(4A) applies in relation to the decision; or 
 
(c) the application to which the recommend ation relates is withdrawn before the 
Minister makes the decision. 
 
9.   Subsection 269Y(1)  
After "practicable", insert ", but no later than 30 days,". 
 
10. After subsection 269ZDB(1) 
 
Insert: 
 
 (1A) The Minister must make a declaration under subsection (1) within:    (a) 30 days after receiving the report; or 
 
  (b) if the Minister considers there are special circumstances that prevent the 
declaration being made within that period—such longer period as the Minister considers appropriate. 
  (1B) If paragraph (1A)(b) applies, the Mini ster must give public notice of the longer 
period. 
 
11.   After subsection 269ZG(3) 
 
Insert:  
 (3A) The Minister must make a declaration under subsection (3) within:    (a) 30 days after receiving the report; or  G/ADP/N/1/AUS/2/Suppl.4 
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    (b) if the Minister considers there are special circumstances that prevent the 
declaration being made within that period—such longer period as the Minister considers appropriate. 
  (3B) If paragraph (3A)(b) applies, the Mini ster must give public notice of the longer 
period. 
 
12. After subsection 269ZHG(1) 
 
Insert:  
 (1A) If the Minister receives the report less than  30 days before the specified expiry day, 
the Minister must make the declaration before that day. 
  (1B) If subsection (1A) does not apply, the Minister must make the declaration within: 
 
  (a) 30 days after receiving the report; or    (b) if the Minister considers there are special circumstances that prevent the 
declaration being made within that pe riod—such longer period, ending before 
the specified expiry day, as the Minister considers appropriate. 
 
 (1C) If paragraph (1B)(b) applies, the Mini ster must give public notice of the longer 
period. 
 
13. After subsection 269ZZL(2) 
 
Insert: 
 
 (2A) The Minister must do the things th at the Minister is required to do under 
subsection (1) or (2) within: 
 
  (a) 30 days after receiving the recommendation; or 
   (b) if the Minister considers there are special circumstances that prevent the 
doing of those things within that pe riod—such longer period as the Minister 
considers appropriate. 
 
 (2B) If paragraph (2A)(b) applies, the Mini ster must give public notice of the longer 
period. 
 
14. After subsection 269ZZM(1) 
 
Insert: 
 
 (1A) The Minister must make a decision under subsection (1) within:    (a) 30 days after receiving the report; or 
 
  (b) if the Minister considers there are special circumstances that prevent the 
decision being made within that peri od—such longer period as the Minister 
considers appropriate. 
  G/ADP/N/1/AUS/2/Suppl.4 
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   (1B) If paragraph (1A)(b) applies, the Mini ster must give public notice of the longer 
period. 
 
15. Application of amendments 
 
(1) The amendments made by items 2, 3, 6 and 7 of this Schedule apply in relation to an 
application lodged on or after th e day on which this item commences. 
 (2) The amendments made by items 8 to 14  of this Schedule apply in relation to a 
recommendation or report received by the Minister on or after the day on which this item 
commences. 
  
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