WORLD TRADE  
ORGANIZATION   
G/ADP/N/1/AUS/2/Suppl.5 
10 November 2011  
 
(11-5782) 
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. 
 
_______________ 
 
  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 Measures) Act 2011 .  
 G/ADP/N/1/AUS/2/Suppl.5 
Page 2  
 
   
  
Customs Amendment (Anti-dumping Measures) Act 2011 
 
No. 124, 2011 
   
An Act to amend the Customs Act 1901 , and for related purposes 
 
  
 
CONTENTS 
 
1.  Short title ................................................................................................................... ................ 3  
2.  Commencement .................................................................................................................. ....... 3 
3.  Schedule(s) ................................................................................................................... .............. 3 
 Schedule 1—Amendment of the Customs Act 1901 ............................................................................ 4  
Customs Act 1901  .............................................................................................................................. ...... 4 
  G/ADP/N/1/AUS/2/Suppl.5 
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Customs Amendment (Anti-Dumping Measures) Act 2011  
No. 124, 2011 
 
 __________________________________________________________________________________   An Act to amend the Customs Act 1901 , and for related 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 Measures) 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 any of 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 F2011L02105) 
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.5 
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Schedule 1—Amendment of the Customs Act 1901 
Customs Act 1901 
 
1. Subsection 269T(1) 
 
Insert: 
 
 revocation declaration , in relation to particular anti-dumping measures, means: 
 
 (a) to the extent that the measures involved the publication of a dumping duty notice or a 
countervailing duty notice—a declaration by th e Minister that the notice is taken to 
be, or to have been, revoked either in relati on to a particular exporter or to exporters 
generally or in relation to a particular kind of goods; or 
 
 (b) to the extent that the measures invol ved the acceptance by the Minister of an 
undertaking under section 269TG or 269TJ—a declaration by the Minister that the person who gave the undertaking is released from it and that the investigation giving 
rise to the undertaking is terminated. 
 
2. Subsection 269T(1) 
 
Insert: 
 
 revocation recommendation , in relation to particular anti-dumping measures, means any of 
the following: 
 
 (a) to the extent that the measures involved the publication of a dumping duty notice or a 
countervailing duty notice—a recommendation by the CEO in a report under section 269ZDA that the notice be taken to be , or to have been, revoked either in 
relation to a particular exporter or to exporte rs generally or in relation to a particular 
kind of goods; 
 
 (b) to the extent that the measures invol ved the acceptance by the Minister of an 
undertaking under section 269TG or 269TJ—a recommendation by the CEO in a report under section 269ZDA that the Minister  indicate to the person who gave the 
undertaking that the person is released from it and that the investigation giving rise to 
the undertaking is terminated. 
 
3. Subsection 269T(1) 
 
Insert: 
 
 revocation review notice , in relation to a review of anti-dumping measures, means any of the 
following: 
  (a) a notice relating to the review that is  published under subsection 269ZC(4), (5) or (6) 
and includes information under paragraph 269ZC(7)(bb); 
 
 (b) a notice relating to the review that is  published under subsection 269ZCC(4) or (7) 
and includes information under paragraph 269ZCC(8)(c). 
  G/ADP/N/1/AUS/2/Suppl.5 
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  4. Subparagraph 269ZA(1)(b)(ii) 
 
Repeal the subparagraph, substitute: 
 
 (ii) the anti-dumping measures are no longer warranted; 
 
5. Subparagraph 269ZA(3)(b)(ii) 
 
Repeal the subparagraph, substitute: 
 
 (ii) the anti-dumping measures are no longer warranted; 
 
6. Subsection 269ZA(5) 
 
Omit "affect", substitute "effect".  
7. Paragraph 269ZB(2)(d) 
 
Repeal the paragraph, substitute: 
 
 (d) if the application is based on circumstan ces that in the applicant’s view indicate that 
the anti-dumping measures are no longer wa rranted—evidence, in accordance with 
the approved form, of the circumstances. 
 
8. Subsections 269ZC(1) and (2) 
 
Repeal the subsections, substitute: 
 
 (1) If an application under subsection 269ZA(1) for review of anti-dumping measures is 
lodged with Customs, the CEO must, with in 20 days after Customs receives the 
application: 
 
  (a) examine the application; and 
   (b) if the CEO is not satisfied, having regard to the application and to any other 
information that the CEO considers relevant, of one or more of the matters referred to in subsection (2)—reject the application and inform the applicant, 
by notice in writing, accordingly. 
  (2) For the purposes of subsection (1), the ma tters to be considered in relation to an 
application are: 
   (a) that the application complies with section 269ZB; and 
 
  (b) that there appear to be reasonable grounds for asserting either, or both, of the 
following: 
   (i) that the variable factors relevant to the taking of anti-dumping 
measures have changed; 
    (ii) that the anti-dumping measures are no longer warranted.  G/ADP/N/1/AUS/2/Suppl.5 
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  9. Paragraph 269ZC(4)(b) 
 
Repeal the paragraph, substitute: 
 
 (b) if the CEO considers that the review applied for should be extended to include any 
additional matter—recommend to the Mini ster that the review be extended 
accordingly. 
 
10. After paragraph 269ZC(7)(b) 
 
Insert: 
 
 (ba) if the review will examine whether the va riable factors relevant to the taking of the 
measures have changed—state that fact; and 
 
 (bb) if the review will examine whether th e measures are no longer warranted—state that 
fact; and 
 
11. After section 269ZC 
 
Insert:  
269ZCA  Application to extend a review of anti-dumping measures to include revocation 
 
  If: 
 
  (a) a notice was published by the CEO under subsection 269ZC(4), (5) or (6); 
and 
   (b) the notice did not state the review  will examine whether the measures are no 
longer warranted (see paragraph 269ZC(7)(bb)); and 
 
  (c) an affected party considers that it can provide evidence that may satisfy the 
CEO that there are reasonable grounds for determining that the anti-dumping measures described in the notice are no longer warranted; 
  the affected party may, by application lodged with Customs, request that the CEO 
consider that evidence. 
 
269ZCB  Content and lodgment of application to extend a review of anti-dumping 
measures to include revocation  
 (1) An application under section 269ZCA must:  
  (a) be lodged within 40 days of the publication of the relevant notice under 
subsection 269ZC(4), (5) or (6); and 
   (b) be in writing; and 
 
  (c) be in an approved form; and    (d) contain such information as the form requires; and   G/ADP/N/1/AUS/2/Suppl.5 
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    (e) be signed in the manner indicated by the form. 
  (2) Without otherwise limiting the matters that can be required by the approved form to 
be included, the application must include evidence of the circum stances that in the 
applicant’s view indicate that the anti-dumping measures are no longer warranted. 
 
 (3) An application may be lodged with Customs:    (a) by leaving it at a place allocated  for lodgment of such applications at 
Customs House in Canberra; or 
 
  (b) by posting it by prepaid post to a postal address specified in the approved 
form; or 
   (c) by sending it by fax to a fax number specified in the approved form; 
 
 and the application is taken to have been lodged when the application, or a fax of the 
application, is first received by an officer of Customs doing duty in relation to applications for review of anti-dumping measures. 
  (4) The day on which the application is taken to have been lodged must be recorded on 
the application. 
 
269ZCC  Consideration of applications a nd requests for extensions of reviews 
 
 (1) If an application under section 269ZCA is lodged with Customs, the CEO must, 
within 20 days after Customs receives the application: 
   (a) examine the application; and    (b) if the CEO is not satisfied, having regard to the application and to any other 
information that the CEO considers relevant, of one or more of the matters 
referred to in subsection (2)—reject the application and inform the applicant, 
by notice in writing, accordingly. 
  (2) For the purposes of subsection (1), the ma tters to be considered in relation to an 
application are: 
 
  (a) that the application complies with section 269ZCB; and    (b) that the CEO is satisfied that th ere appear to be reasonable grounds for 
recommending that the anti-dumping measures are no longer warranted. 
 
 (3) The notice informing the applicant of the rejection of the application must set out the 
reasons why the CEO was not satisfied of one or more of the matters set out in 
subsection (2). 
  (4) If the CEO decides not to reject an a pplication, the CEO must publish a notice in a 
newspaper circulating in each State, in th e Australian Capital Territory and in the 
Northern Territory. 
  (5) If the CEO considers (either as a result of  an application under section 269ZCA or on 
the CEO’s own initiative) that the review applied for should be extended to include G/ADP/N/1/AUS/2/Suppl.5 
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  any additional matter, the CEO may, within 40 days after the publication of the notice 
under subsection 269ZC(4), (5) or (6) re lating to the review, recommend to the 
Minister that the review be extended accordingly. 
  (6) If: 
 
  (a) anti-dumping measures have b een taken in respect of goods; and 
   (b) an application under subsection 269ZA(1) for review of anti-dumping 
measures has been made; and 
 
  (c) the Minister considers (either as a result of a recommendation from the CEO 
under subsection (5) of this section or on the Minister’s own initiative) that there appear to be reasonable grounds to extend the review applied for to include any additional matter; 
 
 the Minister may, within 60 days of the publication of the relevant notice under 
subsection 269ZC(4), (5) or (6), by notice in writing, request that the CEO extend the review applied for accordingly. 
  (7) If the CEO is requested under this secti on by the Minister to extend a review of 
anti-dumping measures, the CEO must, on receipt of that request, publish a notice in 
a newspaper circulating in each State, in the Australian Capital Territory and in the 
Northern Territory indicating that it is proposed to so extend the review. 
  (8) The notice published by the CEO under subsection (4) or (7) must: 
 
  (a) describe the kind of goods to whic h the relevant review of anti-dumping 
measures relates; and 
   (b) describe the measures to which the review relates; and  
(c) if the CEO is satisfied that there may be reasonable grounds for the CEO 
making a revocation recommendation—state that fact; and 
 
  (d) invite affected parties to lodge  with the CEO submissions concerning the 
extended review. 
 
12. At the end of paragraph 269ZD(2)(a) 
 
Add: 
 
 (iii) any other submission received by Customs relating generally to the review if, in the 
CEO’s opinion, having regard to the submission would not prevent the timely 
placement of the statement of essential facts on the public record; and 
 
13. After subsection 269ZDA(1) 
 
Insert: 
 
 (1A) After conducting a review of anti-dumping measures under this Division, the CEO:   G/ADP/N/1/AUS/2/Suppl.5 
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    (a) must not make a revocation recommendation in relation to the measures 
unless a revocation review notice has been published in relation to the review; and 
 
(b) otherwise must make a revocation recommendation in relation to the 
measures, unless the CEO is satisfied as a result of the review that revoking 
the measures would lead, or be likely to lead, to a continuation of, or a recurrence of, the dumping or subsidisati on and the material injury that the 
measures are intended to prevent. 
 14. After subparagraph 269ZDA(3)(a)(i)  
Insert: 
 
 (ia) any application to extend th e review that was not rejected; and 
 
 (ib) any request to extend the review; and  
15. After subsection 269ZDB(1) 
 
Insert:  
 (1A) The Minister must not make a revocation declaration in relation to anti-dumping 
measures unless a revocation review notice has been published in relation to the relevant review of those measures. 
 16. Application  
The amendments made by this Schedule apply in relation to applications lodged, and reviews 
initiated, on or after the day on which this item commences.   
 
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