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Customs Legislation (Tariff Concessions and
 Anti-Dumping) Amendment Act 1992

No. 89 of 1992

An Act to amend the Customs Act 1901, the Anti-Dumping Authority Act 1988, and for related purposes

[Assented to 30 June 1992]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Customs Legislation (Tariff Concessions and Anti-Dumping) Amendment Act 1992.

Commencement

2.(1) This Part and sections 3, 9, 11 and 22 commence on the day on which this Act receives the Royal Assent.

(2) Sections 4 to 8 (inclusive), 10 and 12 to 21 (inclusive), commence on a day or days to be fixed by Proclamation.

(3)        Section 23 is to be taken to have commenced on 1 January 1988.

(4)        If the commencement of a provision referred to in subsection (2) is not fixed by Proclamation published in the Gazette within the period of 6 months beginning on the day on which this Act receives the Royal Assent, that provision commences on the first day after the end of that period.

PART 2—AMENDMENTS OF THE ANTI-DUMPING AUTHORITY ACT 1988

Principal Act

3. In this Part, "Principal Act" means the Anti-Dumping Authority Act 19881.

Interpretation

4. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definition:

" 'approved form' means a form approved under section 3AA;".

Insertion of new section

5. After section 3 of the Principal Act the following section is inserted:

Approved forms

"3AA.(1) In this Act, a reference to an approved form is a reference to a form that is approved, by instrument in writing, by the member.

"(2) The instrument by which a form is approved under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.".

Functions

  6. Section 5 of the Principal Act is amended:

   (a)     by omitting from paragraph (c) "and" (last occurring);

   (b)    by inserting after paragraph (c) the following paragraph:

           "(ca) to recommend to the Minister under section 8A whether an anti-dumping measure within the meaning of that section should be continued; and".

Insertion of new section

7. After section 8 of the Principal Act the following section is inserted:

Authority may make recommendations of continuation of dumping duty notices etc.

"8A.(1) Not later than 8 months before an anti-dumping measure expires, the Authority must publish in the Gazette and in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory, a notice:

    (a)     informing that the dumping duty notice, countervailing duty notice or undertaking is due to expire on a specified day (the 'specified expiry day'); and

    (b)     inviting interested parties to apply to the Authority in accordance with