Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p2
Version: federal_register_of_legislation:C2004A04823
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Establishing the World Trade
Organization, and for related purposes

[Assented to 13 December 1994]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Customs Legislation (World Trade Organization Amendments) Act 1994.

Commencement

2.(1) Sections 1, 2 and 3 commence on the day on which this Act receives the Royal Assent.

(2) Parts 2 and 3 of this Act commence on the day on which the World Trade Organization Agreement enters into force for Australia.

(3) For the purposes of subsection (2), the day on which the World Trade Organization Agreement enters into force for Australia is to be taken to be the day declared by the Governor-General, by Proclamation under paragraph 2(5)(b) of the Copyright (World Trade Organization Amendments) Act 1994, to be the day on which the Agreement enters into force for Australia.

Application

  3. This Act applies in respect of:

     (a) applications for publication of notices under subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act 1901; and

     (b) applications for review of interim duty under subsection 269Z(1) of that Act, payable as a result of the publication of notices referred to in paragraph (a), whenever published; and

     (c) applications under subsection 7(3) of the Anti-Dumping Authority Act 1988:

        (i) for revocation of notices under subsection 8(5), 9(5), 10(3B) or 11(4) of the Customs Tariff (Anti-Dumping) Act 1975, whenever published; and

        (ii) for revocation or partial revocation of notices referred to in paragraph (a), whenever published; and

        (iii) for release or partial release from undertakings accepted by the Minister under section 269TG or 269TJ of the Customs Act 1901, whenever accepted; and

     (d) applications under section 8A of the Anti-Dumping Authority Act 1988 for continuation of notices referred to in paragraph (a), whenever published;

that are made on or after the day on which the Agreement Establishing the World Trade Organization enters into force for Australia.

PART 2—AMENDMENTS OF THE CUSTOMS ACT 1901

Principal Act

  4. In this Part, "Principal Act" means the Customs Act 19011.

Right to require security

5. Section 42 of the Principal Act is amended by omitting subsection (1C) and substituting the following subsections:

  "(1C) If:

     (a) an undertaking is given and accepted under subsection 269TG(4) or 269TJ(3) in respect of goods; and

  (b) the undertaking is subsequently breached;

the Customs may require and take securities in respect of any interim duty that may be payable under the Customs Tariff (Anti-Dumping) Act 1975 on the goods or on like goods imported into Australia.

"(1D) The right of the Customs under subsection (1) to require and take a security includes the right to require and take a security