Explanatory Memorandum
(Circulated by authority of the Assistant Minister for Industry, Innovation and Science, the Honourable Craig Laundy, MP)Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Customs Amendment (Anti-Dumping Measures) Bill 2017
The Customs Amendment (Anti-Dumping Measures) Bill 2017 (the Bill) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Bill provides greater certainty in the determination of export prices for exporters to Australia (Exporters), in reviews of anti-dumping measures. The Bill facilitates the use of appropriate methodologies to determine an export price during a review of measures for those Exporters who have not exported goods, or exported low volumes of goods such that the export price cannot be reliably determined, during the period examined for the purpose of the review.
The objective of the Bill is allow specific information to be used to determine an export price and limit the ability of Exporters to subvert the anti-dumping framework and benefit from inappropriately reduced rates of duty that do not remedy the injurious effects of dumping. This is in line with the intent of reviews of anti-dumping measures under Division 5 of the Customs Act, which is to ensure that the rate of duty in force is an accurate reflection of the level of duty necessary to combat the identified dumping or subsidy.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.