House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Home Affairs, the Honourable Brendan O'Connor MP)

CUSTOMS AMENDMENT (ANTI-DUMPING MEASURES) BILL 2011

OUTLINE

1. The purpose of this Bill is to amend Division 5 of Part XVB of the Customs Act 1901 (the Customs Act) to:

a)

introduce procedural requirements in order for the Chief Executive Officer of Customs (the CEO) to recommend, and for the Minister to declare, that anti-dumping measures be revoked at the conclusion of a review; and

b)

insert a legislative test outlining when the CEO may recommend that the Minister revoke anti-dumping measures.

FINANCIAL IMPACT STATEMENT

2. The Bill has no financial impact.

NOTES ON CLAUSES

Clause 1 - Short title

3. This clause provides for the Bill, when enacted, to be cited as the Customs Amendment (Anti-dumping Measures) Act 2011 .

Clause 2 - Commencement

4. Subclause (1) provides that each provision of this Act specified in column 1 of the table in that subclause commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. This subclause also provides that any other statement in column 2 of the table has effect according to its terms.

5. Item 1 of the table provides that sections 1 to 3 and anything in this Act not elsewhere covered by the table will commence on the day on which the Act receives the Royal Assent.

6. Item 2 of the table provides that Schedule 1 commences on a day to be fixed by Proclamation, and if any of the provisions do not commence within 6 months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period.

Clause 3 - Schedule

7. This clause is the formal enabling provision for the Schedule to the Bill, providing that each Act specified in a Schedule is amended in accordance with the applicable items of the Schedule. In this Bill, the Customs Act is being amended.

8. The clause also provides that the other items of the Schedules have effect according to their terms. This is a standard enabling clause for transitional, savings and application items in amending legislation.