Explanatory Memorandum
Minister for Home Affairs, the Honourable Jason Clare MPD. Schedule 4-Other amendments
Item 1 - Subsection 269T(1) (definition of interested party)
124. This item repeals and amends the definition of interested party in subsection 269T(1). Currently this definition only applies in relation to applications made to the CEO under section 269TB, that is, to original investigations. The definition is amended so that it is also applicable to applications and requests made in relation to a review of anti-dumping measures (Division 5) and continuation inquiries (Division 6A).
Item 2 & 3 - Paragraphs 269TAE(2C)(c) & 269TAE(2C)(d)
125. This item amends paragraphs 269TAE(2C)(c) and (d) to clarify that these provisions only operate in relation to determinations made in connection with dumping duties and not countervailing duties.
Item 4 & 5 - Subsection 269TDA(13) (heading) & Paragraph 269TDA(13)(b)
126. These items amend subsection 269TDA(13) to ensure that there is a consistent approach to termination where there is negligible injury. This amendment reflects the amendments made in item 11 and 12 of Schedule 1 to subsection 269TDA(14) (CEO must terminate investigation if subsidisation causes negligible injury) but applies it in the instance of a dumping investigation.
127. Item 5 amends subsection 269TDA(13) to ensure that the CEO can terminate an investigation where it is found that the injury if any, to an Australian industry or an industry in a third country has been, or may be, caused by the dumping is negligible without having to find that dumping has taken place.
128. A literal interpretation of the current subsection 269TDA(13) requires a determination that there has been dumping before the CEO may terminate an investigation because injury to Australian industry is negligible. This is inconsistent to the requirements of Article 5.8 of the ADA to terminate where 'there is not sufficient evidence of either dumping or injury'.
Item 6 & 7- Paragraph 269ZJ(5)(a) & Paragraph 269ZJ(6)(a)
129. This item amends the Customs Act to correct a minor errors in referencing in paragraphs 269ZJ(5)(a) and (6)(a). These amendments ensures that the CEO may disregard information supplied to the CEO, as per the current conditions in subsections 269ZJ(5) and (6), in relation to applications for continuation inquiries.
Item 8 - Subsection 269ZZK(6) (paragraph (c) of the definition of relevant information)
130. This item amends the Customs Act to amend an error in paragraph 269ZZK(6)(c) to ensure that the definition of 'relevant information' takes into account a request by the Minister to the CEO to initiate a review under Division 5.
Item 9 - Application provisions
131. This item applies the amendments made by items 4 and 5, to allow for the termination of investigation where there is no injury to investigations that are initiated on or after the commencement of those items.
132. This item applies those amendments made by items 6 and 7, which correct errors in paragraphs 269ZJ(5)(a) and (6)(a), to applications for continuation inquiries made on or after the commencement of those items.
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