Customs Amendment (Anti dumping Measures) Act (No. 1) 2015 (42 of 2015)

Schedule 1   Amendments

Part 13   Conduct of review by Review Panel

Customs Act 1901

109   After section 269ZZR

Insert:

269ZZRA Review Panel may hold conferences

(1) The Review Panel may, at any time after receiving an application for a review, hold a conference of such persons or bodies as it considers appropriate for the purpose of obtaining further information in relation to the application or review.

(2) In making a decision on the review, the Review Panel may also have regard to:

(a) that further information to the extent that it relates to the information that was before the Commissioner when the Commissioner made the reviewable decision; and

(b) any conclusions reached at the conference based on the information that was before the Commissioner when the Commissioner made the reviewable decision.

(3) If the Review Panel decides to hold a conference at any time after receiving an application for a review and before beginning to conduct the review:

(a) the Review Panel must invite the applicant to attend the conference; and

(b) if the applicant fails to attend the conference and the Review Panel is not satisfied that the applicant has a reasonable excuse for the failure - the Review Panel may reject the application.

269ZZRB Review Panel may seek further information from the Commissioner

(1) In reviewing a reviewable decision under this Subdivision, the Review Panel may seek further information from the Commissioner in relation to information that was before the Commissioner when the Commissioner made the reviewable decision.

(2) In making a decision on the review, the Review Panel may also have regard to that further information.

269ZZRC Notification of review

Negative prima facie decisions, negative preliminary decisions and rejection decisions

(1) Before the Review Panel begins to conduct a review of a negative prima facie decision, a negative preliminary decision or a rejection decision, the Review Panel must give a notice to the applicant and the Commissioner indicating that the Review Panel proposes to conduct that review.

(2) A notice under subsection (1) must:

(a) describe the goods to which the application relates; and

(b) set out the decision that is sought to be reviewed and the grounds in relation to which the review is to be conducted.

Termination decision

(3) Before the Review Panel begins to conduct a review of a termination decision, the Review Panel must publish a notice on the Review Panel's website indicating that the Review Panel proposes to conduct that review.

(4) A notice under subsection (3) must:

(a) describe the goods to which the application relates; and

(b) set out the decision that is sought to be reviewed and the grounds in relation to which the review is to be conducted.