Chapter 1


Chapter 1

Introduction

Referral of the inquiry

1.1        The Customs Amendment (Anti-dumping Measures) Bill 2011 was introduced into the House of Representatives by the Government on 2 March 2011. On 24 March 2011, the Senate referred the provisions of the bill to the Economics Legislation Committee for inquiry and report by 22 June 2011.

Conduct of the inquiry

1.2        The committee advertised the inquiry in The Australian and on its website. A comprehensive list of stakeholders were also identified and invited to make submissions. The committee received seven submissions (listed in Appendix 1).

1.3        Prior to the referral of this bill, the Senate also referred to this committee an inquiry into a private senator's bill, the Customs Amendment (Anti-Dumping) Bill 2011, which was introduced by Senator Xenophon on 2 March 2011. As both bills deal with aspects of Australia's anti-dumping framework, the committee decided to hold a concurrent hearing to examine the bills. A hearing was held on 4 May 2011 in Canberra. The organisations that appeared before the committee are listed in Appendix 2.

1.4        The committee thanks all submitters and witnesses for their participation in the inquiry process.

Overview

1.5        Schedule 1 of the bill amends Division 5 of Part XVB of the Customs Act 1901 to clarify the circumstances in which the minister may revoke anti-dumping measures as a consequence of a review. The bill:

  • introduces a clear process that must be followed 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
  • inserts a legislative test outlining when the CEO may recommend that the Minister revoke anti-dumping measures.

1.6        The bill was introduced following the Full Federal Court's findings in Minister of State for Home Affairs v Siam Polyethylene [2010] FCAFC 86. On introducing the bill, the Minister for Home Affairs, the Hon. Brendan O'Connor MP, stated that this decision would 'lead to outcomes inconsistent with the objects of Australia’s antidumping system', and was problematic because:

First, the case highlighted a lack of clarity in the current review process... Second, the court in its decision formulated a new test for determining whether antidumping measures ought to be revoked. The formulation will likely lead to measures being revoked where they remain warranted.[1]

1.7        The amendments proposed by the bill are separate to the Government's consideration of the Productivity Commission's May 2010 report Australia's Anti-dumping and Countervailing System, which examined the effectiveness and appropriate future role of the anti-dumping system within the Government's overall policy framework. Additionally, this bill should not be confused with the private senator's bill[2] noted earlier in this chapter which considers a broad range of issues related to Australia's anti-dumping framework. The committee is conducting a separate inquiry into that bill, which is due to report on 22 June 2011.

Structure of the report

1.8        This report is comprised of four chapters:

  • Chapter 2 provides an overview of how Australia's anti-dumping and countervailing system is administered. This chapter also discusses Australia's international treaty obligations that relate to anti-dumping measures, and the decision of the Full Federal Court that directly led to this bill being introduced.
  • Chapter 3 outlines the principal views on the bill put forward by submitters and witnesses who participated in this inquiry.
  • The specific provisions of the bill are examined in detail in Chapter 4. The committee's overall assessment of the bill can be found in this chapter.

Navigation: Previous Page | Contents | Next Page