Footnotes

Chapter 1 - Introduction and background

[1]        House of Representatives, Votes and Proceedings, No. 99, 26 February 2015, p. 1143.

[2]        Journals of the Senate, No. 85, 18 March 2015, p. 2316.

[3]        Anti-Dumping Commission, Australia's Anti-Dumping and Countervailing (anti-subsidy) System, Fact sheet, November 2013, p. 1.

[4]        Anti-Dumping Commission, What is Dumping?, http://www.adcommission.gov.au/system/default.asp, (accessed 25 March 2014).

[5]        Productivity Commission, Australia's Anti-dumping and Countervailing System, Inquiry report, No. 48, 18 December 2009, p. IV;

[6]        A subsidy is any financial assistance (or income or price support) by a government that benefits, either directly or indirectly, an exporter of the goods to Australia. If the subsidy causes, or threatens to cause, material injury to an Australian industry, remedial action may be taken, Anti-Dumping Commission, What is a subsidy?, http://www.adcommission.gov.au/system/what-is-a-subsidy.asp, (accessed 25 March 2015).

[7]        Productivity Commission, Australia's Anti-dumping and Countervailing System, Inquiry report, No. 48, 18 December 2009, pp XI –XII; Anti-Dumping Commission, Australia's Anti-Dumping and Countervailing (anti-subsidy) System, Fact sheet, November 2013, p. 1.

[8]        Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (‘the Anti-Dumping Agreement’) and the Agreement on subsidies and countervailing measures, contained in Annex 1A of the Marrakesh Agreement establishing the World Trade Organisation, opened for signature 15 April 1994, ATS [1995] No. 8 (entered into force 1 January 1995).  

[9]        The Hon John Brumby, Review into Anti-Dumping Arrangements, November 2012, p. 4.

[10]      Productivity Commission, Australia's Anti-dumping and Countervailing System, Inquiry report, No. 48, 18 December 2009, p. 169.

[11]      The organisation's name was subsequently changed to the Australian Customs and Border Protection Service, in 1998.

[12]      The Hon John Brumby, Review into Anti-Dumping Arrangements, November 2012, p. 17.

[13]      The Hon John Brumby, Review into Anti-Dumping Arrangements, November 2012, p. 17; John Carroll, Australian Anti-dumping and Countervailing Measures, Lex Mundi Asian Pacific Conference, May 2000, p. 3.

[14]      Productivity Commission, Australia's Anti-dumping and Countervailing System, Inquiry report, No. 48, 18 December 2009, p. X.

[15]      [2010] FCAFC 86.

[16]      Senate Economics Legislation Committee, Customs Amendment (Anti-dumping Measures) Bill 2011 [Provisions], June 2011, p. 2.

[17]      Australian Customs and Border Protection Service, Streamlining Australia's anti-dumping system, June 2011, p. 3.

[18]      The Hon John Brumby, Review into Anti-Dumping Arrangements, November 2012, p. 5.

[19]      The Hon John Brumby, Review into Anti-Dumping Arrangements, November 2012, p. 8.

[20]      The Hon John Brumby, Review into Anti-Dumping Arrangements, November 2012, pp 11–12.

[21]      Australian Customs and Border Protection Service, Annual Report 2012–13, p. 24.

[22]      Anti-Dumping Commission, The Anti-Dumping Commission, http://www.adcommission.gov.au/aboutus/default.asp, (accessed 25 March 2015).

[23]      Anti-Dumping Review Panel, http://www.adreviewpanel.gov.au/Pages/default.aspx, (accessed 25 March 2015).

[24]      Anti-Dumping Review Panel, About the ADRP, http://www.adreviewpanel.gov.au/About/Pages/default.aspx, (accessed 25 March 2015).

[25]      Department of Industry, Submission 2, Inquiry into Australia's Anti-Circumvention Framework in Relation to Anti-Dumping Measures, p. 4.

[26]      House of Representatives Standing Committee on Agriculture and Industry, https://www.aph.gov.au/Parliamentary_Business/Committees/House/Agriculture_and_Industry/Anti-Dumping, (accessed 25 March 2015).

[27]      The Hon Ian Macfarlane MP, Minister for Industry and Bob Baldwin MP, Parliamentary Secretary, Joint media release, Levelling the playing field for Australian Manufacturers and producers, 15 December 2014, http://minister.industry.gov.au/ministers/baldwin/media-releases/levelling-playing-field-australian-manufacturers-and-producers, (accessed 25 March 2015).

[28]      Department of Industry, Levelling the playing field – changes to Australia's Anti-dumping laws, http://www.industry.gov.au/industry/IndustryInitiatives/TradePolicies/Pages/Levelling-the-playing-field-changes-to-Australia%E2%80%99s-Anti-dumping-laws.aspx, (accessed 8 May 2015).

[29]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 2.

[30]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 2.

[31]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 43.

[32]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 31.

[33]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 33.

[34]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 42.

[35]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 11.

[36]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, pp 13–18.

[37]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 19.

[38]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 20.

[39]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 22.

[40]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 23.

[41]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 24.

[42]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 25.

[43]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 26.

[44]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 28.

[45]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 29.

[46]      Explanatory Memorandum, Customs Tariff (Anti-Dumping) Amendment Bill 2015, p. 2.

Chapter 2 - Issues

[1]        Department of Industry and Science, Submission 7, pp 20–23.

[2]        Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 6.

[3]        Australian Industry Group, Submission 1, p. 1.

[4]        Australian Chicken Growers' Council Limited, Submission 3, p. 2.

[5]        Food & Beverage Importers Association, Submission 4, pp 3–4.

[6]        Food & Beverage Importers Association, Submission 4, pp 2–3.

[7]        The Australian Manufacturing Workers Union, The Australian Workers Union and the Construction, Forestry Mining and Energy Union, Joint Submission, Submission 11, p. 2.

[8]        National Farmers Federation, Submission 10, p. 4.

[9]        Mr Bernard Lee, Manufacturers Trade Alliance and Manager, Industry and Government Affairs, Nufarm Limited, Committee Hansard, p. 10.

[10]      Mr Dale Seymour, Anti-Dumping Commissioner, Anti-Dumping Commission, Committee Hansard, 4 May 2015, p. 22

[11]      Department of Industry and Science, Submission 7, p. 8.

[12]      Department of Industry and Science, Submission 7, p. 8.

[13]      AUSVEG, Submission 2, p. 5.

[14]      AUSVEG, Submission 2, p. 5.

[15]      Mr Dale Seymour, Anti-Dumping Commissioner, Anti-Dumping Commission, Committee Hansard, 4 May 2015, p. 23.

[16]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 31.

[17]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 31.

[18]      Food & Beverage Importers Association, Submission 4, p. 5.

[19]      Australian Chicken Growers' Council Limited, Submission 3, p. 2.

[20]      The Hon Lily D'Ambrosio MP, Minister for Industry in the Victorian government, Submission 6, p. 2.

[21]      Food & Beverage Importers Association, Submission 4, p. 5.

[22]      Mr Matt Condon, Representative of Arrium, Manufacturers Trade Alliance, Committee Hansard, 4 May 2015, p. 11.

[23]      Manufacturers Trade Alliance, Submission 5, p. 3.

[24]      Mr Paul Trottman, General Manager, Trade & International Branch, Department of Industry and Science, Committee Hansard, 4 May 2015, p. 20.

[25]      Mr Paul Trottman, General Manager, Trade & International Branch, Department of Industry and Science, Committee Hansard, 4 May 2015, p. 16.

[26]      Department of Industry and Science, Submission 7, p. 8.

[27]      Department of Industry and Science, Submission 7, p. 8.

[28]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 33.

[29]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 33.

[30]      Australian Steel Association Inc., Submission 9, pp 2–3.

[31]      Food & Beverage Importers Association, Submission 4, p. 4.

[32]      Manufacturers Trade Alliance, Submission 5, p. 3.

[33]      Mr Bernard Lee, Manufacturers Trade Alliance and Manager, Industry and Government Affairs, Nufarm Limited, Committee Hansard, pp 10–12.

[34]      Manufacturers Trade Alliance, Submission 5, p. 2.

[35]      AUSVEG, Submission 2, p. 2.

[36]      Department of Industry and Science, Submission 7, p. 10.

[37]      Department of Industry and Science, Submission 7, p. 10.

[38]      Department of Industry and Science, Submission 7, p. 9.

[39]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 42.

[40]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 42.

[41]      Manufacturers Trade Alliance, Submission 5, p. 4.

[42]      Department of Industry and Science, Submission 7, p. 8.

[43]      Anti-Dumping Commission, International Trade Remedies Forum, http://www.adcommission.gov.au/aboutus/ITRF.asp, (accessed 26 March 2015).

[44]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 43; Anti-Dumping Commission, Members of the ITRF, http://www.adcommission.gov.au/aboutus/MembersoftheITRF.asp, (accessed 26 March 2015).

[45]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 43.

[46]      The Australian Manufacturing Workers Unions, The Australian Workers Union and the Construction, Forestry Mining and Energy Union, Joint Submission, Submission 11, pp 2–3.

[47]      Mr Misha Zelinksy, Executive Officer/National Vice President, The Australian Workers' Union, Committee Hansard, 4 May 2015, p. 5.

[48]      The Hon Lily D'Ambrosio MP, Minister for Industry in the Victorian government, Submission 6, p. 2.

[49]      Food & Beverage Importers Association, Submission 4, pp 5–6.

[50]      Australian Industry Group, Submission 1, p. 1.

[51]      Australian Steel Association, Submission 9, p. 3.

[52]      Mr Bernard Lee, Manufacturers Trade Alliance and Manager, Industry and Government Affairs, Nufarm Limited, Committee Hansard, p. 11.

[53]      Australian Forest Products Association, Submission 8, p. 2.

[54]      Department of Industry and Science, Submission 7, p. 11.

[55]      National Farmers Federation, Submission 10, p. 3.

[56]      Department of Industry and Science, Submission 7, pp 11, 12.

[57]      The Australian Manufacturing Workers Union, The Australian Workers Union and the Construction, Forestry Mining and Energy Union, Joint Submission, Submission 11, p. 22.

[58]      Mr Paul Trottman, General Manager, Trade & International Branch, Department of Industry and Science, Committee Hansard, 4 May 2015, p. 19.

[59]      Mr Dale Seymour, Anti-Dumping Commissioner, Anti-Dumping Commission, Committee Hansard, 4 May 2015, p. 26.

[60]      Mr Dale Seymour, Anti-Dumping Commissioner, Anti-Dumping Commission, Committee Hansard, 4 May 2015, p. 26.

[61]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 11.

[62]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 11.

[63]      Australian Forest Products Association, Submission 8, p. 2.

[64]      AUSVEG, Submission 2, p. 2.

[65]      Manufacturers Trade Alliance, Submission 5, p. 2; Manufacturers Trade Alliance, Supplementary Submission to Submission 5, p. 2.

[66]      Mr Bernard Lee, Manufacturers Trade Alliance and Manager, Industry and Government Affairs, Nufarm Limited, Committee Hansard, p. 9.

[67]      Department of Industry and Science, Submission 7, p. 17.

[68]      Department of Industry and Science, Submission 7, p. 13.

[69]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, pp 13–18.

[70]      Australian Forest Products Association, Submission 8, p. 2; Manufacturers Trade Alliance, Submission 5, p. 2; Australian Steel Association Inc., Submission 9, p. 1.

[71]      AUSVEG, Submission 2, pp 2–3.

[72]      Department of Industry and Science, Submission 7, p. 17.

[73]      Department of Industry and Science, Submission 7, p. 17.

[74]      Department of Industry and Science, Submission 7, pp 19–23.

[75]      Department of Industry and Science, Submission 7, p. 19.

[76]      Australian Industry Group, Submission 1, p. 1.

[77]      Mr Dale Seymour, Anti-Dumping Commissioner, Anti-Dumping Commission, Committee Hansard, 4 May 2015, p. 27.

[78]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 19.

[79]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 23.

[80]      Construction, Forestry, Mining and Energy Union, Answers to questions on notice, taken 4 May 2015, received 5 May 2015.

[81]      Australian Forest Products Association, Submission 8, p. 2.

[82]      AUSVEG, Submission 2, p. 4.

[83]      Australian Chicken Growers' Council Limited, Submission 3, p. 2.

[84]      AUSVEG, Submission 2, p. 4.

[85]      Department of Industry and Science, Submission 7, p. 19.

[86]      Department of Industry and Science, Submission 7, p. 19.

[87]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 20.

[88]      Department of Industry and Science, Submission 7, p. 19–20.

[89]      Australian Forest Products Association, Submission 8, p. 2.

[90]      Department of Industry and Science, Submission 7, p. 3.

[91]      Department of Industry and Science, Submission 7, p. 20.

[92]      Explanatory Memorandum, Customs Amendment (Anti-dumping Measures) Bill (No. 1) 2015, p. 22.

[93]      Manufacturers Trade Alliance, Submission 5, p. 2; Australian Forest Products Association, Submission 8, p. 2.

[94]      The Australian Manufacturing Workers Union, The Australian Workers Union and the Construction, Forestry Mining and Energy Union, Joint Submission, Submission 11, p. 51.

[95]      Manufacturers Trade Alliance, Answers to questions on notice, taken 4 May 2015, received 5 May 2015.

[96]      Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 24.

[97]      Department of Industry and Science, Submission 7, p. 21.

[98]      Mr Travis Wacey, National Policy Research Officer; Forestry, Building Products and Manufacturing Division; Construction, Forestry, Mining and Energy Union, Committee Hansard, 4 May 2014, pp 3–4.

[99]      Construction, Forestry Mining and Energy Union, Answers to questions on notice, taken 4 May 2015, received 5 May 2015.

[100]    Manufacturers Trade Alliance, Answers to questions on notice, taken 4 May 2015, received 5 May 2015.

[101]    Mr Julian Stockwell, Policy Officer, Anti-Dumping Policy Section, Department of Industry and Science, Committee Hansard,  4 may 2015, p. 20.

[102]    Manufacturers Trade Alliance, Supplementary Submission 5, p. 2.

[103]    Department of Industry and Science, Answers to questions of notice, taken on 4 May 2015, received on 5 May 2015.

[104]    Department of Industry and Science, Submission 7, p. 21.

[105]    Manufacturers Trade Alliance, Supplementary submission to Submission 5, p. 2.

[106]    Explanatory Memorandum, Customs Amendment (Anti-Dumping Measures) Bill (No. 1) 2015, p. 29.

[107]    Australian Steel Association Inc., Submission 9, p. 2.

[108]    Construction, Forestry Mining and Energy Union, Answers to questions on notice, taken on 4 May 2015, received on 5 May 2015.

[109]    Mr Bernard Lee, Manufacturers Trade Alliance and Manager, Industry and Government Affairs, Nufarm Limited, Committee Hansard, p. 10.

[110]    Manufacturers Trade Alliance, Submission 5, p. 3; Manufacturers Trade Alliance, Supplementary submission to Submission 5, p. 2.

[111]    AUSVEG, Submission 2, pp 2, 4.

[112]    Department of Industry and Science, Submission 7, p. 23.

[113]    Mr Dale Seymour, Anti-Dumping Commissioner, Anti-Dumping Commission, Committee Hansard, 4 May 2015, p. 25.

Additional Comments by Senator Nick Xenophon

[1]        Coalition media release on anti-dumping, 7 November 2011, available online: http://www.liberal.org.au/latest-news/2011/11/07/anti-dumping-regime-0

[2]        Mr Dale Seymour Anti-Dumping Commissioner, Committee Hansard, 4 May 2015, p. 26.

[3]        Department of Industry and Science, Submission 7, pp 11, 12.