House debates

Monday, 17 June 2013

Bills

Customs Amendment (Anti-Dumping Commission) Bill 2013; Second Reading

4:16 pm

Photo of Shayne NeumannShayne Neumann (Blair, Australian Labor Party, Parliamentary Secretary for Health and Ageing) Share this | Hansard source

I thank members who have contributed to the debate on the Customs Amendment (Anti-Dumping Measures) Bill 2013 and the Customs Tariff (Anti-Dumping) Amendment Bill 2013. I was going to make a very short speech. It is a bit rich to be lectured by the member for Indi. She is a shadow minister in a political party that wants to take half a billion dollars out of a manufacturing sector that manufactures cars in this country—which, of course, supports 255,000 jobs in her home state of Australia—so it is a bit rich to be lectured by her in relation to manufacturing.

I would like to give a bit of a history lesson in terms of legislative achievement and reform. As the Minister for Home Affairs said when he introduced the bills, this is the sixth tranche of anti-dumping legislation to be introduced into the parliament in the last two years. That is worth noting, and we should consider the reform in these two pieces of legislation in that context. The first tranche, passed by this parliament in November 2011, imposed a time limit on prime ministerial decisions in anti-dumping and countervailing cases. It also clarified that all appropriate and relevant factors which may materially injure an Australian industry are specifically listed as factors to which a minister could have regard in exercising his discretion. It clarified that parties with a clear interest in anti-dumping matters are expressly given an opportunity to participate in anti-dumping investigations. In fact, it enhanced their locus standi.

Tranche 2, which passed the parliament in February last year, established a new appeals process—the review officer panel to replace the existing appeals mechanism established in the legislation—and established the International Trade Remedies Forum in legislation. Tranche 3 made several changes, including removing the limitation to the inclusion of profit when constructing a normal value of a good and removing the need for a separate review of anti-dumping measures and a continuation inquiry when they occurred in close proximity to one another. Tranche 4 better aligned the anti-dumping and countervailing system with the system's WTO counterparts; introduced provisions designed to address the circumvention of trade measures; and strengthened the ability of the anti-dumping system to address parties' non-cooperation during the investigation process. Tranche 5, which passed parliament in March, established the Australian Anti-Dumping Commission. I would like to see what the member for Indi said in relation to that. I am pleased that they have offered their support in relation to those pieces of legislation that have passed.

The sixth tranche of legislation, to which these bills relate, pertains to three key things: removing in certain circumstances the need for the minister to consider the lesser duty rule; clarifying the application of existing retrospective duties provisions; and introducing a new type of anti-circumvention inquiry to address the sales at a loss cases. I do not propose to look in detail at those three measures. They are part of the package of reform. These bills, with the previous five tranches of legislation, are the most significant improvement to Australia's anti-dumping regime in more than a decade. We are doing what the Howard government failed to do when they were in office. We are assisting the manufacturing industry to make sure that trade in this country is both free and fair. Our economy is strong, but some industries and some regions continue to do it tough.

This legislation particularly helps my electorate of Blair where there is a large manufacturing base in Ipswich. Industry, companies and workers are damaged when goods from overseas are dumped on the Australian market. It is unfair and that is why it is important we have a fair and effective anti-dumping regime. These reforms ensure that we better align our laws with the laws and practices of other countries, particularly those in our region.

We believe in fair trade, free trade and open trade. We benefit from access to overseas markets. We are a great trading nation in terms of our goods and services, and imports also benefit our consumers and Australian businesses. The reforms in these bills will help provide certainty and confidence for business, while ensuring that we meet our WTO obligations. I commend the bills to the House.

Question agreed to.

Bill read a second time.

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