Scott Ludlam (WA, Australian Greens) Share this | Hansard source

The question is that the second reading amendments on sheet 7425 revised, circulated in the names of Senators Xenophon and Madigan, be agreed to:

At the end of the motion, add "and the Senate:

(a) calls on the Government to commission an independent review of:

  (i) the definition of a 'particular market situation' under section 269TAC(2)(ii) of the Customs Act 1901 in order to better define the circumstances under which the situation in the market of the country of export is such that the market is not suitable for use in determining a 'normal value' under subsection 269TAC(1), and the related operation of sub-regulation 1802(b)(ii) of the Customs Regulations 1926;

  (ii) the application process and the current approved form for Application for Dumping and/or countervailing Duties (Form B108) under the Customs Act 1901, with specific reference to:

     (A) the current approach by the European Union,

     (B) the impact on small manufacturers, and

     (C) the burden of proof and establishing 'material harm', and

  (iii) a possible amendment to subsection 269TAB(1)(b) of the Customs Act 1901 to allow a further circumstance in which an export price may be determined by deductive means, where sales by an importer into the Australian market are on unprofitable terms;

(b) calls on the Government to refer these matters to the International Trade Remedies Forum to determine terms of reference for an independent review within 12 months of the commencement of the provisions in the Customs Amendment (Anti-dumping Measures) Bill 2013; and

(c) is of the view that:

  (i) such a review must have regard to matters including:

     (A) breaches of International Labour Organisation rules and/or conditions (such as those relating to underage labour); and

     (B) environmental issues (such as deforestation); and

  (ii) the report should be delivered to the Minister within 6 months of the commencement of the review, to be tabled in both houses by the Minister within 5 sitting days of receipt".

The Senate divided. [20:14]

(The Acting Deputy President—Senator Ludlam)