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

The question is that amendments (1) to (7) on sheet 7428 circulated by Senators Xenophon and Madigan be agreed to:

(1) Schedule 1, page 13 (after line 19), at the end of the bill, add:

1 After paragraph 269TAB(1)(a)

  Insert:

  (b) in circumstances where the sale by the importer of the goods into the Australian market is on less than profitable terms.

(2) Schedule 1, page 13 (after line 19), at the end of the bill, add:

2 At the end of Division 1 of Part XVB

  Add:

269TBAB Reporting information about imports into Australia

(1) The Commissioner must:

  (a) establish a publicly available free website; and

  (b) publish on the website, and keep updated, such information as prescribed by the regulation made for the purpose of this subsection.

(2) The regulation made for the purpose of paragraph (1)(a) must:

  (a) include details of the kind of information that the Commissioner must publish, and keep updated, on the website; and

  (b) include a requirement that the following information about individual shipments of goods exported to Australia be published on the website:

     (i) the country of origin of the shipment;

     (ii) the type of goods in the shipment;

     (iii) the volume of the shipment;

     (iv) the value of the shipment.

(3) Before recommending that the Governor-General make a regulation for the purpose of this section, the Minister must consult with the Commissioner about the kind of information that should be published on the website.

(3) Schedule 1, page 13 (after line 19), at the end of the bill, add:

3 At the end of Part XVC

  Add:

269ZZYH Review of operation of Part XVB

(1) The Minister:

  (a) must cause the Forum to undertake a review (the first review) of the first 2 years of the operation of Part XVB as amended by the Customs Amendment (Anti-dumping Improvements) Act (No. 2) 2011; and

  (b) may cause the Forum to undertake a review (a subsequent review) of the operation of Part XVB during other specified periods.

(2) The Forum must give the Minister a written report of a review under this section:

  (a) in the case of the first review—within 6 months after the end of the 2 year period; and

  (b) in the case of a subsequent review—within 6 months after the end of the specified period to which the review relates.

(3) A review under this section must include an opportunity for interested parties and members of the public to make written submissions on the operation of Part XVB.

(4) Officers of Customs must, if requested to do so by the Forum, assist the Forum in:

  (a) conducting a review; and

  (b) preparing the written report of a review.

(5) The Minister must cause a copy of a report of a review under this section to be tabled in each House of the Parliament within 15 sitting days of that House after he or she receives the report.

(4) Schedule 1, page 13 (after line 19), at the end of the bill, add:

4 After section 269TDAA

  Insert:

269TDAAB Onus of proof if application not rejected

(1) If the CEO decides not to reject an application under subsection 269TB(1), the importer of the imported goods the subject of the application bears the onus of proving that the imported goods have not been:

  (a) dumped into Australia; or

  (b) subsidised for export into Australia.

(2) Any material lack of cooperation for the purposes of subsection (1) by the importer of the imported goods the subject of the application must give rise to the rebuttable presumption of dumping and/or subsidised export into Australia by the importer.

(5) Schedule 1, page 13 (after line 19), at the end of the bill, add:

5 After section 269TDAA

  Insert:

269TDAAB Onus of proof if preliminary affirmative determination made

(1) If the CEO makes a preliminary affirmative determination in respect of an application under subsection 269TD(1), the importer of the imported goods that is the subject of the application bears the onus of proving that the imported goods have not been:

  (a) dumped into Australia; or

  (b) subsidised for export into Australia.

(2) Any material lack of cooperation for the purposes of subsection (1) by the importer of the imported goods the subject of the application must give rise to the rebuttable presumption of dumping and/or subsidised export into Australia by the importer.

(6) Schedule 1, page 13 (after line 19), at the end of the bill, add:

6 Subsection 269T(1)

  Insert:

  International Trade Remedies Forum means the Forum established under Part XVC.

7 After subsection 269TC(4)

  Insert:

  (4A) If the CEO decides not to reject an application under subsection 269TB(1) or (2) in respect of goods, the CEO:

  (a) must have regard to any new or updated information that is provided to him or her by an interested party that reasonably could not have been provided earlier; and

  (b) must consult the International Trade Remedies Forum and other persons with expertise in the relevant Australian industry and related Australian industries and must have regard to any information and analysis provided by that Forum or those persons as a consequence of those consultations;

for the purposes of considering the application and making a recommendation to the Minister.

8 Subsection 269TD(1)

  Omit "60 days after".

9 At the end of paragraph 269TD(2)(a)

  Add:

     (iv) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under paragraph 269TC(4A)(b); and

10 At the end of paragraph 269TDAA(2)(a)

  Add:

     (iv) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under paragraph 269TC(4A)(b); and

11 After subsection 269TE(2)

  Insert:

  (2A) Subsection (2) does not preclude consideration by the CEO of:

  (a) any new or updated information that is provided to him or her by an interested party that reasonably could not have been provided earlier; and

  (b) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under paragraph 269TC(4A)(b).

12 At the end of paragraph 269TEA(3)(a)

  Add:

     (v) any new or updated information that is provided to him or her by an interested party that reasonably could not have been provided earlier; and

     (vi) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under paragraph 269TC(4A)(b); and

13 After subsection 269TEB(4)

  Insert:

  (4A) If the CEO is considering the terms of an undertaking under subsection (2) or the revised terms of an undertaking under subsection (4), the CEO must have regard to:

  (a) any new or updated information that is provided to him or her by an interested party that reasonably could not have been provided earlier; and

  (b) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under paragraph 269TC(4A)(b);

for the purpose of that consideration.

14 Before subsection 269ZC(1)

  Insert:

  (1A) If an application for review of anti-dumping measures is lodged with Customs in accordance with section 269ZB, the CEO must, within 20 days after Customs receives the application, consult the International Trade Remedies Forum and persons with expertise in the relevant Australian industry and related Australian industries.

15 Paragraph 269ZC(1)(b)

  Repeal the paragraph, substitute:

  (b) if the CEO is not satisfied in relation to the application, having regard to:

     (i) the application; and

     (ii) any new or updated information that subsequently is provided to him or her by an interested party that reasonably could not have been provided earlier; and

     (iii) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries during consultations under subsection (1A); and

     (iv) any other information that the CEO considers relevant;

     of one or more of the matters referred to in subsection (2);

16 At the end of paragraph 269ZD(2)(a)

  Add:

     (iv) any new or updated information that is provided to the CEO by an interested party that reasonably could not have been provided earlier; and

     (v) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian as a consequence of consultations under subsection 269ZC(1A); and

17 Paragraph 269ZHD(1)(b)

  Repeal the paragraph, substitute:

  (b) if the CEO is not satisfied in relation to any of the applications, having regard to:

     (i) the application; and

     (ii) any new or updated information that subsequently is provided to him or her by an interested party that reasonably could not have been provided earlier; and

     (iii) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries during consultations under subsection (1A); and

     (iv) any other information that the CEO considers relevant;

     of one or more of the matters referred to in subsection (2);

18 Before subsection 269ZHD(2)

  Insert:

  (1A) If an application for continuation of anti-dumping measures is lodged with Customs in accordance with section 269ZHC, the CEO must, within the 60 days referred to in paragraph 269ZHB(1)(b), consult the International Trade Remedies Forum and persons with expertise in the relevant Australian industry and related Australian industries.

19 At the end of paragraph 269ZHE(2)(a)

  Add:

     (iii) any new or updated information that is provided to the CEO by an interested party that reasonably could not have been provided earlier; and

     (iv) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under subsection 269ZHD(1A); and

20 At the end of paragraph 269ZHF(3)(a)

  Add:

     (v) any new or updated information that is provided to him or her by an interested party that reasonably could not have been provided earlier; and

     (vi) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under subsection 269ZHD(1A); and

21 After subsection 269ZZ(1)

  Insert:

  (1A) Subsection (1) does not preclude consideration by the Review Panel of:

  (a) any new or updated information that is provided to him or her by an interested party that reasonably could not have been provided earlier; and

  (b) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under section 269ZZEA or 269ZZQB.

22 After subsection 269ZZE(2)

  Insert:

  (2A) An applicant may, in an application for a review, provide new or updated information to the Review Panel that reasonably could not have been provided earlier.

23 After section 269ZZE

  Insert:

269ZZEA Consultation with International Trade Remedies Forum etc.

     In conducting a review under this Subdivision, the Review Panel must consult the International Trade Remedies Forum and persons with expertise in the relevant Australian industry and related Australian industries and must have regard to any information and analysis provided by that Forum or those persons as a consequence of those consultations.

24 Subsection 269ZZG(2)

  Omit "information", substitute ", including new or updated information that reasonably could not have been provided earlier,".

25 Subsection 269ZZK(6) (at the end of the definition of relevant information )

  Add:

     ; and (iii) that is new or updated information provided by an interested party that reasonably could not have been provided earlier; and

(e) any new or updated information for the purposes of the information to which paragraphs (a) to (d) relates that reasonably could not have been provided earlier; and

  (f) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under section 269ZZEA.

26 After paragraph 269ZZL(1)(a)

  Insert:

  (ab) in reinvestigating a finding or findings, have regard to any new or updated information that subsequently is provided to the CEO by an interested party that reasonably could not have been provided earlier; and

27 After subsection 269ZZQ(1A)

  Insert:

  (1B) An applicant may, in an application for a review, provide new or updated information to the Review Panel that reasonably could not have been provided earlier.

28 After section 269ZZQA

  Insert:

269ZZQB Consultation with International Trade Remedies Forum etc.

     In conducting a review under this Subdivision, the Review Panel must consult the International Trade Remedies Forum and persons with expertise in the relevant Australian industry and related Australian industries and must have regard to any information and analysis provided by that Forum or those persons as a consequence of those consultations.

29 Subsection 269ZZS(3)

  Repeal the subsection, substitute:

(3) In making a decision under this section, the Review Panel may have regard to:

  (a) information that was before the CEO when the CEO made the reviewable decision; and

  (b) any new or updated information that subsequently is provided to the Review Panel by an interested party that reasonably could not have been provided earlier; and

  (c) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under section 269ZZQB.

30 Subsection 269ZZT(4)

  Repeal the subsection, substitute:

(4) In making a decision under this section, the Review Panel may have regard to:

  (a) information that was before the CEO when the CEO made the reviewable decision; and

  (b) any new or updated information that subsequently is provided to the Review Panel by an interested party that reasonably could not have been provided earlier; and

  (c) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under section 269ZZQB.

31 Subsection 269ZZU(3)

  Repeal the subsection, substitute:

(3) In making a decision under this section, the Review Panel may have regard to:

  (a) information of the kinds referred to in subsection 269X(5) that was before the CEO when the CEO made the reviewable decision; and

  (b) any new or updated information that subsequently is provided to the Review Panel by an interested party that reasonably could not have been provided earlier; and

  (c) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under section 269ZZQB.

32 Subsection 269ZZUA(5)

  Repeal the subsection, substitute:

(5) In making a decision under this section, the Review Panel may have regard to:

  (a) information that was before the CEO when the CEO made the rejection decision; and

  (b) any new or updated information that subsequently is provided to the Review Panel by an interested party that reasonably could not have been provided earlier; and

  (c) any information and analysis provided by the International Trade Remedies Forum or persons with expertise in the relevant Australian industry and related Australian industries as a consequence of consultations under section 269ZZQB.

33 At the end of section 269ZZYC:

  Add:

  ; (c) to advise and provide information to the CEO in respect of applications under Part XVB or the terms of any undertakings to be made under that Part;

  (d) to advise and provide information to the Review Panel in respect of reviews undertaken by the Review Panel under Part XVB;

  (e) to undertake reviews under section 269ZZYH.

(7) Schedule 1, page 13 (after line 19), at the end of the bill, add:

Schedule 2—Further amendments

Customs Act 1901