Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Link to this | Hansard source

In question time today Senator Xenophon asked me a question, and I think I need to add to the answer to ensure it is clear. This is in relation to his second supplementary question. Under the section of the Customs Act which Senator Xenophon referred to, the Attorney-General may initiate an investigation into the need to take antidumping measures to justify the initiation of an investigation without having received a written application by or on behalf of the Australian industry. The minister would need to be satisfied that there was sufficient evidence of dumping, injury and causal link. However, special circumstances must exist for the minister to exercise this discretionary power pursuant to article 5.6 of the World Trade Organisation Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade, to which Australia is a party. The existence of special circumstances would be a matter for Customs to provide advice on pursuant to the relevant international conventions.