Bills Digest No. 234  1997-98 Customs Tariff (Anti-dumping) Amendment Bill 1998


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WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

CONTENTS

Passage History
Purpose
Background
Main Provisions
Contact Officer and Copyright Details

Passage History

Customs Tariff (Anti-dumping) Amendment Bill 1998

Date Introduced: 14 May 1998

House: House of Representatives

Portfolio: Customs and Consumer Affairs

Commencement: The same time as Schedules 1-4 of the proposed Customs Legislation (Anti-dumping Amendments) Act 1998 to which subsection 2(2) of that proposed Act apply. Basically, this will be, with the exception of item 11 of Schedule 3 of that Bill, on Proclamation, or if the provisions do not commence within 6 months of receipt of Royal Assent, the day after that end of that period. Item 11 of Schedule 3 of that Bill commences on Proclamation, but not more than 150 days after the date fixed for the commencement of the other provisions in the Bill.

Purpose

Provide for the repeal of provisions providing for the formal imposition of countervailing duty as a consequence of amendments contained in the Customs Legislation (Anti-dumping Amendments) Bill 1998. The provisions are being repealed to conform with Australia's World Trade Organisation obligations.

Background

The Bill amends the Customs Tariff (Anti-Dumping) Act 1975 as a consequence of amendments contained in the Customs Legislation (Anti-dumping Amendments) Bill 1998.

Item 57 of the Customs Legislation (Anti-dumping Amendments) Bill 1998 repeals provisions within the Customs Act 1901 (ie. subsections 269TJ(4) - (9)) concerning the imposition of countervailing duties. Countervailing duties are duties imposed on imports to offset government subsidies to producers or exporters in the exporting country. Australia's obligations to the World Trade Organisation (WTO) require that WTO dispute settlement procedures be exhausted before such imposition actions are taken. The provisions within the Customs Act 1901 are being repealed to conform with Australia's WTO obligations.

Subsections 10(1), 10(2), 10(4)-10(7A) of the Customs Tariff (Anti-Dumping) Act 1975 provide for the formal imposition of countervailing duty pursuant to the aforementioned provisions within the Customs Act 1901.

The reader is also referred to the Digest for the Customs Legislation (Anti-dumping Amendments) Bill 1998.

Main Provisions

Provisions providing for the formal imposition of countervailing duty pursuant to subsections 269TJ(4) - (7) and (9) of the Customs Act 1901 are repealed by items 1-5 of the Schedule of the Bill.

Contact Officer and Copyright Details

Ian Ireland
22 June 1998
Bills Digest Service
Information and Research Services

This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document.

IRS staff are available to discuss the paper's contents with Senators and Members
and their staff but not with members of the public.

ISSN 1328-8091
© Commonwealth of Australia 1998

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 1998.



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