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This is a Bill, not an Act. For current law, see the Acts databases.
2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Anti-Dumping
Commission Transfer) Bill 2013
No. , 2013
(Industry)
A Bill for an Act to amend the law relating to
customs, and for related purposes
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Customs Act 1901
3
Customs Administration Act 1985
13
Part 2--Other amendments
14
Criminal Code Act 1995
14
Law Enforcement Integrity Commissioner Act 2006
14
Part 3--Application, saving and transitional provisions
15
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
1
A Bill for an Act to amend the law relating to
1
customs, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Customs Amendment (Anti-Dumping
5
Commission Transfer) Act 2013.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
No. , 2013
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Main amendments Part 1
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
3
Schedule 1
--
Amendments
1
Part 1
--
Main amendments
2
Customs Act 1901
3
1 Subsection 4(1) (definition of Commissioner)
4
Omit "established", substitute "continued in existence".
5
2 Subsection 4(1)
6
Insert:
7
Commission staff member means a member of the staff assisting
8
the Commissioner as mentioned in subsection 269SMQ(1).
9
3 Subsections 9(3A) and (4)
10
Repeal the subsections, substitute:
11
(4) Subsection (1) does not apply to the Minister's power under
12
subsection 77EA(1), 77ED(1), 77EE(1) or 77EF(2).
13
4 Subsection 45(2)
14
Omit "by the Minister", substitute "under Part XVB of this Act".
15
5 Paragraph 45(4)(a)
16
Omit "by the Minister", substitute "under Part XVB of this Act".
17
6 Section 269SMA
18
Omit "within the Australian Customs and Border Protection Service",
19
substitute "within the Department".
20
7 Section 269SMA
21
Omit "staff of the Australian Customs and Border Protection Service",
22
substitute "APS employees in the Department".
23
8 Section 269SMB
24
Repeal the section, substitute:
25
Schedule 1 Amendments
Part 1 Main amendments
4
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
No. , 2013
269SMB Establishment
1
(1) The Anti-Dumping Commission that was established by this
2
section (as in force before the transfer day) continues in existence,
3
by force of this section, within the Department.
4
(2) In this section:
5
transfer day means the day Schedule 1 to the Customs Amendment
6
(Anti-Dumping Commission Transfer) Act 2013 commenced.
7
9 Section 269SMP
8
Repeal the section.
9
10 Subsection 269SMQ(1)
10
Repeal the subsection, substitute:
11
(1) The staff assisting the Commissioner are to be APS employees in
12
the Department and made available for the purpose by the
13
Secretary of the Department.
14
11 Subsection 269SMQ(2) (note)
15
Repeal the note.
16
12 At the end of Division 1A of Part XVB
17
Add:
18
Subdivision E--Delegation
19
269SMR Delegation
20
(1) The Commissioner may, by writing, delegate any of the
21
Commissioner's functions or powers under this Part to a
22
Commission staff member.
23
(2) In performing functions or exercising powers under a delegation,
24
the delegate must comply with any written directions of the
25
Commissioner.
26
Amendments Schedule 1
Main amendments Part 1
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
5
Subdivision F--Approval of forms
1
269SMS Approval of forms
2
The Commissioner may, by writing, approve a form for the
3
purposes of a provision of this Part.
4
Subdivision G--Disclosure of information
5
269SMT Disclosure of information
6
(1) The Commissioner, or a Commission staff member, may disclose
7
information (including personal information) obtained under this
8
Part or the Dumping Duty Act, or an instrument under this Part or
9
the Dumping Duty Act, to the CEO, or an officer of Customs, for
10
the purposes of a Customs Act.
11
Interaction with the Privacy Act 1988
12
(2) For the purposes of the Privacy Act 1988, the disclosure of
13
personal information under subsection (1) is taken to be a
14
disclosure that is authorised by this Act.
15
Definition
16
(3) In this section:
17
personal information has the same meaning as in the Privacy Act
18
1988.
19
13 Subparagraphs 269TAE(2C)(b)(i) and (ii)
20
Omit "Customs", substitute "Commissioner".
21
14 After section 269TAG
22
Insert:
23
269TAH Minister may delegate functions and powers to
24
Commissioner or Commission staff members
25
(1) The Minister may, by signed instrument, delegate to the following
26
any of the functions and powers of the Minister under this Part or
27
the Dumping Duty Act:
28
Schedule 1 Amendments
Part 1 Main amendments
6
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
No. , 2013
(a) the Commissioner;
1
(b) a Commission staff member.
2
(2) However, subsection (1) does not apply to a function or power
3
under:
4
(a) subsection 269TG(1) or (2), 269TH(1) or (2), 269TJ(1) or (2)
5
or 269TK(1) or (2) of this Act; or
6
(b) subsection 8(5), 9(5), 10(3B) or 11(4) of the Dumping Duty
7
Act.
8
15 Subsections 269TB(1) and (2)
9
Omit "Customs", substitute "Commissioner".
10
16 Subsection 269TB(3)
11
Omit "Customs", substitute "the Commissioner".
12
17 Paragraph 269TB(4)(b)
13
Omit "an approved form", substitute "a form approved by the
14
Commissioner for the purposes of this section".
15
18 Subsection 269TB(5)
16
Omit "with the Customs", substitute "with the Commissioner".
17
19 Paragraph 269TB(5)(a)
18
Omit "an officer", substitute "a Commission staff member".
19
20 Paragraphs 269TB(5)(b) and (c)
20
Omit "approved form", substitute "form referred to in
21
paragraph (4)(b)".
22
21 Subsection 269TB(5)
23
Omit "by Customs", substitute "by the Commissioner".
24
22 Subsection 269TB(5)
25
Omit "by an officer", substitute "by a Commission staff member".
26
23 Subsections 269TC(1) and (2)
27
Omit "Customs receives", substitute "receiving".
28
Amendments Schedule 1
Main amendments Part 1
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
7
24 Subsection 269TC(2A)
1
Omit "give Customs", substitute "give the Commissioner".
2
25 Paragraphs 269TC(2A)(a) and (b)
3
Omit "Customs", substitute "the Commissioner".
4
26 Subparagraph 269TD(2)(a)(ii)
5
Omit "Customs", substitute "the Commissioner".
6
27 Subsection 269TD(3)
7
Omit "Customs", substitute "the Commissioner".
8
28 Paragraph 269TD(4)(b)
9
Omit "officer of Customs taking the securities", substitute
10
"Commissioner".
11
29 Subparagraph 269TDAA(2)(a)(ii)
12
Omit "Customs", substitute "the Commissioner".
13
30 Subsection 269TDAA(3)
14
Omit "Customs", substitute "the Commissioner".
15
31 Subparagraph 269TEA(3)(a)(iv)
16
Omit "Customs", substitute "the Commissioner".
17
32 Subsection 269TEA(4)
18
Omit "Customs", substitute "the Commissioner".
19
33 Subsection 269U(1)
20
Omit "authorize an officer", substitute "authorise a Commission staff
21
member".
22
34 Subsection 269U(2)
23
Omit "An officer authorized", substitute "A Commission staff member
24
authorised".
25
35 Subsections 269U(3) to (9)
26
Omit "officer", substitute "Commission staff member".
27
Schedule 1 Amendments
Part 1 Main amendments
8
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
No. , 2013
36 Paragraph 269W(2)(a)
1
Omit "at Customs House in Canberra", substitute "by the Commissioner
2
by notice published on the Anti-Dumping Commission's website".
3
37 Subsection 269W(2)
4
Omit "an officer of Customs", substitute "a Commission staff member".
5
38 Subsection 269YA(1)
6
Omit "Customs", substitute "Commissioner".
7
39 Paragraph 269ZB(1)(b)
8
Omit "an approved form", substitute "a form approved by the
9
Commissioner for the purposes of this section".
10
40 Subsection 269ZB(2)
11
Omit "approved" (wherever occurring).
12
41 Subsection 269ZB(3)
13
Omit "with Customs", substitute "with the Commissioner".
14
42 Paragraph 269ZB(3)(a)
15
Omit "at Customs House in Canberra", substitute "by the Commissioner
16
by notice published on the Anti-Dumping Commission's website".
17
43 Paragraphs 269ZB(3)(b) and (c)
18
Omit "approved form", substitute "form referred to in
19
paragraph (1)(b)".
20
44 Subsection 269ZB(3)
21
Omit "an officer of Customs", substitute "a Commission staff member".
22
45 Subsection 269ZC(1)
23
Omit "with Customs", substitute "with the Commissioner".
24
46 Subsection 269ZC(1)
25
Omit "Customs receives", substitute "receiving".
26
Amendments Schedule 1
Main amendments Part 1
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
9
47 Section 269ZCA
1
Omit "Customs", substitute "the Commissioner".
2
48 Paragraph 269ZCB(1)(c)
3
Omit "an approved form", substitute "a form approved by the
4
Commissioner for the purposes of this section".
5
49 Subsection 269ZCB(2)
6
Omit "approved".
7
50 Subsection 269ZCB(3)
8
Omit "with Customs", substitute "with the Commissioner".
9
51 Paragraph 269ZCB(3)(a)
10
Omit "at Customs House in Canberra", substitute "by the Commissioner
11
by notice published on the Anti-Dumping Commission's website".
12
52 Paragraphs 269ZCB(3)(b) and (c)
13
Omit "approved form", substitute "form referred to in
14
paragraph (1)(c)".
15
53 Subsection 269ZCB(3)
16
Omit "an officer of Customs", substitute "a Commission staff member".
17
54 Subsection 269ZCC(1)
18
Omit "with Customs", substitute "with the Commissioner".
19
55 Subsection 269ZCC(1)
20
Omit "Customs receives", substitute "receiving".
21
56 Subparagraphs 269ZD(2)(a)(ii) and (iii)
22
Omit "Customs", substitute "the Commissioner".
23
57 Subsection 269ZD(3)
24
Omit "Customs", substitute "the Commissioner".
25
58 Subparagraph 269ZDA(3)(a)(iv)
26
Omit "Customs", substitute "the Commissioner".
27
Schedule 1 Amendments
Part 1 Main amendments
10
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
No. , 2013
59 Subsection 269ZDA(4)
1
Omit "Customs", substitute "the Commissioner".
2
60 Paragraph 269ZDBD(1)(b)
3
Omit "an approved form", substitute "a form approved by the
4
Commissioner for the purposes of this section".
5
61 Subsection 269ZDBD(3)
6
Omit "with Customs", substitute "with the Commissioner".
7
62 Paragraph 269ZDBD(3)(a)
8
Omit "at Customs House in Canberra", substitute "by the Commissioner
9
by notice published on the Anti-Dumping Commission's website".
10
63 Paragraphs 269ZDBD(3)(b) and (c)
11
Omit "approved form", substitute "form referred to in
12
paragraph (1)(b)".
13
64 Subsection 269ZDBD(4)
14
Omit "an officer of Customs", substitute "a Commission staff member".
15
65 Subsection 269ZDBE(1)
16
Omit "with Customs", substitute "with the Commissioner".
17
66 Subsection 269ZDBE(1)
18
Omit "Customs receives", substitute "receiving".
19
67 Subparagraph 269ZDBF(2)(a)(ii)
20
Omit "Customs", substitute "the Commissioner".
21
68 Subsection 269ZDBF(3)
22
Omit "Customs", substitute "the Commissioner".
23
69 Subparagraph 269ZDBG(2)(a)(iv)
24
Omit "Customs", substitute "the Commissioner".
25
70 Subparagraph 269ZDBG(2)(aa)(ii)
26
Omit "Customs", substitute "the Commissioner".
27
Amendments Schedule 1
Main amendments Part 1
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
11
71 Subsections 269ZDBG(3) and (3A)
1
Omit "Customs", substitute "the Commissioner".
2
72 Subsection 269ZF(2)
3
Omit "with Customs", substitute "with the Commissioner".
4
73 Paragraph 269ZF(2)(a)
5
Omit "accelerated review applications", substitute "such applications by
6
the Commissioner by notice published on the Anti-Dumping
7
Commission's website".
8
74 Subsection 269ZF(2)
9
Omit "an officer of Customs", substitute "a Commission staff member".
10
75 Paragraph 269ZH(b)
11
Omit "Commissioner", substitute "Customs".
12
76 Paragraph 269ZHC(1)(b)
13
Omit "an approved form", substitute "a form approved by the
14
Commissioner for the purposes of this section".
15
77 Subsection 269ZHC(2)
16
Omit "with Customs", substitute "with the Commissioner".
17
78 Paragraph 269ZHC(2)(a)
18
Omit "at Customs House in Canberra", substitute "by the Commissioner
19
by notice published on the Anti-Dumping Commission's website".
20
79 Paragraphs 269ZHC(2)(b) and (c)
21
Omit "approved form", substitute "form referred to in
22
paragraph (1)(b)".
23
80 Subsection 269ZHC(2)
24
Omit "an officer of Customs", substitute "a Commission staff member".
25
81 Subsection 269ZHD(1)
26
Omit "with Customs", substitute "with the Commissioner".
27
Schedule 1 Amendments
Part 1 Main amendments
12
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
No. , 2013
82 Subparagraph 269ZHE(2)(a)(ii)
1
Omit "Customs", substitute "the Commissioner".
2
83 Subsection 269ZHE(3)
3
Omit "Customs", substitute "the Commissioner".
4
84 Subparagraph 269ZHF(3)(a)(iv)
5
Omit "Customs", substitute "the Commissioner".
6
85 Subsection 269ZP(3)
7
After "officer of Customs", insert ", the Commissioner or a
8
Commission staff member".
9
86 Paragraphs 269ZU(2)(b) and (3)(d)
10
Omit "an officer of Customs", substitute "a Commission staff member".
11
87 Paragraph 269ZZYD(1)(a)
12
Omit "CEO", substitute "Commissioner".
13
88 Subsections 269ZZYE(1), (2) and (3)
14
Omit "CEO", substitute "Commissioner".
15
89 Subsection 269ZZYF(1)
16
Omit "CEO", substitute "Commissioner".
17
90 Subsection 269ZZYG(2) (heading)
18
Repeal the heading, substitute:
19
Commissioner to convene meetings
20
91 Subsections 269ZZYG(2) and (3)
21
Omit "CEO" (wherever occurring), substitute "Commissioner".
22
92 At the end of section 269ZZYG
23
Add:
24
(6) The Minister may, by signed instrument, delegate to the following
25
the power of the Minister under subsection (4):
26
(a) the Commissioner;
27
Amendments Schedule 1
Main amendments Part 1
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
13
(b) a Commission staff member.
1
93 At the end of Part XVC
2
Add:
3
269ZZYH Disclosure of information
4
(1) The Commissioner, or a Commission staff member, may disclose
5
information (including personal information) obtained under this
6
Part to the CEO, or an officer of Customs, for the purposes of a
7
Customs Act.
8
Interaction with the Privacy Act 1988
9
(2) For the purposes of the Privacy Act 1988, the disclosure of
10
personal information under subsection (1) is taken to be a
11
disclosure that is authorised by this Act.
12
Definition
13
(3) In this section:
14
personal information has the same meaning as in the Privacy Act
15
1988.
16
Customs Administration Act 1985
17
94 Section 3 (definition of Commissioner)
18
Repeal the definition.
19
95 Subsection 4(3)
20
Omit ", the Commissioner".
21
96 Subsection 14(4A)
22
Repeal the subsection.
23
97 Paragraph 16(1AA)(aa)
24
Repeal the paragraph.
25
Schedule 1 Amendments
Part 2 Other amendments
14
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
No. , 2013
Part 2
--
Other amendments
1
Criminal Code Act 1995
2
98 Section 146.1 of the Criminal Code (paragraph (da) of the
3
definition of Commonwealth law enforcement officer)
4
Repeal the paragraph.
5
Law Enforcement Integrity Commissioner Act 2006
6
99 Paragraph 10(2A)(aa)
7
Repeal the paragraph.
8
Amendments Schedule 1
Application, saving and transitional provisions Part 3
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
15
Part 3
--
Application, saving and transitional
1
provisions
2
100 Application provisions
3
(1)
The amendments made by items 15 to 22 apply in relation to an
4
application lodged under subsection 269TB(1) or (2), or a notice lodged
5
under subsection 269TB(3), of the Customs Act 1901 on or after the
6
commencement of those items.
7
(2)
The amendments made by items 24 and 25 apply in relation to
8
information lodged under subsection 269TC(2A) of the Customs Act
9
1901 on or after the commencement of those items.
10
(3)
The amendment made by item 28 applies in relation to a preliminary
11
affirmative determination made under subsection 269TD(1) of the
12
Customs Act 1901 on or after the commencement of that item.
13
(4)
The amendments made by items 36 and 37 apply in relation to an
14
application lodged under subsection 269V(1) of the Customs Act 1901
15
on or after the commencement of those items.
16
(5)
The amendments made by items 39 to 44 apply in relation to an
17
application lodged under subsection 269ZA(1) of the Customs Act 1901
18
on or after the commencement of those items.
19
(6)
The amendments made by items 47 to 53 apply in relation to an
20
application lodged under section 269ZCA of the Customs Act 1901 on
21
or after the commencement of those items.
22
(7)
The amendments made by items 60 to 64 apply in relation to an
23
application lodged under subsection 269ZDBC(1) of the Customs Act
24
1901 on or after the commencement of those items.
25
(8)
The amendments made by items 72 to 74 apply in relation to an
26
application lodged under subsection 269ZE(1) of the Customs Act 1901
27
on or after the commencement of those items.
28
(9)
The amendments made by items 76 to 80 apply in relation to an
29
application lodged under section 269ZHB of the Customs Act 1901 on
30
or after the commencement of those items.
31
Schedule 1 Amendments
Part 3 Application, saving and transitional provisions
16
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
No. , 2013
(10)
Sections 269SMT and 269ZZYH of the Customs Act 1901, as amended
1
by this Act, apply in relation to information obtained before, on or after
2
the commencement of this item.
3
101 Continuity of Commissioner not affected
4
The amendments made by this Schedule do not affect the continuity of:
5
(a) the appointment of the Commissioner of the Anti-Dumping
6
Commission; or
7
(b) the terms and conditions on which that Commissioner holds
8
office.
9
102 Continuity of members of the Review Panel not affected
10
The amendments made by this Schedule do not affect the continuity of:
11
(a) the appointment of a member of the Review Panel mentioned
12
in section 269ZL of the Customs Act 1901; or
13
(b) the terms and conditions on which that member holds office.
14
103 Continuity of members of the International Trade
15
Remedies Forum not affected
16
The amendments made by this Schedule do not affect the continuity of
17
the appointment of a member of the International Trade Remedies
18
Forum mentioned in section 269ZZYB of the Customs Act 1901.
19
104 Continuity of applications and submissions
20
Applications
21
(1)
If:
22
(a) an application under Part XVB of the Customs Act 1901 was
23
lodged with Customs before the commencement of this item;
24
and
25
(b) the application had not been decided before that
26
commencement;
27
then, on and after that commencement, that Part has effect as if the
28
application had been lodged with the Commissioner.
29
Submissions
30
(2)
If:
31
Amendments Schedule 1
Application, saving and transitional provisions Part 3
No. , 2013
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
17
(a) an investigation, review or inquiry under Part XVB of the
1
Customs Act 1901 is pending at the commencement of this
2
item; and
3
(b) before that commencement, submissions were received by
4
Customs in relation to the investigation, review or inquiry;
5
then, on and after that commencement, that Part has effect as if the
6
submissions had been received by the Commissioner.
7
105 Continuation of secrecy provision
8
(1)
A delegation in force under subsection 14(4A) of the Customs
9
Administration Act 1985 immediately before the commencement of this
10
item continues to apply on and after that commencement.
11
(2)
Section 16 of the Customs Administration Act 1985, as in force
12
immediately before the commencement of this item, continues to apply
13
on and after that commencement in relation to the Commissioner and to
14
information that came to the knowledge of, or into the possession of, the
15
Commissioner before that commencement while he or she performed
16
duties.
17
106 Continuation of offences under the Criminal Code
18
Sections 146.1, 146.2, 147.1 and 147.2 of the Criminal Code, as in
19
force immediately before the commencement of this item, continue to
20
apply on and after that commencement in relation to conduct engaged in
21
before that commencement in relation to the person covered by
22
paragraph (da) of the definition of Commonwealth law enforcement
23
officer in section 146.1 of the Criminal Code.
24
107 Continuation of processes under the Law Enforcement
25
Integrity Commissioner Act 2006
26
The Law Enforcement Integrity Commissioner Act 2006, as in force
27
immediately before the commencement of this item, continues to apply
28
on and after that commencement in relation to conduct engaged in
29
before that commencement by the person covered by
30
paragraph 10(2A)(aa) of that Act.
31
Schedule 1 Amendments
Part 3 Application, saving and transitional provisions
18
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
No. , 2013
108 Transitional rules
1
The Minister may, by legislative instrument, make rules prescribing
2
matters of a transitional nature (including prescribing any saving or
3
application provisions) arising out of the amendments and repeals made
4
by Part 1 or 2 of this Schedule.
5
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