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CUSTOMS TARIFF (ANTI-DUMPING) AMENDMENT BILL 1997

1996-97

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Customs Tariff (Anti-Dumping) Amendment Bill 1997

No. , 1997

(Industry, Science and Tourism)



A Bill for an Act to amend the Customs Tariff (Anti-Dumping) Act 1975, and for related purposes




9710320—999/23.6.1997—(103/97)  Cat. No. 96 9263 0  ISBN 0644 505575

Contents


A Bill for an Act to amend the Customs Tariff (Anti-Dumping) Act 1975, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Customs Tariff (Anti-Dumping) Amendment Act 1997.

2 Commencement

(1) Subject to subsection (2), this Act is taken to have commenced on the day on which items 5 to 12 of Schedule 1 to the Customs Legislation (Anti-Dumping) Amendment Act 1997 commence.

(2) Items 2, 4, 6, 7 and 9 of Schedule 1 commence on the day on which this Act receives the Royal Assent.

3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Customs Tariff (Anti-Dumping) Act 1975


1 Subsection 8(2)

Repeal the subsection, substitute:

(2) There is imposed, and there must be collected and paid, on goods:

(a) to which this section applies by virtue of a notice under subsection 269TG(1) or (2) of the Customs Act; and

(b) in relation to which the amount of the export price is less than the amount of the normal value;

a special duty of Customs, to be known as dumping duty, calculated in accordance with subsection (6).

2 Subsection 8(5A)

After “269TG(1) or (2)”, insert “of the Customs Act”.

3 Subsection 9(2)

Repeal the subsection, substitute:

(2) There is imposed, and there must be collected and paid, on goods:

(a) to which this section applies by virtue of a notice under subsection 269TH(1) or (2) of the Customs Act; and

(b) in relation to which the amount of the export price is less than the amount of the normal value;

a special duty of Customs, to be known as third country dumping duty, calculated in accordance with subsection (6).

4 Subsection 9(5A)

After “269TH(1) or (2)”, insert “of the Customs Act”.

5 Subsection 10(1)

Repeal the subsection, substitute:

(1) There is imposed, and there must be collected and paid, on goods:

(a) to which this section applies by virtue of a notice under subsection 269TJ(1), (2), (4), (5) or (6) of the Customs Act; and

(b) if the goods are goods to which this section applies by virtue of a notice under subsection 269TJ(1) or (2)—in relation to which a countervailable subsidy is received;

a special duty of Customs, to be known as countervailing duty.

6 Subsection 10(3)

After “on goods”, insert “the”.

7 Subsection 10(3B)

After “269TJ(1) or (2)”, insert “of the Customs Act”.

8 Subsection 11(1)

Repeal the subsection, substitute:

(1) There is imposed, and there must be collected and paid, on goods:

(a) to which this section applies by virtue of a notice under subsection 269TK(1) or (2) of the Customs Act; and

(b) in relation to which a countervailable subsidy is received;

a special duty of Customs, to be known as third country countervailing duty, calculated in accordance with subsection (7).

9 Subsection 11(4)

After “269TK(1) or (2)”, insert “of the Customs Act”.

10 Saving provisions

(1) Any dumping duty imposed, and any dumping duty or interim dumping duty collected, as a result of a notice given by the Minister under subsection 269TG(1) or (2) or 269TH(1) or (2) of the Customs Act 1901 (the Customs Act) on or after 1 January 1993 is taken, for all purposes, to have been so imposed or collected in accordance with the Customs Tariff (Anti-Dumping) Act 1975 as amended by this Act.

(2) Any countervailing duty imposed, and any countervailing duty or interim countervailing duty collected, as a result of a notice given by the Minister under subsection 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act on or after 1 January 1993 is taken, for all purposes, to have been imposed or collected in accordance with the provisions of the Customs Tariff (Anti-Dumping) Act 1975 as amended by this Act.

(3) In this section:

dumping duty and countervailing duty have the same meanings as in Part XVB of the Customs Act.

 


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