Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf the Comptroller - General of Customs is satisfied that, in accordance with the obligations of Australia under an agreement (including a treaty or convention) between Australia and another country or other countries, the rate of duty attaching to the importation of goods (whether or not the produce of a particular country) is not to be less than a particular minimum rate, the Comptroller - General of Customs must not make a TCO that would result in a contravention of those obligations.
No. 6, 1901
Compilation No. 186
Compilation date: 5 March 2025
Includes amendments: Act No. 79, 2024
This compilation is in 5 volumes
Volume 2: sections 126D- 183UAA
Volume 3: sections 183UA- 269SK
Schedule
Volume 5: Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Customs Act 1901 that shows the text of the law as amended and in force on 5 March 2025 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part XVB--Special provisions relating to anti - dumping duties
269SM Overview of Part
Division 1A--Anti - Dumping Commission and Commissioner
Subdivision A--Preliminary
269SMA What this Division is about
Subdivision B--Anti - Dumping Commission
269SMB Establishment
269SMC Constitution of the Anti - Dumping Commission
269SMD Function of the Anti - Dumping Commission
269SME Anti - Dumping Commission has privileges and immunities of the Crown
Subdivision C--Commissioner
269SMF Establishment
269SMG Powers of Commissioner
269SMH Appointment
269SMI Term of appointment
269SMJ Acting Commissioner
269SMK Terms and conditions of appointment
269SML Disclosure of interests
269SMM Outside employment
269SMN Resignation
269SMO Termination of appointment
Subdivision D--Staff assisting the Commissioner
269SMQ Staff
Subdivision E--Delegation
269SMR Delegation
Subdivision F--Form and manner of applications
269SMS Form and manner of applications
Subdivision G--Disclosure of information
269SMT Disclosure of information
Division 1--Definitions and role of Minister
269SN What this Division is about
269T Definitions
269TAAA Anti - dumping measures not to apply to New Zealand originating goods
269TAAB Member countries, developing countries and special developing countries
269TAAC Definition--countervailable subsidy
269TAACA Determination of countervailable subsidy if non - cooperation by relevant entities
269TAAD Ordinary course of trade
269TAA Arms length transactions
269TAB Export price
269TAC Normal value of goods
269TACAA Sampling
269TACAB Dumping duty notice--export prices and normal values for different categories of exporters
269TACA Non - injurious price
269TACB Working out whether dumping has occurred and levels of dumping
269TACC Working out whether a financial contribution or income or price support confers a benefit
269TACD Amount of countervailable subsidy
269TAE Material injury to industry
269TAF Currency conversion
269TAG Minister may take anti - dumping measures on own initiative
269TAH Minister may delegate functions and powers to Commissioner or Commission staff members
269TA Minister may give directions to Commissioner in relation to powers and duties under this Part
Division 2--Consideration of anti - dumping matters by the Commissioner
269TBA What this Division is about
269TB Application for action under Dumping Duty Act
269TC Consideration of application
269TD Preliminary affirmative determinations
269TDAA Statement of essential facts in relation to investigation of application under section 269TB
269TDA Termination of investigations
269TE Commissioner to have regard to same considerations as Minister
269TEA Report to Minister concerning publication of notices under this Part
269TEB Commissioner recommendations concerning undertakings offered after preliminary affirmative determination
Division 3--Consideration of anti - dumping matters by the Minister
269TF What this Division is about
269TG Dumping duties
269TH Third country dumping duties
269TJ Countervailing duties
269TJA Concurrent dumping and subsidy
269TK Third country countervailing duties
269TL Minister to give public notice not to impose duty
269TLA Time limit for Minister to make certain decisions
269TM Periods during which certain notices and undertakings to remain in force
269TN Retrospective notices
269TP Power to specify goods
269U Inquiries in relation to undertakings
Division 4--Dumping duty or countervailing duty assessment
269UA What this Division is about
269V Importers may apply for duty assessment in certain circumstances
269W Manner of making applications for duty assessment
269X Consideration of duty assessment applications
269Y Duty assessments
269YA Rejection etc. of application for duty assessment
Division 5--Review of anti - dumping measures
269Z What this Division is about
269ZA Applications and requests for review of anti - dumping measures
269ZB Content and lodgment of applications for review of anti - dumping measures
269ZC Consideration of applications and requests for review
269ZCA Application to extend a review of anti - dumping measures to include revocation
269ZCB Content and lodgment of application to extend a review of anti - dumping measures to include revocation
269ZCC Consideration of applications and requests for extensions of reviews
269ZD Statement of essential facts in relation to review of anti - dumping measures
269ZDA Report on review of measures
269ZDB Powers of the Minister in relation to review of anti - dumping measures
Division 5A--Anti - circumvention inquiries
269ZDBA What this Division is about
269ZDBB Circumvention activities
269ZDBC Applications and requests for conduct of an anti - circumvention inquiry
269ZDBD Content and lodgement of applications for conduct of an anti - circumvention inquiry
269ZDBE Consideration of applications and requests for conduct of an anti - circumvention inquiry
269ZDBEA Termination of anti - circumvention inquiry
269ZDBF Statement of essential facts in relation to conduct of an anti - circumvention inquiry
269ZDBG Report on anti - circumvention inquiry
269ZDBH Minister's powers in relation to anti - circumvention inquiry
Division 6--Certain exporters may seek accelerated review of dumping duty notices or countervailing duty notices
269ZDC What this Division is about
269ZE Circumstances in which accelerated review may be sought
269ZF Application for accelerated review
269ZG Consideration of application
269ZH Effect of accelerated review
Division 6A--Continuation of anti - dumping measures
269ZHA What this Division is about
269ZHB Applications for continuation of anti - dumping measures
269ZHC Content and lodgment of application for continuation of anti - dumping measures
269ZHD Consideration of applications for continuation of anti - dumping measures
269ZHE Statement of essential facts in relation to continuation of anti - dumping measures
269ZHF Report on application for continuation of anti - dumping measures
269ZHG Powers of the Minister in relation to continuation of anti - dumping measures
Division 7--Procedural and evidentiary matters
269ZHH What this Division is about
269ZHI Minister may extend certain periods of time
269ZI Public notice
269ZJ Commissioner to maintain public record for certain purposes
Division 8--Review Panel
269ZK What this Division is about
269ZL Establishment of Review Panel
269ZM Membership of the Review Panel
269ZN Review Panel's powers
269ZO Protection of members
269ZP Appointment of members
269ZQ Period of appointment for members
269ZR Terms and conditions of appointment
269ZS Disclosure of interests to the Minister
269ZT Outside employment
269ZTA Resignation
269ZTB Termination of appointment
269ZTC Acting appointments
269ZTD Provision of resources to Review Panel
269ZU Review Panel may supply information
269ZV False or misleading information
Division 9--Review by Review Panel
Subdivision A--Preliminary
269ZW What this Division is about
269ZX Definitions
269ZY Form and manner of applications
269ZYA Constitution of Review Panel for purposes of review
269ZYB Member unavailable to complete review
269ZZ Review Panel to have regard to same considerations as Minister
Subdivision B--Review of Ministerial decisions
269ZZA Reviewable decisions
269ZZB Overview of a review of Minister's decision
269ZZC Who may seek a review?
269ZZD When must an application be made?
269ZZE How must an application be made?
269ZZF Withdrawal of application
269ZZG Rejection of application--failure to establish decision not the correct or preferable decision etc.
269ZZH Rejection of application--failure to provide summary of confidential information
269ZZHA Review Panel may hold conferences
269ZZI Public notification of review
269ZZJ Submissions in relation to reviewable decision
269ZZK The review
269ZZL Review Panel may require reinvestigation by Commissioner before making recommendation to Minister
269ZZM Minister's decision
Subdivision C--Review of Commissioner's decisions
269ZZN Reviewable decisions
269ZZO Who may seek a review
269ZZP When must an application be made?
269ZZQ How must an application be made?
269ZZQAA Withdrawal of application
269ZZQA Rejection of application--failure to establish decision not the correct or preferable decision etc.
269ZZR Rejection of application for review of termination decision
269ZZRA Review Panel may hold conferences
269ZZRB Review Panel may seek further information from the Commissioner
269ZZRC Notification of review
269ZZS The review of a negative prima facie decision
269ZZT The review of a termination decision
269ZZU The review of a negative preliminary decision
269ZZUA The review of a rejection decision
269ZZV Effect of Review Panel's decision
Subdivision D--Public record in relation to reviews
269ZZW Application
269ZZX Public record maintained by Review Panel
269ZZY Confidential and sensitive commercial information
Part XVC--International Trade Remedies Forum
269ZZYA Simplified outline
269ZZYB Establishment of International Trade Remedies Forum
269ZZYC Functions of the Forum
269ZZYD Membership of the Forum
269ZZYE Appointment of Forum members
269ZZYF Resignation
269ZZYG Forum meetings
269ZZYH Disclosure of information
Part XVI--Regulations and by - laws
270 Regulations
271 Comptroller - General of Customs may make by - laws
272 By - laws specifying goods
273 Determinations
273A By - laws and determinations for purposes of repealed items
273B Publication of by - laws and notification of determinations
273C Retrospective by - laws and determinations not to increase duty
273D By - laws and determinations for purposes of proposals
273EA Notification of proposals when House of Representatives is not sitting
273F Interpretation
Part XVII--Miscellaneous
273G Briefing of Leader of Opposition on certain matters
273GAA Notices
273GAB Authorisation to disclose information to an officer
273GA Review of decisions
273H Review of decisions under Customs Tariff Act
273K Statement to accompany notification of decisions
273L Entry and transmission of information by computer
274 Commissioned ships and aircraft to be reported
275 Commissioned ships and aircraft may be searched
275A Direction not to move a ship or aircraft from a boarding station
276 Collector's sales
277 Proceeds of sales
277A Jurisdiction of courts
278 Recoverable payments
279 Reports about recoverable payments
Schedule I--The Commonwealth of Australia
