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Customs Tariff (Anti-Dumping) Amendment Bill 2015

Schedule 1 Amendments

   

Customs Tariff (Anti-Dumping) Act 1975

1  Paragraph 8(5BAAA)(c)

Omit “the country in relation to which the subsidy has been provided has not complied with Article 25 of the Agreement on Subsidies and Countervailing Measures for the compliance period”, substitute “the government of the country in relation to which the subsidy has been provided has not submitted notification of its subsidies, as mentioned in paragraph 1 of Article 25 of the Agreement on Subsidies and Countervailing Measures, at least once in the compliance period”.

2  Subsection 8(5C)

Omit “in the Gazette ”, substitute “on the Anti-Dumping Commission’s website”.

3  Subsection 8(8)

Omit “in the Gazette ”, substitute “on the Anti-Dumping Commission’s website”.

4  After subsection 8(8)

Insert:

          (8A)  An instrument of exemption under subsection (7) takes effect on the day specified in the instrument. That day may be earlier or later than the day the instrument is made but, if the exemption is given because of an application for exemption, must not be earlier than the day the application is made.

5  Subsection 9(5B)

Omit “in the Gazette ”, substitute “on the Anti-Dumping Commission’s website”.

6  Subsection 9(8)

Omit “in the Gazette ”, substitute “on the Anti-Dumping Commission’s website”.

7  At the end of section 9

Add:

             (9)  An instrument of exemption under subsection (7) takes effect on the day specified in the instrument. That day may be earlier or later than the day the instrument is made but, if the exemption is given because of an application for exemption, must not be earlier than the day the application is made.

8  Paragraph 10(3CA)(a)

Repeal the paragraph, substitute:

                     (a)  the government of the country in relation to which the countervailable subsidy has been provided has not submitted notification of its subsidies, as mentioned in paragraph 1 of Article 25 of the Agreement on Subsidies and Countervailing Measures, at least once in the compliance period;

9  Paragraph 10(3DA)(a)

Repeal the paragraph, substitute:

                     (a)  the government of the country in relation to which the countervailable subsidy has been provided has not submitted notification of its subsidies, as mentioned in paragraph 1 of Article 25 of the Agreement on Subsidies and Countervailing Measures, at least once in the compliance period;

10  Subsection 10(5B)

Omit “in the Gazette ”, substitute “on the Anti-Dumping Commission’s website”.

11  Subsection 10(9)

Omit “in the Gazette ”, substitute “on the Anti-Dumping Commission’s website”.

12  After subsection 10(9)

Insert:

          (9A)  An instrument of exemption under subsection (8) takes effect on the day specified in the instrument. That day may be earlier or later than the day the instrument is made but, if the exemption is given because of an application for exemption, must not be earlier than the day the application is made.

13  Paragraph 11(5A)(a)

Repeal the paragraph, substitute:

                     (a)  the government of the country in relation to which the countervailable subsidy has been provided has not submitted notification of its subsidies, as mentioned in paragraph 1 of Article 25 of the Agreement on Subsidies and Countervailing Measures, at least once in the compliance period;

14  Subsection 11(6)

Omit “in the Gazette ”, substitute “on the Anti-Dumping Commission’s website”.

15  Subsections 11(8) and (9)

Omit “duties”, substitute “duty or”.

16  Subsection 11(9)

Omit “in the Gazette ”, substitute “on the Anti-Dumping Commission’s website”.

17  At the end of section 11

Add:

           (10)  An instrument of exemption under subsection (8) takes effect on the day specified in the instrument. That day may be earlier or later than the day the instrument is made but, if the exemption is given because of an application for exemption, must not be earlier than the day the application is made.

18  Application provisions

(1)       The amendments made by items 1, 2, 5, 8, 9, 10, 13 and 14 apply in relation to notices signed on or after the commencement of those items.

(2)       The amendments made by items 3, 4, 6, 7, 11, 12, 16 and 17 apply in relation to instruments of exemption made on or after the commencement of those items.