{"id":"F2013L02172","name":"Customs (Definition of “compliance period”) Determination 2013","slug":"customs-definition-of-compliance-period-determination-2013","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128287,"registerId":"commonwealth-F2013L02172-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs (Definition of “compliance period”) Determination 2013","content":"COMMONWEALTH OF AUSTRALIA\n\nCustoms Act 1901\n\nCustoms (Definition of “compliance period”) Determination 2013\n\nI, Ian Macfarlane, Minister for Industry, make this determination under subsection 269T(1A) of the Customs Act 1901.\n\nDated 18th December 2013\n\nSIGNED: Ian Macfarlane\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nIan Macfarlane\n\nMinister for Industry\n\n  \nPart 1 Preliminary\n\n1. Name\n\nThis instrument is the Customs (Definition of “compliance period”) Determination 2013.\n\n2. Authority\n\nThis instrument is made under subsection 269T(1A) of the Customs Act 1901 for the purposes of the definition of compliance period in subsection 269T(1).\n\n3. Commencement\n\nThis instrument commences on commencement of the Customs Amendment (Anti-dumping Measures) Act 2013.\n\nPart 2 Definition of compliance period\n\n1. Definition of compliance period in subsection 269T(1)\n\n    (i) For subsection 269T(1) of the Customs Act, the term, compliance period, is defined to mean:\n\n    the two most recent biennial periods, ending prior to the date of initiation of a countervailing investigation, in which a World Trade Organization (WTO) Member is obliged to make new and full notifications of subsidies to the WTO in accordance with the procedures adopted by the WTO Committee on Subsidies and Countervailing Measures.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination performs exactly the narrow, technical function it was designed for: defining a single term for use in anti-dumping investigations. It has not expanded beyond its original purpose of operationalising the Customs Act's countervailing provisions."},"complexity_factors":["Very short instrument (only 3 substantive provisions)","Single defined term with one clear, specific meaning","No cross-references beyond the empowering provision (subsection 269T(1A)) and the term being defined (subsection 269T(1))","No exceptions, conditions, or nested logic","Straightforward temporal calculation (two most recent biennial periods prior to investigation initiation)"],"plain_english_summary":"This Determination defines the \"compliance period\" for Australia’s anti‑dumping and countervailing investigations as the two most recent two‑year WTO subsidy‑reporting periods that ended before an investigation began. It affects Australian firms competing with subsidised imports, importers, foreign exporters and officials handling subsidy claims. By fixing a clear, predictable window for which WTO notifications are relevant, it streamlines investigations and limits disputes over how far back subsidy checks should go."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument narrows to a precise temporal definition for \"compliance period\" used in subsection 269T(1). It does not, on its face, expand or restrict which investigations or parties are covered; it only fixes how the relevant time window is determined (Part 2)."},"complexity_factors":["Single-purpose, short instrument: only sets one statutory definition (Part 2).","Dependence on external WTO rules and timing: administrators must identify which biennial periods a WTO Member was \"obliged to make new and full notifications\" under WTO procedures, requiring cross-reference to WTO Committee timelines (Part 2).","Temporal calculation: requires calculating the two most recent biennial periods that end before the date of initiation of a countervailing investigation (Part 2).","Administrative verification burden: customs/agency officials must verify WTO notification obligations and corresponding dates to apply the definition in investigations (Part 2).","Statutory linkage: integrates into subsection 269T(1) of the Customs Act and commences on the start of the Customs Amendment (Anti-dumping Measures) Act 2013, creating a dependency on that commencement (Authority and Commencement, Part 1).","Low legal complexity otherwise: no ancillary powers, exceptions, penalties or detailed procedures are created, limiting interpretive layers (entire instrument)."],"plain_english_summary":"This instrument defines \"compliance period\" for countervailing investigations as the two most recent biennial periods ending before the investigation is initiated in which a WTO Member was required to give new, full subsidy notifications to the WTO. It matters to importers, exporters and customs investigators because it fixes the historical time window used to assess subsidy notification records when deciding countervailing measures."}},"importantCases":[],"_links":{"self":"/api/acts/customs-definition-of-compliance-period-determination-2013","history":"/api/acts/customs-definition-of-compliance-period-determination-2013/history","analysis":"/api/acts/customs-definition-of-compliance-period-determination-2013/analysis","conflicts":"/api/acts/customs-definition-of-compliance-period-determination-2013/conflicts","importantCases":"/api/acts/customs-definition-of-compliance-period-determination-2013/important-cases","documents":"/api/acts/customs-definition-of-compliance-period-determination-2013/documents"}}