{"id":"F2023L01494","name":"Customs (Definition of “small-medium enterprise”) Determination 2023","slug":"customs-definition-of-small-medium-enterprise-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442174,"registerId":"F2023L01494-fast-fetch-1775957247009","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs (Definition of “small-medium enterprise”) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nCustoms (Definition of “small-medium enterprise”) Determination 2023\n\nI, Ed Husic, Minister for Industry and Science, make the following determination under subsection 269T(1B) of the Customs Act 1901.\n\nDated: 7 November 2023\n\nEd Husic\n\nMinister for Industry and Science\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\n5  Definition of a small-medium enterprise\n\nSchedule 1—Repeals\n\nCustoms (Definition of “small-medium enterprise\") Determination 2013\n\n \n\n1  Name\n\n  This instrument is the Customs (Definition of “small-medium enterprise”) Determination 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument On the day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 269T(1B) of the Customs Act 1901.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definition of a small-medium enterprise\n\nFor the purposes of subsection 269T(1) of the Customs Act 1901, the term small-medium enterprise is defined to mean a producer or manufacturer with 200 or fewer full time staff, which is independently operated and which is not a related body corporate for the purposes of the Corporations Act 2001.\n\n \n\n\n\n\nSchedule 1—Repeals\n\nCustoms (Definition of “small-medium enterprise”) Determination 2013\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2013 determination with an identical definition. The scope remains tightly focused on providing a single definitional threshold for SME status in customs anti-dumping proceedings. No expansion of purpose or application."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content)","Only 1 substantive provision (section 5) with the actual definition","Simple threshold test: 200 or fewer full-time employees","Only 2 external references: subsection 269T(1B) of the Customs Act 1901 (authority) and the Corporations Act 2001 (for 'related body corporate' definition)","No nested conditions, exceptions, or elaborate definitional sections","Primarily procedural content (name, commencement, authority, repeal of old instrument)"],"plain_english_summary":"This instrument sets the official test for a \"small-medium enterprise\" (SME) in customs and anti‑dumping cases: Australian manufacturers/producers with 200 or fewer full‑time employees that operate independently and aren’t part of a related corporate group. \n\nIt replaces the 2013 determination without changing the substantive definition, clarifying which businesses qualify for special consideration in anti‑dumping investigations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2013 Determination (Schedule 1) and sets the SME definition as a producer/manufacturer with ≤200 full‑time staff, independently operated, and not a related body corporate (s5). The text makes clear the prior instrument is repealed but does not include the 2013 wording, so whether the substantive scope has changed compared with the 2013 determination cannot be determined from this instrument alone. Authority for the change is the ministerial power in subsection 269T(1B) (s3)."},"complexity_factors":["Single clear numeric threshold (200 full‑time staff) but potential ambiguity in how to count staff (e.g. part‑time, casual, contractors) — see s5.","Cross‑reference to the Corporations Act definition of 'related body corporate' creates dependency on external legislation for qualification — see s5.","Limited substantive scope: applies only to 'producer or manufacturer', so many businesses are excluded by definition (s5).","Instrument operates by amending/repealing earlier secondary legislation, so assessing change requires comparing the 2013 instrument now repealed (Schedule 1).","Made under ministerial power in subsection 269T(1B) of the Customs Act 1901, indicating the definition is set by executive instrument rather than primary legislation (s3).","Commencement is immediate (the day after registration), so affected businesses must apply the definition promptly (s2).","Compliance burden on businesses to verify and document their employee counts, independent operation, and related‑body status for Customs purposes (s5).","Interplay with subsection 269T(1) of the Customs Act: effect depends on how that subsection uses 'small‑medium enterprise', which is not reproduced here (s5)."],"plain_english_summary":"This instrument sets out a legal definition of “small‑medium enterprise” for subsection 269T(1) of the Customs Act 1901: a producer or manufacturer with 200 or fewer full‑time staff, independently operated and not a related body corporate under the Corporations Act. It affects producers and manufacturers whose rights or obligations under the Customs Act turn on SME status by clarifying who qualifies and by repealing the earlier 2013 determination."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/customs-definition-of-small-medium-enterprise-determination-2023","history":"/api/acts/customs-definition-of-small-medium-enterprise-determination-2023/history","analysis":"/api/acts/customs-definition-of-small-medium-enterprise-determination-2023/analysis","conflicts":"/api/acts/customs-definition-of-small-medium-enterprise-determination-2023/conflicts","importantCases":"/api/acts/customs-definition-of-small-medium-enterprise-determination-2023/important-cases","documents":"/api/acts/customs-definition-of-small-medium-enterprise-determination-2023/documents"}}