Anti-Dumping Authority Act 1988

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Anti‑Dumping Authority Act 1988.

2 Commencement [see Note 1]

This Act commences on a day to be fixed by Proclamation.

3 Definitions

(1) In this Act, unless the contrary intention appears:

anti‑dumping matter means a matter relating to:

(a) the imposition of duties under the Dumping Duty Act; or

(b) the operation of the Dumping Duty Act or of Part XVB of the Customs Act 1901.

application has the same meaning as it has for the purposes of Part XVB of the Customs Act 1901.

approved form means a form approved under section 3AA.

Authority means the Anti‑Dumping Authority established by section 4.

CEO means the Chief Executive Officer of Customs.

countervailable subsidy has the same meaning as it has for the purposes of Part XVB of the Customs Act 1901.

countervailing duty notice means a notice published by the Minister under subsection 269TJ(1) or (2) or 269TK(1) or (2) of the Customs Act 1901.

country of export has the same meaning as it has for the purposes of Part XVB of the Customs Act 1901.

country of origin has the same meaning as it has for the purposes of Part XVB of the Customs Act 1901.

Dumping Duty Act means the Customs Tariff (Anti‑Dumping) Act 1975.

dumping duty notice means a notice published by the Minister under subsection 269TG(1) or (2) or 269TH(1) or (2) of the Customs Act 1901.

inquiry means an inquiry conducted by the Authority under this Act.

inquiry period, in relation to an application for a dumping duty notice or a countervailing duty notice in respect of goods, means a period starting on a day specified by the Authority under paragraph 23(2)(d) in relation to the examination of importations of goods and ending on the day the Authority commences to prepare its report for the Minister.

interested party has the same meaning as it has for the purposes of Part XVB of the Customs Act 1901.

like goods, in relation to goods under consideration, has the same meaning as it has for the purposes of Part XVB of the Customs Act 1901.

member means the member of the Authority.

negative preliminary finding, in relation to goods the subject of an application under section 269TB of the Customs Act 1901, means a preliminary finding under section 269TD of that Act to the effect that there are not sufficient grounds for the publication of a dumping duty notice or countervailing duty notice in respect of the goods the subject of the application or that there will not be sufficient grounds for such publication subsequent to the importation into Australia of such goods.

negative prima facie decision means:

(a) a decision of the CEO under subsection 269TC(1) of the Customs Act 1901 rejecting an application made under subsection 269TB(1) of that Act; or

(b) a decision of the CEO under subsection 269TC(2) of that Act rejecting an application made under subsection 269TB(2) of that Act.

transfer day means the day on which the items in Schedule 1 to the Customs Legislation (Anti‑dumping Amendments) Act 1998 (other than item 39) commence.

(2) A reference in this Act to goods the subject of an application under section 269TB of the Customs Act 1901 is a reference to goods referred to in the application:

(a) that have been imported into Australia;

(b) that are likely to be so imported; or

(c) that may be so imported, being like goods to goods to which paragraph (a) or (b) applies.

(3) The fact that an inquiry period is specified to start at a particular time does not imply that the Minister may not examine periods before that time for the purpose of determining whether material injury has been caused to Australian industry or to an industry of a third country.

3AA Approved forms

(1) In this Act, a reference to an approved form is a reference to a form that is approved, by instrument in writing, by the member. (2) The instrument by which a form is approved under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

3A Anti‑dumping measures not to apply to goods of New Zealand origin

(1) This Act, so far as it relates to duty that may become payable under section 8 or 9 of the Dumping Duty Act, does not apply to goods that are the produce or manufacture of New Zealand. (2) Division 1A of Part VIII of the Customs Act 1901 applies in determining the question whether goods are the produce or manufacture of New Zealand for the purposes of this Act in the same way that it applies in determining that question for the purposes of Part XVB of that Act. (3) In this section:

goods includes goods imported into Australia before the commencement of this section.

Part II—Establishment, functions and powers of Anti‑Dumping Authority

4 Establishment

An Anti‑Dumping Authority is established.

5 Functions

The functions of the Authority are:

(a) to recommend to the Minister under section 7 whether the Minister should publish a dumping duty notice or a countervailing duty notice in respect of goods and, where applicable, whether notices should be given under subsection 269TG(4) or 269TJ(3) of the Customs Act 1901;

(b) to recommend to the Minister under section 7 whether the Minister should, under section 269TAJ of the Customs Act 1901 revoke or partly revoke a notice under Part XVB of that Act or release or partly release a person from an undertaking given under that Part;

(ba) to review under section 7A any decision by the Comptroller to terminate his or her investigation of an exporter or of a country of export;

(c) to review under section 8 negative prima facie decisions and negative preliminary findings;

(ca) to recommend to the Minister under section 8A whether an anti‑dumping measure within the meaning of that section should be continued; and

(d) to prepare and give to the Minister reports under section 9.

6 Powers

In addition to any other power conferred on it by this Act, the Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

7 Authority may make recommendations on publication of dumping duty notices etc.

(1) Where, in relation to an application under section 269TB of the Customs Act 1901:

(a) the CEO refers to the Authority under subsection 269TD(2) of the Customs Act 1901 the question whether the publication of a dumping duty notice or countervailing duty notice sought in respect of the goods the subject of the application is justified; or

(b) the Authority revokes, under subsection 8(2), a negative preliminary finding relating to such goods and substitutes a preliminary finding to the effect that there are sufficient grounds for the publication of a dumping duty notice or countervailing duty notice in respect of the goods the subject of the application or that there will be sufficient grounds for such publication subsequent to the importation into Australia of such goods;

the Authority shall, after holding an inquiry into the matter and before the expiration of a period of 120 days, or, if another period is prescribed by the regulations for the purpose, before the expiration of that other period, after the reference, give to the Minister a report:

(c) recommending whether any such notice should be published and the extent of any duties that are or should be payable under the Dumping Duty Act in consequence of such notice;

(d) in particular recommending whether the Minister ought to be satisfied as to the matters in respect of which the Minister is required to be satisfied before such a notice can be published;

(e) recommending, where applicable:

(i) whether the Minister ought to give to the government of the country of export or to the exporter a notice under subsection 269TG(3D) or 269TJ(2A) of the Customs Act 1901; or

(ii) whether the Minister ought to accept an undertaking the terms of which have been considered by the Authority under section 7C; and

(f) which shall include all reasons for any recommendations.

(2) In a report under subsection (1) in relation to goods the subject of an application under subsection 269TB(1) of the Customs Act 1901, the Authority’s recommendations shall, to the extent that it is practicable to do so, also relate to any like goods not covered by the application but imported into Australia during the period commencing on the day on which:

(a) the CEO made, under subsection 269TD(2) of that Act, a finding that there were sufficient grounds for the publication of a dumping duty notice or countervailing duty notice in respect of the goods the subject of the application or that there would be sufficient grounds for such publication subsequent to the importation into Australia of such goods; or

(b) where the CEO did not make such a finding in relation to the goods the subject of the application—the Authority, under subsection 8(2) of this Act, substituted such a finding in substitution for a negative preliminary finding of the CEO in relation to the goods the subject of the application;

and ending on the day on which the report is given to the Minister. (3) Where an application is made in accordance with subsection (4) for the Authority to hold an inquiry into whether the Minister should revoke a notice under subsection 8(5), 9(5), 10(3B) or 11(5) of the Dumping Duty Act or should, under section 269TAJ of the Customs Act 1901, revoke or partly revoke a notice under Part XVB of that Act or release or partly release a person from an undertaking given under that Part, the Authority shall, after holding an inquiry into the matter and before the expiration of a period of 120 days, or, if another period is prescribed by the regulations for the purpose, before the expiration of that other period, after the application, give to the Minister a report recommending:

(a) whether the notice should be revoked; or

(b) whether the person should be released from the undertaking;

as the case requires. (4) An application for the holding of an inquiry under subsection (3) must, subject to subsection (4A):

(a) be in the form approved by the Authority; and

(aa) be made before the transfer day; and

(b) be made by:

(i) if the application concerns a notice under the Dumping Duty Act or a notice under Part XVB of the Customs Act 1901—a person concerned in the importation or exportation of goods to which the notice relates; or

(ii) if the application concerns an undertaking given under Part XVB of the Customs Act 1901—the person who gave the undertaking.

(4A) An application for the holding of an inquiry into whether the Minister:

(a) should revoke a notice under subsection 8(5), 9(5), 10(3B) or 11(4) of the Dumping Duty Act; or

(b) should, under section 269TAJ of the Customs Act 1901, revoke or partly revoke a notice under Part XVB of that Act or release or partly release a person from an undertaking given under that Part;

must not be made until after 12 months have elapsed from the date of publication of the notice or the date of acceptance of the undertaking. (6) In reaching a decision as to the recommendations to make in its report, the Authority shall have regard to all the submissions received by the Authority within the period specified in the notice of inquiry under section 23 but, subject to subsection (7), may disregard any submissions received after the end of that period. (7) In reaching a decision as to the recommendation to make in its report, the Authority:

(a) must have regard to any submission:

(i) that relates to the statement of essential facts placed on the public record under subsection 23A(8); and

(ii) that is received by the Authority within 7 days after placing the statement on the record; but

(b) may disregard any submission received more than 7 days after placing the statement on the record.

7A Review of termination decision under section 269TDA of the Customs Act 1901

(1) If:

(a) the Comptroller has decided under section 269TDA of the Customs Act 1901 to terminate an investigation so far as it relates to a particular exporter or country of export; and

(b) the decision has been referred to the Authority for review;

the Authority must, within 60 days after the decision is referred to it:

(c) confirm the decision; or

(d) reject the decision and substitute a finding to the effect:

(i) that there are sufficient grounds for the publication of a notice applied for in respect of the goods the subject of the application; or

(ii) that there will be sufficient grounds for such publication subsequent to the importation into Australia of such goods; or

(e) reject the decision and remit the investigation to the Comptroller.

(2) The Authority must:

(a) give public notice of the decision made by the Authority on a review under this section; and

(b) give written notice of the decision to the Comptroller and the exporter concerned.

(3) In conducting a review under this section, the Authority must not have regard to any information that was unavailable to the Comptroller at the time the Comptroller made the decision to terminate the investigation.

7B Termination of inquiry by Authority

Authority must terminate inquiry if all dumping margins are negligible (1) If:

(a) application has been made for a dumping duty notice; and

(b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and

(c) so far as that inquiry relates to an exporter to Australia of goods the subject of the application, the Authority is satisfied that:

(i) there has been no dumping by the exporter of any of those goods; or

(ii) there has been dumping by the exporter of some or all of those goods but the dumping margin for the exporter, or each such dumping margin, worked out under section 269TACB of the Customs Act 1901, when expressed as a percentage of the export price or weighted average of export prices used to establish that dumping margin, is less than 2%;

the Authority must recommend to the Minister that the inquiry be terminated so far as the exporter is concerned. Authority must terminate if countervailable subsidisation is negligible (2) If:

(a) application is made for a countervailing duty notice; and

(b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and

(c) so far as that inquiry relates to an exporter to Australia of goods the subject of the application, the Authority is satisfied that:

(i) no countervailable subsidy has been received in respect of any of those goods; or

(ii) a countervailable subsidy has been received in respect of some or all of those goods but it never, at any time after the start of the inquiry period, exceeded the negligible level of countervailable subsidy worked out under subsection 269TDA(16) of the Customs Act 1901 as applied by subsection (7) of this section;

the Authority must recommend to the Minister that the inquiry be terminated so far as the exporter is concerned. Authority must terminate inquiry if negligible volumes of dumping are found (3) If:

(a) application has been made for a dumping duty notice; and

(b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and

(c) during the inquiry the Authority becomes satisfied that the total volume of the goods the subject of the application:

(i) that have been, or may be, exported to Australia over a reasonable examination period from a particular country of export; and

(ii) that have been, or may be, dumped;

is negligible;

the Authority must terminate the inquiry so far as it relates to that country. Authority must terminate if negligible volumes of countervailable subsidisation are found (4) If:

(a) application is made for a countervailing duty notice; and

(b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and

(c) during the inquiry the Authority becomes satisfied that the total volume of the goods the subject of the application:

(i) that have been, or may be, exported to Australia from a particular country of export during a reasonable examination period; and

(ii) in respect of which a countervailable subsidy has been or may be received;

is negligible;

the Authority must terminate the inquiry so far as it relates to that country. Authority must terminate if dumping causes negligible injury (5) If:

(a) application is made for a dumping duty notice; and

(b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and

(c) during the inquiry the Authority becomes satisfied, in relation to goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, that:

(i) there has been, or may be, dumping of some or all of those goods; but

(ii) the injury, if any, to an Australian industry or an industry in a third country that has been or may be caused by that dumping is negligible;

the Authority must terminate the inquiry so far as it relates to that country. Authority must terminate investigation if subsidisation causes negligible injury (6) If:

(a) application is made for a countervailing duty notice; and

(b) that application has become the subject of an inquiry under subsection 7(1) by the Authority; and

(c) during the inquiry, the Authority becomes satisfied, in relation to goods the subject of the application that have been, or may be, exported to Australia from a particular country of export, that:

(i) a countervailable subsidy has been, or may be, received in respect of some or all of those goods; but

(ii) the injury, if any, to an Australian industry or an industry in a third country has been, or may be, caused by the subsidisation is negligible;

the Authority must terminate the inquiry so far as it relates to that country. Application of provisions of the Customs Act 1901 (7) Subsections 269TDA(4), (5), (6), (8), (9), (10), (11), (12), (15), (16) and (17) of the Customs Act 1901 apply for the purposes of an inquiry under subsection 7(1) of this Act in the same manner as they apply for the purposes of an investigation under the Customs Act 1901 but as if:

(a) references to the Comptroller were references to the Authority; and

(b) the references in subsection (17) to the investigation period were references to the inquiry period.

7C Authority may consider recommending to the Minister whether undertaking should be accepted

(1) If a person has applied for a dumping duty notice or a countervailing duty notice in respect of goods, the government of the country of export of the goods the subject of the application or an exporter of such goods may, at any time during an inquiry under subsection 7(1), indicate in writing to the Authority the terms in which the government or exporter would be prepared to give an undertaking to the Minister. (2) If the terms of a proposed undertaking are given to the Authority by a government or an exporter, the Authority must, subject to subsection (3), consider those terms and, by notice in writing given to the party offering the undertaking, indicate:

(a) whether it would be prepared to recommend the acceptance of the undertaking by the Minister; or

(b) if it is not prepared to do so, the reasons why it is not prepared to do so.

(3) The Authority is not obliged to consider the terms of any proposed undertaking, provided by an exporter or a government, if to do so would prevent the timely completion of a report by the Authority to the Minister under section 7. (4) A government or an exporter may, having regard to the reasons given to it by the Authority, indicate to the Authority that the government or exporter is prepared to give an undertaking to the Minister in revised terms. (5) The Authority may, when it makes a report to the Minister under section 7:

(a) inform the Minister of the terms or revised terms of an undertaking and recommend whether or not it should be accepted; or

(b) recommend to the Minister that he or she seek an undertaking from a government or an exporter and set out the terms of the undertaking that it recommends the Minister seek.

8 Review of prima facie decisions and preliminary findings

(1) Where:

(a) an application is made under section 269TB of the Customs Act 1901 requesting the Minister to publish a dumping duty notice or a countervailing duty notice in respect of the goods the subject of the application;

(b) the CEO has made a negative prima facie decision in relation to the application; and

(c) the applicant refers the decision to the Authority for review;

the Authority shall, after reviewing the decision and within 60 days after the decision is referred to it, confirm the decision, or revoke the decision and substitute a decision accepting the application, and shall, by notice in writing, inform the CEO accordingly. (2) Where:

(a) an application is made under section 269TB of the Customs Act 1901 requesting the Minister to publish a dumping duty notice or a countervailing duty notice in respect of the goods the subject of the application;

(b) the CEO has made a negative preliminary finding in relation to the application; and

(c) the applicant refers the finding to the Authority for review;

the Authority shall, after reviewing the finding and within 60 days after the finding is referred to it, confirm the finding, or reject the finding and substitute a finding to the effect that there are sufficient grounds for the publication of a dumping duty notice or countervailing duty notice in respect of the goods the subject of the application or that there will be sufficient grounds for such publication subsequent to the importation into Australia of such goods, and shall, by notice in writing, inform the CEO accordingly. (3) In conducting a review, the Authority shall not have regard to any information that was unavailable to the CEO at the time the CEO made the negative prima facie decision or the negative preliminary finding, as the case may be.

8A Authority may make recommendations of continuation of dumping duty notices etc.

(1) Not later than 8 months before an anti‑dumping measure expires, the Authority must, subject to subsections (1A) and (1B), publish in the Gazette and in a newspaper circulating in each State, in the Australian Capital Territory and in the Northern Territory, a notice:

(a) informing that the dumping duty notice, countervailing duty notice or undertaking is due to expire on a specified day (the specified expiry day); and

(b) inviting interested parties to apply to the Authority in accordance with this section, within 60 days, for the continuation of the anti‑dumping measure.

(1A) If the Minister makes a declaration under paragraph 269ZG(3)(b) of the Customs Act 1901, the original dumping duty notice or countervailing duty notice and that notice as modified because of that declaration are both to be treated, for the purpose of this section as if they had been issued at the time of the issue of the original notice. (1B) Subsection (1) does not apply in relation to an anti‑dumping measure due to expire more than 8 months after the transfer day. (2) If no application is received by the Authority within the period specified in the notice then, on the specified expiry day:

(a) the dumping duty notice expires; or

(b) the countervailing duty notice expires; or

(c) the person who gave the undertaking is taken to be released from the undertaking;

as the case requires. (3) An application must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be signed in the manner indicated in the form.

(4) If:

(a) an application is received for the continuation of an anti‑dumping measure; and

(b) the Authority is satisfied that the application complies with the requirements of this section;

the Authority must, within 120 days or such other period as is prescribed after the receipt of the application, give the Minister a report recommending whether the measure should be continued. (5) For the purpose of giving the Minister a report in respect of a matter, the Authority must hold an inquiry into the matter. (7) If an inquiry is held under subsection (5), the Authority must have regard to all the submissions it receives within the period specified in the notice of inquiry under section 23 but may disregard any submission received after the end of that period. (7A) The Authority must not recommend the continuation of an anti‑dumping measure unless it is satisfied that the expiration of the notice would lead, or would be likely to lead, to a continuation of, or recurrence of the material injury that the anti‑dumping measure is intended to prevent. (8) The Minister may, after having regard to the report in relation to the continuation of an anti‑dumping measure and before the specified expiry day, take steps to secure the continuation of the measure. (9) If the Minister does not take steps to secure the continuation of an anti‑dumping measure before the specified expiry day, the measure expires in accordance with section 269TM of the Customs Act 1901. (10) If the Minister decides to secure the continuation of an anti‑dumping measure, the continuation of that measure is so secured:

(a) if the measure is a dumping duty notice or a countervailing duty notice—by the Minister determining, in writing, that the notice continues in force after the specified expiry day; and

(b) if the measure is an undertaking—by the person who gave that undertaking agreeing to extend the undertaking beyond the specified expiry day or, if the person will not so agree, by the Minister publishing a dumping duty notice or a countervailing duty notice to take effect from the day after the specified expiry day in substitution for that undertaking.

(11) If the Minister secures the continuation of an anti‑dumping measure in accordance with this section, the measure continues in force for a period of 5 years after the specified expiry day unless:

(a) in the case of a dumping duty notice or countervailing duty notice—it is revoked before the end of that period; or

(b) in the case of an undertaking—provision is made for its earlier expiration.

(12) In this section:

anti‑dumping measure means:

(a) a dumping duty notice or a countervailing duty notice; or

(b) an undertaking given under subsection 269TG(4) or 269TJ(3) of the Customs Act 1901;

that is in force when this section commences or that comes into force after this section commences.

8B Review of negative preliminary decision under section 269X

(1) If:

(a) an application is made under section 269V of the Customs Act requesting an assessment of duty on goods entered for home consumption during a particular importation period; and

(b) the CEO has made a negative preliminary decision in relation to the application; and

(c) the applicant, before the transfer day, refers the negative preliminary decision to the Authority for review;

the Authority must, after reviewing the decision and within 90 days after the decision is referred to it:

(d) confirm the recommendation to which the decision related; or

(e) revoke the recommendation and substitute any other recommendation that the CEO might have made;

and must, by notice in writing, inform the applicant and the CEO accordingly. (2) In conducting a review, the Authority must only have regard to that information to which the CEO had regard in making the negative preliminary decision in respect of which the review is sought. (3) The Authority must, as soon as practicable but not later than 7 days after deciding whether to confirm the recommendation of the CEO or to revoke the recommendation and substitute another recommendation, recommend to the Minister that the Minister give effect to the recommendation as so confirmed or as so substituted.

9 Reports on anti‑dumping matters

(1) The Minister may, by notice in writing delivered to the Authority before the transfer day, request the Authority to consider, and prepare and give to the Minister a report on, an anti‑dumping matter specified in the notice, and the Authority shall comply with the request as soon as practicable. (2) The Authority may, where it considers it appropriate to do so, consider, and prepare and give to the Minister a report on, any anti‑dumping matter. (3) For the purposes of subsection (2), the Authority must not:

(a) commence to consider an anti‑dumping matter on or after the transfer day; and

(b) report to the Minister later than 120 days after commencing its consideration of that matter.

10 Matters to which Authority is to have regard

Without limiting the matters to which the Authority may have regard in performing its functions and exercising its powers, the Authority shall, in performing its functions and exercising its powers, have regard to:

(a) the Commonwealth Government’s policy in relation to anti‑dumping matters; and

(b) Australia’s obligation under the General Agreement on Tariffs and Trade;

not to use the imposition of duties under the Dumping Duty Act to assist import competing industries in Australia or to protect industries in Australia from the need to adjust to changing economic conditions.

11 Authority to have regard to same considerations as Minister in certain circumstances

(1) Where the Authority, in making a recommendation under section 7, or in reviewing under section 8 a negative prima facie decision or a negative preliminary finding, in respect of the goods the subject of an application under section 269TB of the Customs Act 1901, is required to determine any matter ordinarily required to be determined by the Minister, the Authority shall determine the matter in like manner as if it was the Minister and, subject to subsection (4), having regard to the same considerations as the considerations to which the Minister would be required to have regard if the Minister were determining the matter. (2) Subsection (1) applies in respect of goods that have not, at the time of the Authority’s determination of a matter in respect of those goods, being imported into Australia as if the Authority’s determination of the matter were being made after an importation of those goods into Australia, being an importation occurring at the time of the anticipated importation of those goods into Australia. (3) Nothing in subsection (1) shall be taken to imply that the determination of a matter by the Authority affects the power of the Minister to make a final determination in respect of that matter for the purposes of the Dumping Duty Act or of Part XVB of the Customs Act 1901. (4) If, in an inquiry under section 7, the Authority needs to determine:

(a) whether the price paid for goods has been paid in the ordinary course of trade; or

(b) whether goods exported to Australia have been dumped and the dumping margin in respect of those goods;

the references in section 269TAAD and 269TACB of the Customs Act 1901 to the investigation period are taken to be references to the inquiry period specified by the Authority for the purpose of that inquiry.

12 Minister may give directions to Authority

(1) The Minister may give to the Authority such written directions in connection with carrying out or giving effect to the Authority’s powers and duties under this Act as the Minister thinks fit, and the Authority shall comply with any directions so given. (2) A direction under subsection (1) shall not deal with carrying out or giving effect to the powers of the Authority in relation to a particular consignment of goods or to like goods to goods in a particular consignment but shall deal instead with the general principles for carrying out or giving effect to the Authority’s powers. (3) Where the Minister gives a direction to the Authority, the Minister shall:

(a) cause a written notice setting out particulars of the direction to be published in the Gazette as soon as practicable after giving the direction; and

(b) cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette.

(4) A notice setting out particulars of a direction is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Part III—Constitution of Authority

13 Member of Authority

(1) The Authority shall consist of one member appointed by the Governor‑General with effect from such day as is specified in the instrument of appointment. (2) The member shall be appointed on a full‑time basis or on a part‑time basis. (3) The member holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re‑appointment. (4) A person who has attained the age of 65 years shall not be appointed as the member and a person shall not be appointed as the member for a period that extends beyond the day on which the person will attain the age of 65 years. (5) The member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined, in writing, by the Minister. (6) The member may resign from office by writing signed by the member and delivered to the Governor‑General, but the resignation is not effective until it is accepted by the Governor‑General.

14 Acting member

(1) The Minister may appoint a person to act as the member:

(a) during a vacancy in the office of the member (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when the member is absent from Australia or is, for any other reason, unable to perform the functions of the office of the member;

but a person appointed to act during a vacancy shall not continue to act for more than 6 months. (2) Anything done by or in relation to a person purporting to act as the member is not invalid on the ground that:

(a) the occasion for the person’s appointment had not arisen;

(b) there is a defect or irregularity in connection with the person’s appointment;

(c) the person’s appointment had ceased to have effect; or

(d) the occasion for the person to act had not arisen or had ceased.

15 Associate members

(1) The Minister, after consultation with the member, may appoint persons to be associate members. (2) An associate member shall be appointed:

(a) for such period, not exceeding 12 months; or

(b) in order to conduct such inquiry;

as is specified in the instrument of appointment, but, subject to this Act, is eligible for re‑appointment. (3) An associate member may be appointed on a full‑time or part‑time basis. (4) Subject to this Part, an associate member holds office on such terms and conditions as the Minister determines in writing. (5) An associate member shall be deemed to be the member for the purposes of the exercise by the associate member of any powers, or the performance by the associate member of any functions or duties, of the member in relation to an inquiry, and, unless the contrary intention appears, a reference in this Act (other than this section) to the member shall, for those purposes, be construed as including a reference to an associate member.

16 Outside employment

(1) The member shall not, except with the consent of the Minister:

(a) if appointed on a full‑time basis—engage in paid employment outside the duties of the office of member; or

(b) if appointed on a part‑time basis—engage in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s functions.

(2) A reference in this section to paid employment includes a reference to the performance by a person of a service for which it could reasonably be expected the person will receive payment.

17 Disclosure of interests

The member shall give written notice to the Minister of all direct and indirect pecuniary interests that the member has or acquires in any business in Australia or elsewhere or in any body corporate carrying on such a business.

18 Leave of absence

(1) Subject to section 87E of the Public Service Act 1922, a full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may:

(a) grant a full‑time member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and

(b) grant a part‑time member leave to be absent from a meeting or meetings of the Authority.

19 Retirement from office

The Governor‑General may, with the consent of the member, retire the member from office on the ground of invalidity.

20 Suspension and removal from office

(1) The member shall not be removed from office except as provided by this section. (2) The Governor‑General may suspend the member from office on the ground of misbehaviour or physical or mental incapacity. (3) Where the Governor‑General suspends the member from office, the Minister shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension. (4) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member should be restored to office and, if each House so passes a resolution, the Governor‑General shall terminate the suspension. (5) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor‑General may remove the member from office. (6) If the member:

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for the benefit of those creditors;

(b) fails, without reasonable excuse, to comply with the member’s obligations under section 17;

(c) being appointed on a full‑time basis, engages in any paid employment outside the duties of the office of the member; or

(d) being appointed on a part‑time basis, engages in any paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s functions;

the Governor‑General shall remove the member from office. (8) The member is not entitled to be paid any remuneration or allowances in respect of a period during which the member is suspended from office unless the member is restored to office.

20A Removal taken to be retirement on ground of invalidity

(1) If the member:

(a) is an eligible employee for the purposes of the Superannuation Act 1976; and

(b) is removed from office under section 20 on the ground of physical or mental incapacity;

for the purposes of that Act, the member is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which the suspension from office took effect. (2) In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member. (3) If the member:

(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

(b) is removed from office under section 20 on the ground of physical or mental incapacity;

for the purposes of that Act, the member is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which the suspension from office took effect. (4) In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.

20B Retirement on ground of invalidity under the Superannuation Acts

(1) In spite of anything contained in sections 19 and 20, a member who:

(a) is an eligible employee for the purposes of the Superannuation Act 1976; and

(b) has not reached his or her maximum retiring age within the meaning of that Act;

is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act. (2) In spite of anything contained in sections 19 and 20, a member who:

(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

(b) is under 60 years of age;

is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.

21 Remuneration and allowances

(1) The member shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Remuneration Tribunal is in operation, the person shall be paid such remuneration as is prescribed. (2) The member shall be paid such allowances as are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973.

Part IV—Inquiries

22 General conduct of inquiries

(1) Subject to this Act, in an inquiry:

(a) the procedure to be followed is within the Authority’s discretion; and

(b) the Authority:

(i) is not bound to act in a formal manner;

(ii) is not bound by the rules of evidence; and

(iii) may inform itself on any matter in such manner as it thinks fit.

(2) The Authority may, for the purposes of an inquiry, take evidence on oath or affirmation.

23 Public notice of inquiries

(1) Before the Authority commences to hold an inquiry under section 7 or 8A of this Act it must give public notice of that inquiry, by notice published in the Gazette and in a newspaper circulating in each State and in the internal Territories. (2) Without limiting the matters to be dealt with in a public notice, the notice must:

(a) describe the goods to which the inquiry relates; and

(b) if the inquiry is made under subsection 7(1)—set out the identity of the known exporters and of the countries of export known to be involved in the matter to which the inquiry relates; and

(c) set out the subject of the inquiry; and

(d) if the inquiry is made under subsection 7(1)—indicating the basis on which the dumping or countervailable subsidisation is alleged to have occurred; and

(e) if the inquiry is made under subsection 7(1)—indicate that the inquiry will be made on the basis of the examination of importations into Australia of like goods that are entered for home consumption after a day specified for the purposes of this paragraph; and

(f) summarise the factors alleged to constitute the basis for the inquiry; and

(g) invite interested parties to lodge with the Authority, within a specified period of not less than 40 days after the date of the public notice of the inquiry, submissions concerning the subject matter of the inquiry; and

(h) indicate the address at which, or the manner in which, such submissions can be lodged.

23A Authority to maintain public record for certain purposes

(1) The Authority must, in relation to an inquiry conducted under section 7 or section 8A:

(a) maintain a public record of the inquiry containing, subject to subsection (3), a copy of all submissions to the Authority from interested parties and all relevant correspondence between the Authority and other persons; and

(b) at the request of an interested party make that record available to that party for inspection.

(2) So far as concerns an inquiry under subsection 7(1), the public record must also contain the full public record of the preceding investigation by the Comptroller. (3) To the extent that information provided to the Authority by a person is claimed to be confidential or to be information whose publication would adversely affect a person’s business or commercial interests, the person giving that information must ensure that a summary of that information:

(a) that contains sufficient detail to allow a reasonable understanding of the substance of the information; but

(b) that does not breach that confidentiality or adversely affect those interests;

is given to the Authority for inclusion in the public record. (4) A person is not required to give the Authority a summary of information under subsection (3) for inclusion in the public record if the person satisfies the Authority that there is no way such a summary can be provided to allow a reasonable understanding of the substance of the information. (5) If oral information is given to the Authority by a person, the Authority must not take that information into account unless it is subsequently put in writing by the person or by the Authority and thereby becomes available, subject to considerations of confidentiality and to the need to protect business and commercial interests, as a part of the public record. (6) If:

(a) in relation to an inquiry referred to in subsection (1), a person claims that material is confidential or would adversely affect a person’s business or commercial interests; and

(b) the Authority indicates to the party that it disagrees with the claim;

but, despite the opinion of the Authority, the person making the claim will not:

(c) agree to the inclusion of the information in the public record; or

(d) prepare a summary of the information for inclusion in that record;

the Authority may disregard the information unless it is demonstrated that the information is correct. (7) If:

(a) in relation to an inquiry referred to in subsection (1), a person claims that material is confidential or would adversely affect a person’s business or commercial interests; and

(b) the Authority indicates to the party that it agrees with the claim;

but the person making the claim will not prepare a summary of the information for inclusion in the public record, the Authority may disregard the information unless it is demonstrated that the information is correct. (8) Before reporting to the Minister the Authority must ensure that there is placed on the public record a statement of the essential facts on which it proposes to base its report.

24 False or misleading evidence or information

(1) A person shall not:

(a) give to the Authority information, whether orally or in writing, or documents, that the person knows to be false or misleading in a material particular; or

(b) at an inquiry, give evidence, or produce a document, that the person knows to be false or misleading in a material particular.

Penalty:

(a) in the case of a natural person—$2,000; or

(b) in the case of a body corporate—$10,000.

(2) Subsection (1) does not apply to a document if, at the time when the person gives it to the Authority, produces it at an inquiry or sends it to the Authority, the person informs the Authority that it is false or misleading in a material particular and specifies in what respect it is, to the person’s knowledge, false or misleading in a material particular.

25 Protection of member

The member has, in the performance of his or her duties as the member, the same protection and immunity as a justice of the High Court.

26 Powers of Authority relating to documents produced

(1) The member, or a person assisting the member in the performance of his or her functions, may inspect any books or documents given to the Authority for the purposes of the performance of its functions or produced at an inquiry and may make copies of, or take extracts from, those books or documents. (2) A book or document so given or produced may be retained by the Authority for such reasonable period as is necessary for the purposes of the Authority, but during that period the Authority shall permit a person otherwise entitled to possession of the book or document to inspect, make copies of and take extracts from the book or document at such places and times as the Authority thinks appropriate.

27 Person prejudiced in employment because assisting Authority

(1) An employer shall not:

(a) dismiss an employee, or prejudice an employee in his or her employment, because the employee has assisted the Authority in connection with an inquiry; or

(b) dismiss or threaten to dismiss an employee, or prejudice or threaten to prejudice an employee in his or her employment, because the employee proposes to assist the Authority in connection with an inquiry.

Penalty:

(a) in the case of a natural person—$1,000; or

(b) in the case of a body corporate—$5,000.

(2) For the purposes of this section, a person shall be taken to assist the Authority in connection with an inquiry if, and only if, the person:

(a) gives information, whether orally or in writing, or gives documents, to the Authority in connection with the inquiry; or

(b) gives evidence, or produces documents, at the inquiry.

Part V—Miscellaneous

28 Availability of reports etc. of Authority

(1) As soon as practicable after giving to the Minister a copy of a report under section 7 or 9, or giving to the CEO a notice under section 8, the Authority shall:

(a) subject to subsection (2), make copies of the report, or notice, freely available to the public; or

(b) cause to be published in the Gazette a statement informing the public of the existence of the report or notice and of the manner in which copies of the report or notice may be obtained.

(2) The Authority shall ensure that all matters that would, in the Authority’s opinion, adversely affect the business or commercial interests of any person have been removed from the copies of reports and notices made available to the public.

29 Annual report

(1) The Authority shall, not later than 31 December in each year, prepare and give to the Minister a report on the Authority’s activities during the period of 12 months that ended on the preceding 30 June. (2) The Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report.

30 Provision of resources to Authority

(1) The member shall arrange with the Minister for sufficient resources (including personnel) to be made available to the Authority to enable the Authority to perform its functions effectively. (2) While a person is performing services for the Authority under such an arrangement, the person shall perform those services in accordance with the directions of the Authority.

31 Engagement of consultants

(1) The member may, on behalf of the Commonwealth, engage as consultants to the Authority persons having suitable qualifications and experience. (2) The terms and conditions of engagement of the persons engaged under subsection (1) are such as are determined by the member.

32 Authority may supply information

Subject to section 33, the Authority may supply to a person information received by it under this Act.

33 Confidentiality

(1) The member, a person whose services are being made available to the Authority under section 30 or a person engaged as a consultant under section 31 shall not, except for the purposes of this Act, supply information to a person if the supplying of the information would constitute a breach of confidence. (2) Subsection (1) does not apply to the supply of information to:

(a) the Minister;

(b) the Secretary to the Department;

(c) an officer of the Department designated by the Secretary to the Department;

(d) the CEO; or

(e) an officer of the Australian Customs Service designated by the CEO.

34 Conduct by directors, servants or agents

(1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. (2) Any conduct engaged in on behalf of a body corporate:

(a) by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;

shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate. (3) Where it is necessary, for the purposes of this Act, to establish the state of mind of a person in relation to conduct deemed by subsection (4) to have been engaged in by the person, it is sufficient to show that a servant or agent of the person, being a servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. (4) Conduct engaged in on behalf of a person other than a body corporate:

(a) by a servant or agent of the person within the scope of his or her actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the first‑mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent;

shall be deemed, for the purposes of this Act, to have been engaged in also by the first‑mentioned person. (5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the person’s intention, opinion, belief or purpose. (6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

35 Cessation of Act

(1) This Act shall cease to be in force on 31 August 2001. (2) When this Act so ceases to be in force, it shall be taken, for the purposes of section 8 of the Acts Interpretation Act 1901, to have been repealed by an Act other than this Act.

36 Regulations

The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.