(a) the applicant in respect of the application claims that information included in it is confidential or is information whose publication would adversely affect a person’s business or commercial interest; and
(b) the applicant fails to give a summary of that information to the Review Panel in accordance with section 269ZZY.
269ZZRA Review Panel may hold conferences
(1) The Review Panel may, at any time after receiving an application for a review, hold a conference of such persons or bodies as it considers appropriate for the purpose of obtaining further information in relation to the application or review.
(2) In making a decision on the review, the Review Panel may also have regard to:
(a) that further information to the extent that it relates to the information that was before the Commissioner when the Commissioner made the reviewable decision; and
(b) any conclusions reached at the conference based on the information that was before the Commissioner when the Commissioner made the reviewable decision.
(3) If the Review Panel decides to hold a conference at any time after receiving an application for a review and before beginning to conduct the review:
(a) the Review Panel must invite the applicant to attend the conference; and
(b) if the applicant fails to attend the conference and the Review Panel is not satisfied that the applicant has a reasonable excuse for the failure—the Review Panel may reject the application.
269ZZRB Review Panel may seek further information from the Commissioner
(1) In reviewing a reviewable decision under this Subdivision, the Review Panel may seek further information from the Commissioner in relation to information that was before the Commissioner when the Commissioner made the reviewable decision.
(2) In making a decision on the review, the Review Panel may also have regard to that further information.
269ZZRC Notification of review
Negative prima facie decisions, negative preliminary decisions and rejection decisions
(1) Before the Review Panel begins to conduct a review of a negative prima facie decision, a negative preliminary decision or a rejection decision, the Review Panel must give a notice to the applicant and the Commissioner indicating that the Review Panel proposes to conduct that review.
(2) A notice under subsection (1) must:
(a) describe the goods to which the application relates; and
(b) set out the decision that is sought to be reviewed and the grounds in relation to which the review is to be conducted.
Termination decision
(3) Before the Review Panel begins to conduct a review of a termination decision, the Review Panel must publish a notice on the Review Panel’s website indicating that the Review Panel proposes to conduct that review.
(4) A notice under subsection (3) must:
(a) describe the goods to which the application relates; and
(b) set out the decision that is sought to be reviewed and the grounds in relation to which the review is to be conducted.
269ZZS The review of a negative prima facie decision
(1) If an application for the review of a negative prima facie decision is not rejected under section 269ZZQA or 269ZZRA, the Review Panel must make a decision on the application by:
(a) affirming the reviewable decision; or
(b) revoking the reviewable decision and substituting a new decision accepting the application under subsection 269TB(1) or (2) (as the case requires).
(2) As soon as practicable after a new decision is substituted under subsection (1), the Commissioner must publish a notice under subsection 269TC(4) in respect of the application referred to in paragraph (1)(b).
(3) Subject to subsections 269ZZRA(2) and 269ZZRB(2), in making a decision under this section, the Review Panel must have regard only to information that was before the Commissioner when the Commissioner made the reviewable decision.
(4) The Review Panel’s decision must be made within 60 days after the giving of the notice under subsection 269ZZRC(1) to the applicant or such longer period allowed by the Minister in writing because of special circumstances.
269ZZT The review of a termination decision
(1) If an application for the review of a termination decision is not rejected under section 269ZZQA, 269ZZR or 269ZZRA, the Review Panel must make a decision on the application by:
(a) affirming the reviewable decision; or
(b) revoking the reviewable decision.
(2) If the Review Panel revokes a reviewable decision (other than a decision under subsection 269ZDBEA(2)):
(a) unless paragraph (b) applies:
(i) as soon as practicable after the revocation, the Commissioner must publish a statement of essential facts under section 269TDAA in relation to the application for a dumping duty notice or countervailing duty notice that is related to the review; and
(ii) after that publication, the investigation of the application resumes under this Part; or
(b) if the reviewable decision was a decision under subsection 269ZDBEA(1):
(i) as soon as practicable after the revocation, the Commissioner must publish a statement of essential facts under section 269ZDBF in relation to the anti‑circumvention inquiry concerned; and
(ii) after that publication, the conduct of the anti‑circumvention inquiry concerned resumes under this Part.
(3) If the Review Panel revokes a reviewable decision under subsection 269ZDBEA(2), the conduct of the anti‑circumvention inquiry concerned resumes under this Part.
(4) Subject to subsections 269ZZRA(2) and 269ZZRB(2), in making a decision under this section, the Review Panel must have regard only to information that was before the Commissioner when the Commissioner made the reviewable decision.
(5) The Review Panel’s decision must be made within 60 days after the publication of the notice under subsection 269ZZRC(3) or such longer period allowed by the Minister in writing because of special circumstances.
(6) The Review Panel must publish its decision under this section on its website.
269ZZU The review of a negative preliminary decision
(1) If an application for the review of a negative preliminary decision is not rejected under section 269ZZQA or 269ZZRA, the Review Panel must make a decision on the application by:
(a) affirming the reviewable decision; or
(b) revoking the reviewable decision and substituting a new decision under subsection 269X(6).
(1A) The Review Panel may revoke a reviewable decision and substitute a new decision under subsection 269X(6) only if the new decision is materially different from the reviewable decision.
(2) If the Review Panel revokes a reviewable decision and substitutes a new decision under subsection 269X(6), the Review Panel must, within 7 days after making the new decision, recommend that the Minister give effect to that decision.
(3) Subject to subsections 269ZZRA(2) and 269ZZRB(2), in making a decision under this section, the Review Panel must have regard only to information of the kinds referred to in subsection 269X(5) that was before the Commissioner when the Commissioner made the reviewable decision.
(4) The Review Panel’s decision must be made within 60 days after the giving of the notice under subsection 269ZZRC(1) to the applicant or such longer period allowed by the Minister in writing because of special circumstances.
269ZZUA The review of a rejection decision
(1) If an application for the review of a rejection decision is not rejected under section 269ZZQA or 269ZZRA, the Review Panel must make a decision on the application by:
(a) affirming the rejection decision; or
(b) revoking the rejection decision.
(2) If the Review Panel revokes a rejection decision relating to an application under section 269V, subsection 269YA(5) ceases to apply in relation to the application.
(3) If the Review Panel revokes a rejection decision relating to rejection under subsection 269YA(2) or (3) of an application under section 269V:
(a) the Commissioner must resume the examination of the application with a view to complying with subsections 269X(5) and (6) within 110 days after being informed of the revocation; and
(b) the revocation does not prevent the Commissioner from terminating the examination under subsection 269YA(4).
(4) If the Review Panel revokes a rejection decision relating to termination under subsection 269YA(4) of the examination of an application under section 269V, the Commissioner must comply with subsections 269X(5) and (6) within 110 days after being informed of the revocation.
(5) Subject to subsections 269ZZRA(2) and 269ZZRB(2), in making a decision under this section, the Review Panel must have regard only to information that was before the Commissioner when the Commissioner made the rejection decision.
(6) The Review Panel’s decision must be made within 60 days after the giving of the notice under subsection 269ZZRC(1) to the applicant or such longer period allowed by the Minister in writing because of special circumstances.
269ZZV Effect of Review Panel’s decision
The Review Panel’s decision on a review:
(a) has effect as if it were a decision made by the Commissioner; and
(b) takes effect from the time the Review Panel makes the decision.
Subdivision D—Public record in relation to reviews
269ZZW Application
This Subdivision applies only to:
(a) an application for a review of a reviewable decision under Subdivision B; and
(b) an application for a review of a termination decision under Subdivision C.
269ZZX Public record maintained by Review Panel
(1) The Review Panel must, in relation to each application for a review:
(a) maintain a public record containing:
(i) a copy of the application; and
(ii) if the Review Panel seeks further information from the applicant—any such information given to the Review Panel by the applicant; and
(iii) if the application is an application for a review under Subdivision B—any submissions received under section 269ZZJ within the period of 30 days referred to in that section; and
(iv) a summary of further information obtained at a conference mentioned in section 269ZZHA or 269ZZRA; and
(b) at the request of an interested party in respect of the reviewable decision concerned, make that record available to that party for inspection.
(2) The public record must not contain any information in respect of which a summary is given to the Review Panel under subsection 269ZZY(1).
269ZZY Confidential and sensitive commercial information
(1) To the extent that information provided to the Review Panel by a person is claimed by the person to be:
(a) confidential; or
(b) information whose publication would adversely affect a person’s business or commercial interest;
the person giving that information must, at the time the information is given to the Review Panel, also give a summary of that information to the Review Panel for inclusion in the public record maintained under section 269ZZX.
(2) The summary must:
(a) contain sufficient detail to allow a reasonable understanding of the substance of the information; but
(b) does not breach the confidentiality or adversely affect the interests concerned.
Note: For the consequences of failing to comply with subsection (1), see sections 269ZZH and 269ZZR and subsection 269ZZK(5).
Part XVC—International Trade Remedies Forum
269ZZYA Simplified outline
The following is a simplified outline of this Part:
• This Part establishes the International Trade Remedies Forum.
• The Forum is to advise the Minister on the anti‑dumping provisions in Part XVB and in the Customs Tariff (Anti‑Dumping) Act 1975.
269ZZYB Establishment of International Trade Remedies Forum
The International Trade Remedies Forum is established by this section.
269ZZYC Functions of the Forum
The Forum has the following functions:
(a) to advise the Minister on the operation of Part XVB and of the Customs Tariff (Anti‑Dumping) Act 1975;
(b) to advise the Minister on improvements that could be made to that Part or Act.
269ZZYD Membership of the Forum
(1) The Forum consists of the following members:
(a) the Commissioner (within the meaning of Part XVB);
(b) 11 members, each of whom represents one or more of the following groups:
(i) Australian producers;
(ii) Australian manufacturers;
(iii) Australian industry bodies;
(iv) Australian importers;
(c) 4 members who represent Australian trade unions;
(d) such number of members to represent the Commonwealth as the Minister thinks fit;
(e) such other members (if any) as the Minister thinks fit.
(2) Each of the groups mentioned in paragraph (1)(b) must be represented by at least one of the 11 members referred to in that paragraph.
269ZZYE Appointment of Forum members
(1) Each member of the Forum (except the Commissioner (within the meaning of Part XVB)) is to be appointed by the Minister by written instrument.
(2) Each member of the Forum (except the Commissioner (within the meaning of Part XVB)) holds office on a part‑time basis.
(3) Each member of the Forum (except the Commissioner (within the meaning of Part XVB)) holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901.
(4) An appointment under this section is not a public office for the purposes of Part II of the Remuneration Tribunal Act 1973.
269ZZYF Resignation
(1) A member of the Forum (except the Commissioner (within the meaning of Part XVB)) may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
269ZZYG Forum meetings
Number of meetings
(1) The Forum must meet at least twice each calendar year.
Commissioner to convene meetings
(2) The Commissioner (within the meaning of Part XVB) may convene a meeting at any time.
Presiding member
(3) The Commissioner (within the meaning of Part XVB) presides at all meetings at which he or she is present. The Commissioner may nominate a person to attend a meeting in his or her place and, if the Commissioner does so, that person presides.
Conduct of meetings
(4) The Minister may, by writing, determine the procedures to be followed at meetings of the Forum, including the number of members who are to constitute a quorum.
(5) A determination made under subsection (4) is not a legislative instrument.
(6) The Minister may, by signed instrument, delegate to the following the power of the Minister under subsection (4):
(a) the Commissioner (within the meaning of Part XVB);
(b) a Commission staff member (within the meaning of that Part).
269ZZYH Disclosure of information
(1) The Commissioner (within the meaning of Part XVB), or a Commission staff member (within the meaning of that Part), may disclose information (including personal information) obtained under this Part to an officer of Customs for the purposes of a Customs Act.
Interaction with the Privacy Act 1988
(2) For the purposes of the Privacy Act 1988, the disclosure of personal information under subsection (1) is taken to be a disclosure that is authorised by this Act.
Definition
(3) In this section:
personal information has the same meaning as in the Privacy Act 1988.
Part XVI—Regulations and by‑laws
270 Regulations
(1) The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to this Act, and in particular for prescribing:
(a) the nature, size, and material of the packages in which imported goods or goods for export, or goods for conveyance coastwise from any State to any other State, are to be packed, or the coverings in which they are to be wrapped;
(b) the maximum or minimum weight or quantity of imported goods, or goods for export, or goods for conveyance coastwise from any State to any other State which may be contained in any one package;
(d) the conditions as to purity, soundness, and freedom from disease to be conformed to by goods for export; and
(e) the conditions of carriage of goods subject to customs control, and the obligations of persons accepting such goods for carriage.
(1A) The regulations may make provision for and in relation to the following:
(a) the charging and recovery of fees in respect of any matter under this Act or the regulations;
(b) the way, including the currency, in which fees are to be paid;
(c) the persons who may be paid fees on behalf of the Commonwealth;
(d) the remission, refund or waiver of fees of a kind referred to in paragraph (a) or the exempting of persons from the payment of such fees.
(2) The regulations may prescribe penalties not exceeding $1,000 in respect of any contravention of any of the regulations.
(3) The power to make regulations for the purposes of the definition of airport shop goods in subsection 4(1) extends to making regulations that:
(a) declare local use goods to be airport shop goods for the purposes of section 96B; or
(b) declare a class of local use goods, or a class of goods that includes local use goods, to be a class of airport shop goods for the purposes of that section.
(3A) Where, in any regulations made for the purposes of this Act, reference is made to the document known as the Australian Harmonized Export Commodity Classification published by the Australian Bureau of Statistics, that reference shall, unless the contrary intention appears in those regulations, be read as a reference to that document as so published and as in force from time to time.
(4) The power to make regulations for the purposes of paragraph 96B(3)(b) or (c) extends to making regulations that prescribe quantities in relation to airport shop goods that are local use goods.
(5) In subsections (3) and (4), local use goods means goods: