Commonwealth legislation

Customs (Definition of “small-medium enterprise”) Determination 2013

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

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What this does: This instrument defines what counts as a "small-medium enterprise" (SME) for Australia's anti-dumping and customs laws.

Who it affects: Australian manufacturers and producers involved in trade disputes about dumped (unfairly cheap) imports.

The definition: A business qualifies as an SME if it meets all three criteria:

Staff limit: 200 or fewer full-time employees
Independence: Operated independently (not controlled by another entity)
Corporate status: Not a "related body corporate" under the Corporations Act 2001 (meaning it's not part of a larger group of companies)

Why it matters: This threshold determines which businesses get special procedural protections, fee arrangements, or support when dealing with anti-dumping investigations and customs matters.

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Current sections

Direct links to the current provisions in Customs (Definition of “small-medium enterprise”) Determination 2013.

Customs (Definition of “small-medium enterprise”) Determination 2013

COMMONWEALTH OF AUSTRALIA

Customs Act 1901

Customs (Definition of “small-medium enterprise”) Determination 2013

I, Ian Macfarlane, Minister for Industry, make this determination under subsection 269T(1B) of the Customs Act 1901.

Dated 18th December 2013

Signed: Ian Macfarlane

___________________________________________

Ian Macfarlane

Minister for Industry

Part 1 Preliminary

Name

This instrument is the Customs (Definition of “small-medium enterprise”) Determination 2013.

Authority

This instrument is made under subsection 269T(1B) of the Customs Act 1901 for the purposes of the definition of small-medium enterprise in subsection 269T(1).

Commencement

This instrument commences on commencement of the Customs Amendment (Anti-dumping Measures) Act 2013.

Part 2 Definition of small-medium enterprise

Definition of small-medium enterprise in subsection 269T(1)

(i) For subsection 269T(1) of the Customs Act 1901, the kinds of enterprises, for the purposes of the definition of small-medium enterprise, are prescribed as follows:

(a) a producer or manufacturer with 200 or less full-time staff, which is independently operated and which is not a related body corporate for the purposes of the Corporations Act 2001.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Customs (Definition of “small-medium enterprise”) Determination 2013

COMMONWEALTH OF AUSTRALIA

Customs Act 1901

Customs (Definition of “small-medium enterprise”) Determination 2013

I, Ian Macfarlane, Minister for Industry, make this determination under subsection 269T(1B) of the Customs Act 1901.

Dated 18th December 2013

Signed: Ian Macfarlane

___________________________________________

Ian Macfarlane

Minister for Industry

Part 1 Preliminary

Name

This instrument is the Customs (Definition of “small-medium enterprise”) Determination 2013.

Authority

This instrument is made under subsection 269T(1B) of the Customs Act 1901 for the purposes of the definition of small-medium enterprise in subsection 269T(1).

Commencement

This instrument commences on commencement of the Customs Amendment (Anti-dumping Measures) Act 2013.

Part 2 Definition of small-medium enterprise

Definition of small-medium enterprise in subsection 269T(1)

(i) For subsection 269T(1) of the Customs Act 1901, the kinds of enterprises, for the purposes of the definition of small-medium enterprise, are prescribed as follows:

(a) a producer or manufacturer with 200 or less full-time staff, which is independently operated and which is not a related body corporate for the purposes of the Corporations Act 2001.