Customs Amendment (Safeguard Inquiries)

The Commissioner must hold a safeguard inquiry if a matter is referred to the Commissioner by the Minister. A report on a safeguard inquiry is given to the Minister and tabled in Parliament. 269ZHGB Safeguard inquiries function The Commissioner has the following functions: (a) holding safeguard inquiries and reporting to the Minister about those inquiries; (b) doing anything incidental to the function referred to in paragraph (a).

7 Subsections 269SMB(1) and (2) Repeal the subsections, substitute: The body that was continued in existence under this section as previously in force by the name Anti‑Dumping Commission is now to be known as the Australian Trade Remedies Commission. Note: Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a body whose name is altered by an Act continues in existence under the new name so that its identity is not affected.

269ZHGC Establishing a safeguard inquiry Minister’s referral power (1) The Minister may refer a matter to the Commissioner for the Commissioner to conduct a safeguard inquiry in relation to the matter. (2) In referring a matter to the Commissioner, the Minister may, for the purpose of ensuring the inquiry is conducted in the manner appropriate to that inquiry and consistent with the Safeguards Agreement, do any or all of the following: (a) require the Commissioner to hold hearings for the purposes of the inquiry; (b) specify a period within which the Commissioner must submit the Commissio

Recommendation types and duration (4) If the Commissioner is required to make a recommendation in relation to the matter in accordance with paragraph (2)(d), the recommendation must: (a) consist of one or more of the following: (i) a safeguard measure should apply; (ii) a safeguard measure should not apply; (iii) a provisional safeguard measure should apply; (iv) a provisional safeguard measure should not apply; (v) an existing safeguard measure should be extended for a specified period of 1 year or less; (vi) an existing safeguard measure should be extended for a specified period of m

Preconditions for positive recommendations (5) Before making a recommendation in relation to the matter that consists of a measure referred to in subparagraph (4)(a)(i), (iii), (v) or (vi), the Commissioner must: (a) be satisfied there has been an increase in importation of goods to which the matter relates as a result of unforeseen developments that is causing serious injury, or threatening to cause serious injury, to a like Australian industry for the goods, having regard to all relevant evidence of an objective and quantifiable nature having a bearing on the situation of that industry inc

269ZHGF Notice of safeguard inquiry As soon as practicable after the Commissioner receives a reference to hold a safeguard inquiry, the Commissioner must give reasonable notice, by publishing a notice on the Australian Trade Remedies Commission’s website, of the Commissioner’s intention to hold the inquiry. 269ZHGG Notice of hearings Before the Commissioner begins to hold hearings for the purposes of a safeguard inquiry, the Commissioner must give reasonable notice, by publishing a notice on the Australian Trade Remedies Commission’s website, of the Commissioner’s intention to hold the hear

269ZHGE Report of safeguard inquiry to be tabled The Minister must cause a copy of the Commissioner’s report on a safeguard inquiry to be tabled in each House of the Parliament: (a) within 25 sitting days of that House after the day on which the Minister receives it; or (b) if the Commissioner recommends that the tabling of the report, or part of the report, be delayed for a specified period—within 25 sitting days of that House after the end of that period.