Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS REGULATIONS (AMENDMENT) 1998 NO. 229

STATUTORY RULES 1998 NO. 229

Issued by the Authority of the Minister for Customs and Consumer Affairs

Customs Act 1901

Customs Regulations (Amendment)

Section 270 of the Customs Act 1901 provides in part that:

"[t]he 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 or for the conduct of any business relating to the Customs..."

The Customs Legislation (Anti-dumping Amendments) Act 1998 (the Act) amended the antidumping and countervailing provisions in part XVB of the Customs Act 1901. Among other matters, the amendments abolished the Anti-Dumping Authority. These amendments made necessary a number of changes to the Customs Regulations (the Regulations).

These amending regulations added an additional circumstance for refund of Customs duty to those prescribed by the Regulations and repealed certain provisions of the Regulations relating to the soon to be abolished Anti-Dumping Authority.

Subregulation 1. 1 provided that the regulations commenced on 24 July 1998.

Subregulation 2.1 provided that the Customs Regulations have been amended as set out in the regulations.

Subregulation 3.1 inserted new paragraph 126(1)(ra) into the Regulations to allow for two new refund circumstances.

New subsection 269ZDB(1) of the Customs Act 1901 gives the Minister power to fix new "variable factors" (defined in subsection 269T(4E)), with retrospective effect. These "factors" go towards determining how much dumping duty is payable on the import of particular goods.

New subsection 269ZZM(1) gives the Minister power to revoke or vary an original dumping or countervailing duty notice, with retrospective effect. The result is that, due to decisions made by the Minister under these provisions, excess dumping duty may have been paid. Both subsections 269ZDB(3) and 269ZZM(6) state that where excess interim duty has been paid, the person who paid the interim duty may apply under Division 3 of Part VIII for a refund of the excess. Section 163 of the Customs Act 1901 provides that refunds of duty may be given in prescribed circumstances and subregulation 126(1) lists these circumstances. Subregulation 3.1 added to subregulation 126(1) the circumstances of refunding excess interim duty referred to in subsections 269ZDB(3) and 269ZZM(6).

Subregulation 4.1 omitted regulation 183AB from the Regulations. Regulation 183AB prescribes, for the purposes of paragraph 269TC(4)(c) of the Customs Act 1901, the period for making a preliminary finding under section 269TD of the Act as to whether there are sufficient grounds for the publication of a dumping duty notice, or a countervailing duty notice. As the Act repeals paragraph 269TC(4)(c) and removes the requirement for a preliminary finding, regulation 183AB was redundant.

Subregulation 5.1 omitted regulation 183A from the Regulations. Regulation 183A prescribes, for the purposes of subsection 269TF(1) of the Customs Act 1901, the period for applying to the Anti-Dumping Authority (ADA) for review of certain decisions. As the Act abolishes the ADA and repeals section 269TF, regulation 183A was redundant.

The regulations commenced on 24 July 1998.