PART XVB
-
SPECIAL PROVISIONS RELATING TO ANTI-DUMPING DUTIES
History
Pt XVB amended by No 32 of 2013, s 3 and Sch 1 items 10
-
14, effective 1 July 2013. For transitional provisions see note under the title of this Act.
[
CCH Note:
Sch 4 of No 79 of 1998 provides for the following application, transitional and saving provisions which commenced on 24 July 1998.
Application, transitional and saving provisions
Definitions for the purposes of application, transitional and saving provisions generally
1
In this Schedule:
ADA Act
means the
Anti-Dumping Authority Act 1988
.
affected party
has the same meaning as in Part XVB of the Customs Act.
Authority
means the Anti-Dumping Authority established by section 4 of the ADA Act.
CEO
has the same meaning as in the Customs Act.
Customs Act
means the
Customs Act 1901
.
Dumping Duty Act
means the
Customs Tariff (Anti-Dumping) Act 1975
.
importer
has the same meaning as in Part XVB of the Customs Act.
interim duty
has the same meaning as in Part XVB of the Customs Act.
negative preliminary decision
has the same meaning as in Part XVB of the Customs Act.
negative preliminary finding
, in relation to goods the subject of an application under section 269TB of the Customs Act, means a preliminary finding, under that Act, to the effect that:
(a)
there are not sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or
(b)
there will not be sufficient grounds for such publication after the importation into Australia of such goods.
positive preliminary finding
, in relation to goods the subject of an application under section 269TB of the Customs Act, means a preliminary finding, under that Act, to the effect that:
(a)
there are sufficient grounds for publication of a dumping duty notice or a countervailing duty notice in respect of such goods; or
(b)
there will be sufficient grounds for such publication after the importation into Australia of such goods.
public record
has the same meaning as in Part XVB of the Customs Act.
reviewable decision
has the same meaning as in Division 9 of Part XVB of the Customs Act.
Review Officer
has the same meaning as in Part XVB of the Customs Act.
transfer day
means the day on which the items in Schedule 1 (other than item 39) commence.
Application provision
2(1)
The Customs Act, as amended by this Act, applies in relation to:
(a)
all applications under section 269TB of that Act as so amended for publication of dumping duty notices or countervailing duty notices; and
(b)
all applications under Division 4 of Part XVB of the Customs Act as so amended for assessment of the duty payable under the Dumping Duty Act on goods on which an interim duty has been or is paid, whether that interim duty was paid before, or is paid on or after, the transfer day; and
(c)
all applications, under Division 5 of Part XVB of the Customs Act as so amended, for review of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and
(d)
all applications, under Division 6 of Part XVB of the Customs Act as so amended, for the accelerated review of dumping duty notices or countervailing duty notices, whether those notices were published before, or are published on or after, the transfer day; and
(e)
all applications, under Division 6A of Part XVB of the Customs Act as so amended, for continuation of anti-dumping measures, whether those measures were imposed before, or are imposed on or after, the transfer day; and
(f)
all applications, under Division 9 of Part XVB of the Customs Act as so amended, for the review of reviewable decisions within the meaning of that Division made on or after the transfer day.
2(2)
Nothing in subitem (1) implies that the Customs Act as amended by this Act does not apply in any additional circumstance where it is expressed to apply because of the operation of item 3, 4, 5, 6, or 7.
Transitional provisions
-
decisions concerning rejection of applications under section 269TB of the Customs Act
3(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; but
(b)
the CEO has neither made a decision to reject, nor made a decision not to reject, that application;
then:
(c)
the application is to be treated, for all purposes, on and after that day, as if it were an application made under the Customs Act as amended by this Act; and
(d)
the ADA Act does not apply in respect of that application.
3(2)
If, before the transfer day
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO decides to reject that application; and
(c)
the applicant refers the decision to the Authority for review; but
(d)
that review is not completed;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and
(f)
if the Authority confirms the decision
-
the application lapses; and
(g)
if the Authority revokes the decision
-
an investigation in respect of the application is to be initiated under the Customs Act as amended by this Act as if:
(i)
the Customs Act as so amended had been in force when the application was made; and
(ii)
the CEO had decided not to reject the application.
3(3)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO decides to reject that application; and
(c)
the applicant does not refer the decision to the Authority for review;
then:
(d)
the application is to be dealt with, on or after that day, for all purposes (including working out time limits for a possible review of that decision by the Review Officer) as if the Customs Act as amended by this Act had been in force when the application was made; and
(e)
the ADA Act does not apply in respect of the application.
Transitional provisions
-
Customs investigations that have not resulted in a preliminary finding before transfer day
4(1)
If:
(a)
an application is made under section 269TB of the Customs Act as in force before the transfer day; and
(b)
the CEO has initiated an investigation in respect of that application but has not, before that day, made a preliminary finding; and
(c)
not more than 100 days have passed since the initiation of the investigation;
the investigation is to be treated, on and after that day, for all purposes, as if it had, at all times, been an investigation, under the Customs Act as amended by this Act, in respect of an application made under the Customs Act as so amended.
4(2)
For the purposes of so treating the investigation, and without limiting the generality of subitem (1):
(a)
the time limits for the making of a preliminary affirmative determination, the placing of a statement of essential facts on the public record, and the making of a report in respect of the investigation to the Minister, under the Customs Act as amended by this Act, are to be worked out from the date of the actual initiation of the investigation under the Customs Act as in force before the transfer day; and
(b)
if a preliminary affirmative determination is so made, securities may be imposed in accordance with subsection 269TD(3) of the Customs Act as so amended.
Transitional provisions
-
Customs investigations terminated before transfer day
5(1)
If:
(a)
an application is made under section 269TB of the Customs Act as in force before the transfer day; and
(b)
the CEO has initiated an investigation in respect of that application but decides, before that day, to terminate that investigation under section 269TDA of that Act as so in force; and
(c)
not more than 100 days have passed between the initiation of the investigation and the making of that decision; and
(d)
the applicant, before that day, refers the decision to the Authority for review under section 7A of the ADA Act but that review is not completed before that day;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under the ADA Act; and
(f)
if the Authority confirms the decision
-
the investigation lapses; and
(g)
if the Authority rejects the decision
-
the investigation is to be remitted to the CEO to be dealt with in accordance with subitem (2).
5(2)
If an investigation is remitted to the CEO in the circumstances set out in subitem (1):
(a)
subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation in respect of an application made under section 269TB of the Customs Act as amended by this Act; and
(b)
if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation
-
the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and
(c)
the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.
Transitional provisions
-
positive preliminary finding made by CEO before transfer day
6(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a positive preliminary finding in respect of the application;
the CEO must, if he or she has not already done so;
(c)
give public notice of that finding; and
(d)
refer the question whether the publication of the notice sought in the application is justified to the Authority for determination under the ADA Act.
6(2)
If public notice of the finding is given on or after the transfer day, it is required to be given in accordance with section 269ZI of the Customs Act as in force immediately before that day.
6(3)
For the purposes of the operation of the ADA Act in respect of the referral of the question referred to in paragraph (1)(d), that referral is treated as having taken place under subsection 269TD(2) of the Customs Act as in force immediately before the transfer day, whether it took place before, or takes place on or after, that day.
Note:
The determination of a question referred to the Authority under subsection 7(1) of the ADA Act may involve the exercise of termination powers under section 7B of that Act or the acceptance of an undertaking under section 7C of that Act.
Transitional provisions
-
negative preliminary findings made by CEO before transfer day
7(1)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a negative preliminary finding in respect of the application; and
(c)
the applicant refers the finding to the Authority for review; but
(d)
that review is not completed;
then:
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8 of the ADA Act; and
(f)
if the Authority confirms the finding
-
the investigation lapses; and
(g)
if the Authority rejects the finding
-
the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.
7(2)
If, before the transfer day:
(a)
an application is made under section 269TB of the Customs Act as then in force; and
(b)
the CEO makes a negative preliminary finding in respect of the application; and
(c)
the applicant does not refer the finding to the Authority for review; but
(d)
the period for so referring the finding has not expired;
then:
(e)
the applicant may refer the finding to the Authority as if the amendments of the Customs Act made by this Act had not been made; and
(f)
if the applicant does so, the review is to be dealt with by the Authority, under section 8 of the ADA Act; and
(g)
if the Authority confirms the finding
-
the investigation lapses; and
(h)
if the Authority rejects the finding
-
the investigation is, despite the terms of subsection 8(2) of the ADA Act, to be remitted to the CEO.
7(3)
If an investigation is remitted to the CEO in the circumstances set out in subitem (1) or (2):
(a)
subject to paragraphs (b) and (c), the investigation is to be dealt with in the same manner as if it were an investigation of an application made under section 269TB of the Customs Act as amended by this Act; and
(b)
if, when the investigation is remitted, more than 110 days have passed since the date of initiation of the investigation
-
the CEO must place the statement of essential facts relating to the investigation on the public record as soon as practicable after the investigation is remitted; and
(c)
the report on the investigation that is required to be made to the Minister is, in circumstances to which paragraph (b) applies, required to be so made within 45 days after the placing of the statement of essential facts on the public record.
Transitional provisions
-
applications for assessment of duty
8(1)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force requesting an assessment of duty on goods entered for home consumption during a particular importation period; and
(b)
the CEO has not made a decision under subsection 269X(6) in relation to that application;
then, for the purpose of the CEO
'
s dealing with that application on an after that day, Division 4 of the Customs Act as in force before that day continues to apply in relation to the CEO
'
s consideration of the application as if the amendments of the Customs Act made by items 63, 64, 65 and 66 of Schedule 1 to this Act had not been made.
8(2)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force 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 that application; and
(c)
the applicant refers the negative preliminary decision to the Authority for review; but
(d)
the review is not completed;
then
(e)
the review is to continue to be dealt with by the Authority, on and after that day, under section 8B of the ADA Act; and
(f)
section 269Y of the Customs Act has effect, on and after that day, in relation to any recommendation received by the Minister from the Authority, as if the amendment of that section made by item 69 of Schedule 1 to this Act had not been made.
8(3)
If, before the transfer day:
(a)
an application is made under section 269V of the Customs Act as then in force 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 that application; and
(c)
the applicant does not refer the decision to the Authority for review; but
(d)
the period for so referring the decision has not expired;
then:
(e)
with effect from the transfer day, the applicant
'
s right to refer the decision to the Authority for review is terminated but the applicant may instead, within the time limit that would have applied for so referring the decision, apply instead to the Review Officer to review the decision; and
(f)
if the applicant does so, the review is to be dealt with by the Review Officer under Division 9 of the Customs Act as amended by this Act as if it were a review, sought in accordance with the requirements of that Division, of a decision made under the Customs Act as amended by this Act.
Saving provision
-
review of interim duty
9
If, before the transfer day:
(a)
interim duty has been paid under the Dumping Duty Act on goods entered for home consumption under the Customs Act as in force before that day; and
(b)
the CEO has received an application from an affected party, or a notice from the Minister, under Division 5 of Part XVB of the Customs Act as so in force, requesting a review of the rate of interim duty imposed on those goods;
that Division of the Customs Act as so in force continues to apply, on and after that day, in respect of that review as if the amendments of the Customs Act made by this Act had not been made.
Amending Act No 173 of 1989, s 9 provides:
(1)
Any act or thing done, including, but without limiting the generality of the foregoing, any determination made, any notice given or published, or any undertaking given or accepted, under a provision of the
Customs Tariff (Anti-Dumping) Act 1975
that is repealed and re-enacted in similar form in a provision (in this subsection called the
'
corresponding provision
'
) inserted in Part XVB of the
Customs Act 1901
has effect, on and after the day this section commences, for all purposes, as if it were an act or thing done under the corresponding provision.
(2)
Any delegation under section 19 of the
Customs Tariff (Anti-Dumping) Act 1975
of a power or function conferred on the Minister under a provision of that Act that is repealed and re-enacted in similar form in a provision (in this subsection called the
'
corresponding provision
'
) inserted in Part XVB of the
Customs Act 1901
, being a delegation that is in force immediately before the day this section commences, continues to have effect, on and after that day, for all purposes, as if it were a delegation under section 9 of the
Customs Act 1901
of that power or function as conferred on the Minister by the corresponding provision.]
Division 2
-
Consideration of anti-dumping matters by the Commissioner
History
Division heading amended by No 85 of 1995, s 11 and Sch 9, effective 1 July 1995.
Division heading inserted by No 174 of 1989, s 14, effective 21 December 1989.
SECTION 269TC
CONSIDERATION OF APPLICATION
269TC(1)
The Commissioner shall, within 20 days after receiving an application under subsection
269TB(1)
in respect of goods, examine the application and, if the Commissioner is not satisfied, having regard to the matters contained in the application and to any other information that the Commissioner considers relevant:
(a)
that the application complies with subsection
269TB(4)
; or
(b)
that there is, or is likely to be established, an Australian industry in respect of like goods; or
(c)
that there appear to be reasonable grounds:
(i)
for the publication of a dumping duty notice or a countervailing duty notice, as the case requires, in respect of the goods the subject of the application; or
(ii)
for the publication of such a notice upon the importation into Australia of such goods;
he or she shall reject the application and inform the applicant, by notice in writing, accordingly.
History
S 269TC(1) amended by No 139 of 2013, s 3 and Sch 1 item 23, effective 27 March 2014.
S 269TC(1) amended by No 79 of 1998, s 2 and Sch 1 item 42.
S 269TC(1) amended by No 85 of 1995, s 11 and Sch 9.
S 269TC(1) amended by No 207 of 1992, s 8.
S 269TC(1) amended by No 89 of 1992, s 13.
S 269TC(1) amended by No 174 of 1989, s 15.
269TC(2)
The Commissioner shall, within 20 days after receiving an application by the Government of a country under subsection
269TB(2)
in respect of goods, examine the application and, if the Commissioner is not satisfied, having regard to the matters contained in the application and to any other information that the Commissioner considers relevant:
(a)
that the application complies with subsection
269TB(4)
; or
(b)
that there is a producer or manufacturer of like goods in that country who exports such goods to Australia; or
(c)
that there appear to be reasonable grounds:
(i)
for the publication of a dumping duty notice or a countervailing duty notice, as the case requires, in respect of the goods the subject of the application; or
(ii)
for the publication of such a notice upon the importation into Australia of such goods;
he or she shall reject the application and inform the applicant, by notice in writing, accordingly.
History
S 269TC(2) amended by No 139 of 2013, s 3 and Sch 1 item 23, effective 27 March 2014.
S 269TC(2) amended by No 79 of 1998, s 2 and Sch 1 item 42.
S 269TC(2) amended by No 85 of 1995, s 11 and Sch 9.
S 269TC(2) amended by No 207 of 1992, s 8.
S 269TC(2) amended by No 89 of 1992, s 13.
S 269TC(2) amended by No 174 of 1989, s 15.
269TC(2A)
If an applicant, after lodging an application under section
269TB
, decides to give the Commissioner further information in support of that application without having been requested to do so:
(a)
the information must be lodged with the Commissioner, in writing, in the manner in which applications under that section must be lodged; and
(b)
the information is taken to have been received by the Commissioner when the information is first received by a Commission staff member doing duty in relation to dumping applications; and
(c)
this Part has effect as if:
(i)
the application had included that further information; and
(ii)
the application had only been lodged when that further information was lodged; and
(iii)
the application had only been received when that further information was received.
History
S 269TC(2A) amended by No 42 of 2015, s 3 and Sch 1 item 23, effective 2 November 2015. For application provision, see note under the title of this Act.
S 269TC(2A) amended by No 139 of 2013, s 3 and Sch 1 items 24 and 25, effective 27 March 2014. For application, saving and transitional provisions, see note under the title of this Act.
S 269TC(2A) inserted by No 89 of 1992, s 13.
Note:
The amendments of sec 269TC made by No 89 of 1992 do not apply to any application that is lodged with Customs before 10 July 1992.
269TC(3)
Where, in accordance with subsection (1) or (2), the Commissioner rejects an application, the notice informing the applicant of that rejection:
(a)
shall state the reasons why the Commissioner was not satisfied of one or more of the matters set out in that subsection; and
(b)
shall inform the applicant of the applicant
'
s right, within 30 days of the receipt of the notice, to apply for a review of the Commissioner
'
s decision by the Review Panel under Division 9.
History
S 269TC(3) amended by No 205 of 2012, s 3 and Sch 1 item 4, effective 10 June 2013. For application and transitional provisions, see note under the title of this Act.
S 269TC(3) amended by No 79 of 1998, s 2 and Sch 1 item 43.
S 269TC(3) amended by No 85 of 1995, s 11 and Sch 9.
269TC(4)
If the Commissioner decides not to reject an application under subsection
269TB(1)
or
(2)
in respect of goods, the Commissioner must give public notice of the decision:
(a)
setting out particulars of goods the subject of the application; and
(b)
setting out the identity of the applicant; and
(ba)
setting out the countries of export known to be involved; and
(bb)
if the application is for a countervailing duty notice
-
also setting out the countries from which countervailable subsidisation is alleged to have been received; and
(bc)
setting a date, which should be the date or estimated date of publication of the notice, as the date of initiation of the investigation; and
(bd)
indicating the basis on which dumping or countervailable subsidisation is alleged to have occurred; and
(be)
summarising the factors on which the allegation of injury or hindrance to the establishment of an industry is based; and
(bf)
indicating that a report will be made to the Minister:
(i)
within 155 days after the date of initiation of the investigation; or
(ii)
within such longer period as the Minister allows under section
269ZHI
;
on the basis of the examination of exportations to Australia of goods the subject of the application during a period specified in the notice as the investigation period in relation to the application; and
(c)
inviting interested parties to lodge with the Commissioner, within 37 days after the date of initiation of the investigation, submissions concerning the publication of the notice sought in the application; and
(d)
stating that if the Commissioner, in accordance with section
269TD
, makes a preliminary affirmative determination in relation to the application, he or she may apply provisional measures, including the taking of securities under section
42
, in respect of interim duty that may become payable on the importation of the goods the subject of the application; and
(e)
stating that:
(i)
within 110 days after the date of initiation of the investigation; or
(ii)
such longer period as the Minister allows under section
269ZHI
;
the Commissioner, in accordance with section
269TDAA
, will place on the public record a statement of the essential facts on which the Commissioner proposes to base a recommendation to the Minister; and
(f)
inviting interested parties to lodge with the Commissioner, within 20 days of that statement being placed on the public record, submissions in response to that statement; and
(g)
indicating the address at which, or the manner in which, submissions under paragraph (c) or (f) can be lodged; and
(h)
stating that if the Minister decides to publish or not to publish a dumping duty notice or countervailing duty notice after considering the report referred to in paragraph (bf), certain persons will have the right to seek review of that decision in accordance with Division
9
.
History
S 269TC(4) amended by No 42 of 2015, s 3 and Sch 1 item 1, effective 2 November 2015. For application provision, see note under the title of this Act.
S 269TC(4) amended by No 205 of 2012, s 3 and Sch 1 item 5, effective 10 June 2013. For application and transitional provisions, see note under the title of this Act.
S 269TC(4) amended by No 79 of 1998, s 2 and Sch 1 items 44
-
46.
S 269TC(4) amended by No 85 of 1995, s 11 and Sch 9.
S 269TC(4) amended by No 150 of 1994, s 16.
S 269TC(4) amended by No 207 of 1992, s 16 and Sch.
269TC(5)
Information required to be included in the notice under subsection (4) may be included in a separate report to which the notice makes reference.
History
S 269TC(5) inserted by No 150 of 1994, s 16.
269TC(5A)
The Commissioner cannot vary the length of the investigation period.
History
S 269TC(5A) inserted by No 42 of 2015, s 3 and Sch 1 item 57, effective 2 November 2015. For application provision, see note under the title of this Act.
269TC(6)
Despite the fact that a notice under this section specifies a particular period for interested parties to lodge submissions with the Commissioner, if the Commissioner is satisfied, by representation in writing by an interested party:
(a)
that a longer period is reasonably required for the party to make a submission; and
(b)
that allowing a longer period will be practicable in the circumstances;
the Commissioner may notify the party, in writing, that a specified further period will be allowed for the party to lodge a submission.
History
S 269TC(6) amended by No 79 of 1998, s 2 and Sch 2 item 8.
S 269TC(6) inserted by No 150 of 1994, s 16.
269TC(7)
As soon as practicable after the Commissioner decides not to reject an application under section
269TB
for a dumping duty notice or a countervailing duty notice, the Commissioner must ensure that a copy of the application, or of so much of the application as is not claimed to be confidential or to constitute information whose publication would adversely affect a person
'
s business or commercial interests, is made available:
(a)
unless paragraph (b) applies
-
to all persons known to be exporters of goods the subject of the application and to the government of each country of export; or
(b)
if the number of persons known to be exporters of goods the subject of the application is so large that it is not practicable to provide a copy of the application, or of so much of the application as is not the subject of such a claim, to each of them
-
to the government of each country of export and to each relevant trade association.
History
S 269TC(7) amended by No 79 of 1998, s 2 and Sch 2 item 8.
S 269TC(7) inserted by No 150 of 1994, s 16.
269TC(8)
If the Commissioner is satisfied that a country whose exporters are nominated in an application for a dumping duty notice or a countervailing duty notice has an economy in transition, the Commissioner must, as soon as practicable after deciding not to reject the application:
(a)
give each nominated exporter from such a country a questionnaire about evidence of whether or not paragraphs
269TAC(5D)(a)
and
(b)
apply; and
(b)
inform each such exporter that the exporter has a specified period of not less than 30 days for answering questions in the questionnaire; and
(c)
inform each such exporter that the investigation of the application will proceed on the basis that subsection 269TAC(5D) applies to the normal value of the exporter
'
s goods that are the subject of the application if:
(i)
the exporter does not give the answers to the Commissioner within the period; or
(ii)
the exporter gives the answers to the Commissioner within the period but they do not provide a reasonable basis for determining that paragraphs
269TAC(5D)(a)
and
(b)
do not apply.
Note:
Paragraph
269TAC(5D)(a)
or
(b)
applies if a government of the country of export significantly affects the selling price in that country of like goods to the goods that are the subject of the application.
History
269TC(8) inserted by No 119 of 2003, s 3, Sch 1, Pt 1, item 7.
269TC(9)
Despite the fact that, under subsection (8), the Commissioner has informed an exporter given a questionnaire that the exporter has a particular period to answer the questions in the questionnaire, if the Commissioner is satisfied, by representation in writing by the exporter:
(a)
that a longer period is reasonably required for the exporter to answer the questions; and
(b)
that allowing a longer period will be practicable in the circumstances;
the Commissioner may notify the exporter, in writing, that a specified further period will be allowed for the exporter to answer the questions.
History
269TC(9) inserted by No 119 of 2003, s 3, Sch 1, Pt 1, item 7.
269TC(10)
If, during an investigation in respect of goods the subject of an application under section
269TB
, the Commissioner becomes aware of an issue as to whether a countervailable subsidy (other than one covered by the application) has been received in respect of the goods, the Commissioner may examine that issue as part of the investigation.
History
S 269TC(10) inserted by No 196 of 2012, s 3 and Sch 1 item 9, applicable in relation to: (a) investigations that are initiated on or after 11 June 2013; and (b) investigations that were initiated before 11 June 2013 but that were not completed before 11 June 2013.