Customs Amendment (Anti-dumping Improvements) Act (No. 1) 2012 (205 of 2012)

Schedule 1  

Customs Act 1901

104   After Part XVB

Insert:

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 CEO;

(b) 11 members, each of whom representsone 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 CEO) is to be appointed by the Minister by written instrument.

(2) Each member of the Forum (except the CEO) holds office on a part-time basis.

(3) Each member of the Forum (except the CEO) 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 CEO) 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.

CEO to convene meetings

(2) The CEO may convene a meeting at any time.

Presiding member

(3) The CEO presides at all meetings at which he or she is present. The CEO may nominate a person to attend a meeting in his or her place and, if the CEO 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.