The Australian Customs and Border Protection Service (Customs and Border Protection) is the sole agency responsible for anti-dumping and countervailing investigations. The Trade Measures Review Officer (the Review Officer) provides an independent administrative appeal mechanism in relation to decisions made in consequence of those investigations.
The Review Officer is a statutory appointment made by the Minister responsible for Customs and Border Protection (currently the Minister for Home Affairs). The Review Officer's function is to review, upon application, certain decisions made by the Minister or by the Chief Executive Officer of the Australian Customs and Border Protection Service (the CEO) relating to anti-dumping and countervailing investigations.
On 5 January 2013, the Minister for Home Affairs re-appointed Mr Skehill for a further 6 months.
Legislation to replace the TMRO with a Review Panel of at least three members was passed by both Houses of Parliament and given Royal Assent on 13 December 2012. The new appeals process will include:
A public advertising campaign to attract suitable candidates for the Panel is now underway. Information about the positions, including the Position Description and how to apply, is available at http://hudson.com/ReviewPanel. Applications for a position close on 28 February 2013.
The legislative provisions relating to anti-dumping are contained in Part XVB of the Customs Act 1901 (the Act). The powers and responsibilities of the Review Officer are set out in Divisions 8 and 9 of Part XVB of the Act. Customs Regulations 180 and 181, and the Customs Tariff (Anti-Dumping) Act 1975, are also relevant.
Australia is obliged, as a signatory to the World Trade Organization Uruguay Round Anti-Dumping Agreement and Agreement on Subsidies and Countervailing Measures, to ensure that its anti-dumping legislation and procedures comply with those Agreements.