Federal Register of Legislation - Australian Government

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Other as made
This instrument specifies fees payable in relation to applications under Division 9 of the Customs Act 1901.
Administered by: Industry, Innovation and Science
Registered 02 Nov 2015
Tabling HistoryDate
Tabled Senate09-Nov-2015
Tabled HR09-Nov-2015
Date of repeal 02 Mar 2016
Repealed by Disallowance in full
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
02-Feb-2016
Expiry Date:
19-Apr-2016
House:
Senate
Details:
Full
Resolution:
Disallowed
Resolution Date:
02-Mar-2016
Resolution Time:
16:20
Provisions:

 

Customs (Anti-Dumping Review Panel Fee) Instrument 2015

 

 


I, CHRISTOPHER PYNE, Minister for Industry, Innovation and Science, make this Instrument under subsections 269ZZE(3) and 269ZZQ(2) of the Customs Act 1901.

Dated  22 October 2015

 

 

 

 

 

 CHRISTOPHER PYNE

___________________________________________

CHRISTOPHER PYNE

Minister for Industry, Innovation and Science

 


 

 

1          Name of Instrument

This Instrument is the Customs (Anti-Dumping Review Panel Fee) Instrument 2015.

 

2          Authority

This Instrument is made under subsections 269ZZE(3) and 269ZZQ(2) of the Customs Act 1901 for the purposes of prescribing a schedule of fees for making an application under Division 9 of that Act.

 

3          Commencement

This Instrument commences on commencement of Schedule 1 of the Customs Amendment (Anti-Dumping Measures) Act (No. 1) 2015.

 

4          Definitions

In this Instrument:

Act means the Customs Act 1901.

large business means a business which either alone or, if it is a body corporate, together with all other related bodies corporate for the purposes of the Corporations Act 2001, has more than 200 full-time staff.

            refund amount means the amount specified in Table 1 in section 6.

 

5          Fee

(1)   For the purposes of paragraphs 269ZZE(1)(f) and 269ZZQ(1)(f) of the Act, the prescribed fee is:

(a)    $1,000; or

(b)   $10,000 if the applicant is a Government of a country or a large business.

 

(2)   The fee is payable at the time an application for review is made with the Review Panel.

 

(3)   The fee must be paid by the person who made the application for review.

 

Note: Each applicant must pay the fee, including if other applicants are seeking review of the same reviewable decision.

 

6          Refunds

If a person paid a fee prescribed in clause 5(1) in a circumstance referred to in an item in the following table, the person is entitled to the refund amount specified in that item.

 

Table 1- Refund amounts

Item

Circumstance

Refund amount

1

(a)    the application for review is withdrawn in accordance with sections 269ZZF or 269ZZQAA of the Act; and

(b)   the application is withdrawn within the application period referred to under section 269ZZD or 269ZZP of the Act

the fee paid

2

(a)    the application for review is withdrawn in accordance with sections 269ZZF or 269ZZQAA of the Act;

(b)   the application has not been withdrawn within the application period referred to under section 269ZZD or 269ZZP of the Act; and

(c)    the application is withdrawn before the Review Panel begins to conduct the review

85 per cent of the fee paid

3

the person is not entitled to apply for review by the Review Panel

the fee paid

4

the decision to which the application relates is not a reviewable decision that may be subject to review by the Review Panel

the fee paid

5

the person was liable to pay a lower fee

the difference between:

the fee paid; and

the lower fee

6

the application for review was not made during the application period referred to under section 269ZZD or 269ZZP of the Act

the fee paid