Australia: Australia Set To Establish Anti-Dumping Commission

Last Updated: 22 April 2013
Article by Dean Carrigan

From 1 July 2013, a new Anti-Dumping Commission will be established in Melbourne and an Anti-Dumping Commissioner will be appointed to head the new authority. With the number of anti-dumping applications on the rise in Australia, the operation of this Commission will be watched closely by participants in a range of sectors and especially by the steel and aluminium industries which are currently the subject of several investigations.


Australia's anti-dumping and countervailing measures regime implements the rules and procedures in the World Trade Organisation Anti-Dumping Agreement and Agreement on Subsidies and Countervailing Measures. 

Under these agreements, WTO members may impose pecuniary penalties where it is found that a company is exporting a product at a price lower than the price it normally charges in its own home market or if a company is found to be receiving a prohibited financial contribution from a foreign government which artificially reduces the cost of the product.

Currently, within Australia's anti-dumping system, the International Trade Remedies Branch of the Australian Customs and Border Protection Service (Customs) has sole responsibility for investigating claims of dumping and subsidisation. Following an investigation, Customs will provide a report to the Minister for Home Affairs and Justice who decides whether the import of goods involves dumping or countervailable subsidisation and whether such import warrants the imposition of anti-dumping measures, countervailing duties or another remedy. The Minister's decision is appealable to a Trade Measures Review Officer and points of law are referable to the Federal Court of Australia.

Anti-dumping actions on the rise

Given ongoing weakness in the global economy and the high value of the Australian dollar , there is a concern that the Australian market, particularly the manufacturing sector, may be facing a greater risk from dumping. Since 2007, there has been a steady rise in the number of anti-dumping applications brought in Australia. According to Customs Annual Report, in 2011-12 the number of anti-dumping applications was 30 compared to 11 applications in 2010-11.

Australian Government reform

Since 2009, the Government has commissioned two reports on Australia's anti-dumping system  and has already introduced a number of changes to the system under its "Streamlining Australia's Anti-Dumping System" policy.  

The 2012 Review led by the Hon John Brumby, former Premier of Victoria, was specifically tasked with considering the feasibility of a Commonwealth Anti-Dumping Agency. The Review made the following Primary Recommendation:

It is recommended that a new International Trade Remedies Authority, Agency or Commission be established under legislation. To fully realise its benefits, the agency must be:

  • separately and adequately resourced,  and
  • headed by a legislated CEO or Commissioner who reports directly to the Minister for Home Affairs and Justice.

The Government accepted this recommendation and the Customs Amendment (Anti-Dumping Commission) Act 2013 establishes the Anti-Dumping Commission and the Anti-Dumping Commissioner.

The Anti-Dumping Commission: What has changed?

The Brumby Review considered a number of different models for the anti-dumping authority, including a stand-alone agency and a separate but supported agency, but concluded that there was not sufficient demand from business to justify a separate agency given the additional associated costs. Accordingly, it was recommended that establishment of an authority within an existing department would be most appropriate. The Government accepted this recommendation and the Commission will be established within Customs.

From 1988 until 1998, the Anti-Dumping Authority (ADA) existed in Australia. Under this earlier system, Customs would carry out investigations to a preliminary findings stage and the ADA would make final findings. This model was also considered by the Brumby Review, however, the general consensus that emerged from the consultation process was that there should continue to be a single agency for administration of the Australian anti-dumping system. Accordingly, while there is a new Commission, this does not introduce another layer in the anti-dumping system in Australia.

Instead, the Commissioner will take over the role that the CEO of Customs currently performs in the anti-dumping system and the Commission will now have responsibility for investigating claims of dumping and subsidisation. Although the Commission is within Customs, the Commissioner will report directly to the Minister for Home Affairs and Justice rather than to the CEO of Customs.  The Commissioner will have the power to do all things necessary or convenient to be done for or in connection with the performance of his or her functions. Applications are now being sought for the first Commissioner who is expected to serve a five-year term.

The creation of the Commission and the appointment of a dedicated Commissioner is designed to raise the profile of the anti-dumping system in Australia and will allow the new appointee to be solely focussed on the anti-dumping role. The Commission will be located in Melbourne, rather than with Customs' Head Office in Canberra, to allow the new authority to engage more closely with industry stakeholders and to attract a more specialised workforce.

The final decision-making, including for imposition of measures, will remain with the Minister for Home Affairs and Justice.

Across the world there are many different systems for implementing the WTO Anti-Dumping Agreement and Agreement on Subsidies and Countervailing Measures. The new Australian model shares some features with the US and Canadian approach. Both the US and Canada have an independent authority to deal with anti-dumping. However, in each of their systems, separate entities assess the claims of dumping and injury, and, in both the US and Canada, the imposition of counter-veiling measures is automatic rather than at the discretion of a Minister.

Next Steps: More reforms to the anti-dumping framework expected
The Hon Jason Clare MP, Minister for Home Affairs and Justice, has foreshadowed that further legislative reforms with respect to Australia's anti-dumping system will be introduced in the next parliamentary sitting period.

The foreshadowed changes include: removal of mandatory consideration of the lesser duty rule in complex cases; clarification of the application of retroactive duties; introduction of a review mechanism to reduce the complexity of the existing review processes and make them more effective; and improvements in the infringement notice scheme to increase penalties and provide a more effective deterrent against importers making false or misleading statements to try to circumvent duties

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.