Contents
2Commencement#
(1)Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 September 2026 |
| 2. Schedule 1 | The day after this Act receives the Royal Assent. | 29 September 2026 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3Schedules#
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 · Amendments
Part XVB · Special provisions relating to trade remedies
2 Subsection 269SM(2A)
Omit “Anti-Dumping Commission”, substitute “Australian Trade Remedies Commission”.
3 After subsection 269SM(7)
Insert:
(7A) Division 6B deals with the Commissioner’s function of holding a safeguard inquiry if a matter is referred to the Commissioner by the Minister.
4 Division 1A of Part XVB (heading)
Repeal the heading, substitute:
Division 1A · Australian Trade Remedies Commission and Commissioner
5 Section 269SMA
Omit “Anti-Dumping Commission” (wherever occurring), substitute “Australian Trade Remedies Commission”.
6 Subdivision B of Division 1A of Part XVB (heading)
Repeal the heading, substitute:
Subdivision B · Australian Trade Remedies Commission
7 Subsections 269SMB(1) and (2)
Repeal the subsections, substitute:
The body that was continued in existence under this section as previously in force by the name Anti-Dumping Commission is now to be known as the Australian Trade Remedies Commission.
Note: Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a body whose name is altered by an Act continues in existence under the new name so that its identity is not affected.
8 Section 269SMC (heading)
Omit “Anti-Dumping Commission”, substitute “Australian Trade Remedies Commission”.
9 Section 269SMC
Omit “Anti-Dumping Commission”, substitute “Australian Trade Remedies Commission”.
10 Section 269SMD (heading)
Omit “Anti-Dumping Commission”, substitute “Australian Trade Remedies Commission”.
11 Section 269SMD
Omit “Anti-Dumping Commission’s”, substitute “Australian Trade Remedies Commission’s”.
12 Section 269SME (heading)
Omit “Anti-Dumping Commission”, substitute “Australian Trade Remedies Commission”.
13 Section 269SME
Omit “Anti-Dumping Commission”, substitute “Australian Trade Remedies Commission”.
14 Subsection 269SMF(1)
Omit “Anti-Dumping Commission”, substitute “Australian Trade Remedies Commission”.
15 Subsection 269T(1) (definition of Commissioner)
Omit “the Anti-Dumping Commission continued in existence under section 269SMB”, substitute “the Australian Trade Remedies Commission referred to in section 269SMB”.
16 Subsection 269T(1)
Insert:
like Australian industry, for goods, means the producers as a whole of like or directly competitive goods operating in Australia, or those whose collective output of like or directly competitive goods constitutes a major proportion of the total domestic production of those goods.
Note: The phrase “like or directly competitive goods” does not attract the definition of like goods in this subsection.
provisional safeguard measure means a provisional safeguard measure provided for under Article XIX of the General Agreement on Tariffs and Trade 1994, in accordance with the Safeguards Agreement.
safeguard inquiry means an inquiry conducted under section 269ZHGC.
safeguard measure means a safeguard measure provided for under Article XIX of the General Agreement on Tariffs and Trade 1994, in accordance with the Safeguards Agreement.
Safeguards Agreement means the agreement on safeguards set out in Annex 1A to the Marrakesh Agreement Establishing the World Trade Organization (WTO) Agreement, done at Marrakesh on 15 April 1994.
Note: The Marrakesh Agreement is in Australian Treaty Series 1995 No. 8 ([1995] ATS 8) and could in 2026 be viewed in the Australian Treaties Library on the AustLII website (https://www.austlii.edu.au).
serious injury, in relation to a like Australian industry for goods, means a significant overall impairment in the position of the like Australian industry.
threat of serious injury, in relation to a like Australian industry for goods, means a serious injury that is clearly imminent, based on facts and not merely on allegation, conjecture or remote possibility.
17 Subsections 269TAF(4) and (7)
Omit “Anti-Dumping Commission’s”, substitute “Australian Trade Remedies Commission’s”.
18 Paragraph 269TAH(2)(a)
Omit “or 269TK(1) or (2)”, substitute “, 269TK(1) or (2) or subsection 269ZHGK(1)”.
19 Subsections 269ZC(4), (5) and (6), 269ZCC(4) and (7), 269ZDB(7), 269ZDBE(4) and (5), 269ZDBH(9), 269ZG(3), 269ZHB(1), 269ZHD(4) and 269ZHG(2)
Omit “Anti-Dumping Commission’s”, substitute “Australian Trade Remedies Commission’s”.
20 After Division 6A of Part XVB
Insert:
Division 6B · Safeguard inquiries
269ZHGAWhat this Division is about#
The Commissioner must hold a safeguard inquiry if a matter is referred to the Commissioner by the Minister. A report on a safeguard inquiry is given to the Minister and tabled in Parliament.
269ZHGBSafeguard inquiries function#
The Commissioner has the following functions:
(a)holding safeguard inquiries and reporting to the Minister about those inquiries;
(b)doing anything incidental to the function referred to in paragraph (a).
269ZHGCEstablishing a safeguard inquiry#
Minister’s referral power
(1)The Minister may refer a matter to the Commissioner for the Commissioner to conduct a safeguard inquiry in relation to the matter.
(2)In referring a matter to the Commissioner, the Minister may, for the purpose of ensuring the inquiry is conducted in the manner appropriate to that inquiry and consistent with the Safeguards Agreement, do any or all of the following:
(a)require the Commissioner to hold hearings for the purposes of the inquiry;
(b)specify a period within which the Commissioner must submit the Commissioner’s report on the inquiry to the Minister;
(c)require the Commissioner to make a draft report available to the public during an inquiry;
(d)require the Commissioner to make a recommendation in relation to the matter.
Note: If the Minister does not include a requirement in accordance with paragraph (d) when referring a matter then the Commissioner cannot make any recommendations in relation to the matter.
(3)The Commissioner must comply with a requirement under subsection (2).
Recommendation types and duration
(4)If the Commissioner is required to make a recommendation in relation to the matter in accordance with paragraph (2)(d), the recommendation must:
(a)consist of one or more of the following:
(i)a safeguard measure should apply;
(ii)a safeguard measure should not apply;
(iii)a provisional safeguard measure should apply;
(iv)a provisional safeguard measure should not apply;
(v)an existing safeguard measure should be extended for a specified period of 1 year or less;
(vi)an existing safeguard measure should be extended for a specified period of more than 1 year and less than 4 years, and reviewed at regular intervals;
(vii)an existing safeguard measure should not be extended; and
(b)if the recommendation consists of a measure referred to in subparagraph (a)(i) or (iii)—include a recommended duration for the measure that does not exceed:
(i)for a measure referred to in subparagraph (a)(i)—4 years; or
(ii)for a measure referred to in subparagraph (a)(iii)—200 days.
Preconditions for positive recommendations
(5)Before making a recommendation in relation to the matter that consists of a measure referred to in subparagraph (4)(a)(i), (iii), (v) or (vi), the Commissioner must:
(a)be satisfied there has been an increase in importation of goods to which the matter relates as a result of unforeseen developments that is causing serious injury, or threatening to cause serious injury, to a like Australian industry for the goods, having regard to all relevant evidence of an objective and quantifiable nature having a bearing on the situation of that industry including (but not limited to) the following:
(i)the rate and amount of the increase in imports of the goods to which the matter relates;
(ii)the share of the domestic market represented by those increased imports;
(iii)changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment; and
(b)have regard to whether the recommendation is in the public interest.
(6)The Commissioner must not make a finding of a serious injury, or a threat of serious injury, to a like Australian industry for the goods to which the matter relates, in accordance with paragraph (5)(a) unless, on the basis of the evidence referred to in that paragraph, the Commissioner is satisfied that there is a causal link between the increased import of the goods referred to in that paragraph and the serious injury or threat of serious injury.
(7)For the purposes of subsection (6), if factors other than increased imports are causing injury to the like Australian industry at the same time, such injury must not be attributed to the increased imports.
Public interest considerations
(8)For the purposes of paragraph (5)(b), the Commissioner must take into account the following when considering whether a recommendation in relation to a matter is in the public interest:
(a)the benefits to the like Australian industry for the goods to which the matter relates in removing that serious injury;
(b)the economic significance of industries in Australia affected by the importation of goods to which the matter relates;
(c)the likely impact of the recommendation on the Australian economy, downstream industries, and consumers;
(d)any other thing required by the Minister when referring the matter under subsection (2).
Other matters
(9)The Commissioner must make a written report to the Minister on the inquiry unless the Minister withdraws the reference to the Commissioner.
(10)The Minister may withdraw or amend the reference at any time before the Minister has received the report on the inquiry from the Commissioner.
269ZHGDWorking methods of safeguard inquiry#
In the performance of the Commissioner’s function to hold a safeguard inquiry, the Commissioner:
(a)is not required to act in a formal manner; and
(b)may be informed on any matter in any way the Commissioner thinks fit; and
(c)may consult with anyone the Commissioner thinks fit; and
(d)may receive written or oral information or submissions; and
(e)may hold public seminars, conduct workshops and establish working groups and task forces.
269ZHGEReport of safeguard inquiry to be tabled#
The Minister must cause a copy of the Commissioner’s report on a safeguard inquiry to be tabled in each House of the Parliament:
(a)within 25 sitting days of that House after the day on which the Minister receives it; or
(b)if the Commissioner recommends that the tabling of the report, or part of the report, be delayed for a specified period—within 25 sitting days of that House after the end of that period.
269ZHGFNotice of safeguard inquiry#
As soon as practicable after the Commissioner receives a reference to hold a safeguard inquiry, the Commissioner must give reasonable notice, by publishing a notice on the Australian Trade Remedies Commission’s website, of the Commissioner’s intention to hold the inquiry.
269ZHGGNotice of hearings#
Before the Commissioner begins to hold hearings for the purposes of a safeguard inquiry, the Commissioner must give reasonable notice, by publishing a notice on the Australian Trade Remedies Commission’s website, of the Commissioner’s intention to hold the hearings, the subject of the hearings and the time and place at which the first of the hearings is to begin.
269ZHGHProcedure at hearings#
(1)A hearing must be held in public except in the circumstances set out in subsection (2).
(2)If the Commissioner is satisfied that it is in the public interest not to hold the hearing, or a part of it, in public because of the confidential nature of any evidence or matter, or for any other reason, it may:
(a)direct that the hearing, or that part of it, take place in private; and
(b)give directions as to who may be present.
269ZHGIWritten statements etc. to be made public#
(1)If a person gives a written statement to the inquiry or gives or produces a document to the Commissioner in connection with the inquiry, the Commission must make available to the public in any way it thinks fit the contents of the statement or document.
(2)Subsection (1) does not apply in relation to the contents of a statement or document if:
(a)the person objects to the contents being made public; and
(b)the evidence of which the Commissioner is satisfied would have been taken in private if it had been given orally at a hearing and the person giving it had objected to giving it in public.
(3)Subsection (1) does not apply in relation to the contents of a statement or document if the Commissioner has reason to believe either or both of the following:
(a)the contents were provided on a confidential basis;
(b)the contents are of a confidential nature.
(4)The Commissioner may disregard the contents of a statement or document if:
(a)the contents of the statement or document were provided on a confidential basis as referred to in paragraph (3)(a); and
(b)both of the following apply in relation to the party providing the statement or document:
(i)the party does not consent to the contents of the statement or document being disclosed;
(ii)the party does not agree to give the Commissioner a summary of the information that is not confidential; and
(c)the Commissioner is satisfied that the request for the contents to be treated as provided on a confidential basis is not warranted.
(5)To avoid doubt, nothing in subsection (4) prevents the Commissioner taking into account the contents of a statement or document to which that subsection applies if the Commissioner is satisfied on the basis of appropriate sources that the contents of the statement or document are correct.
(6)To avoid doubt, nothing in subsections (2) to (5) prevents the Commissioner from publishing the contents of a statement or document if the party who gives the statement or document consents to the publication of the contents of the statement or document.
269ZHGJCommissioner may request information#
(1)The Commissioner may request the Productivity Commission to disclose information held by the Productivity Commission that was obtained or generated in the course of the Productivity Commission conducting an inquiry under Part 3 of the Productivity Commission Act 1998 in relation to a matter that related to the Safeguards Agreement.
(2)The Commissioner must not make a request under subsection (1) unless the Commissioner is satisfied it is necessary for the purposes of conducting a safeguard inquiry.
(3)The Productivity Commission may disclose information requested in accordance with subsection (1) to the Commissioner.
(4)The Commissioner may use or disclose information disclosed to the Commissioner in accordance with this section if the use or disclosure is for the purposes of the performance of the Commissioner’s functions under section 269ZHGB.
269ZHGKSafeguard inquiry rules#
(1)The Minister may, by legislative instrument, make rules making provision for and in relation to the conduct of safeguard inquiries.
(2)Without limiting subsection (1), rules made for the purposes of that subsection may make provision for and in relation to one or more of the following:
(a)the role and responsibilities of the Commissioner in conducting a safeguard inquiry;
(b)practice and procedure to be followed, including in relation to the participation of interested parties;
(c)timeframes within which the Commissioner must do particular things;
(d)requirements about the keeping or use of evidence, information, statements or documents obtained by the Commissioner in conducting a safeguard inquiry.
21 Subsection 269ZI(1)
Omit “Anti-Dumping Commission’s”, substitute “Australian Trade Remedies Commission’s”.
22 Paragraphs 269ZZD(a), (b), (ba) and (c)
Omit “Anti-Dumping Commission’s”, substitute “Australian Trade Remedies Commission’s”.
23 Paragraph 269ZZYC(a)
After “Part XVB”, insert “(including the operation of the provisions relating to the conducting of safeguard inquiries)”.
Customs Tariff (Anti-Dumping) Act 1975#
24 Subsections 8(5C) and (8), 9(5B) and (8), 10(5B) and (9) and 11(6) and (9)
Omit “Anti-Dumping Commission’s”, substitute “Australian Trade Remedies Commission’s”.
25 Application of amendments
The amendments made by this Schedule apply in relation to safeguard inquiries beginning on or after the commencement of this Schedule.
Note: This means inquiries under Part 3 of the Productivity Commission Act 1998 relating to the Safeguards Agreement that began before that commencement will continue to be conducted in accordance with that Part.
[Minister’s second reading speech made in—
Senate on 24 June 2026
House of Representatives on 15 September 2026]
(80/26)
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.