Review Process

The Anti-Dumping Review Panel (ADRP) reviews certain decisions of the Minister for Industry, Innovation and Science and the Commissioner of the Anti-Dumping Commission (ADC) made under Part XVB of the Customs Act 1901 (the Act).
 

Reviewable decisions of the Minister

Reviewable decisions of the Minister are set out in section 269ZZA of the Act. The Minister may either affirm the reviewable decision, or revoke the reviewable decision and substitute it with a new decision.

 If the Minister affirms the reviewable decision:
·         that decision remains in force; and
·         a public notice of the Minister’s decision is posted on the ADRP website
If the Minister revokes the reviewable decision:
·         a public notice is published stating that the Minister has revoked the decision and has made a new decision.
The Minister’s decision takes effect from the time specified by the Minister in the public notice.  The review process is governed by strict statutory timeframes set out in Part XVB of the Act.
 
Below is an overview of the process, with reference to the relevant sections of the Act: 
    1. Interested parties may seek a review within 30 days of the decision being published by the Anti-Dumping Commission (ss 269ZZC and 269ZZD)
    2.  An application must be made using the form available on the ADRP website (s269ZZE)
    3. The ADRP may at any time after receiving an application for a review, hold a conference with persons or bodies as it considers appropriate for the purpose of obtaining further information in relation to the application or review (s269ZZHA)
    4. If the ADRP initiates a review, a notice will be posted on the ADRP website indicating that a review will commence (s269ZZI)
    5. Within 30 days after the publication of the notice, submissions may be made to the ADRP by certain interested parties (s269ZZJ)
    6.  If an application is not rejected, at the end of the review the ADRP must provide a report to the Minister either recommending that the Minister affirm the reviewable decision, or recommending that the Minister revoke the reviewable decision and substitute a specified new decision (s269ZZK)
      1. During the review the ADRP may require the Commissioner of the ADC to conduct a reinvestigation into certain findings before making a recommendation to the Minister (s269ZZL)
    7.  After receiving a report by the ADRP, the Minister must make a decision within 30 days of receiving the report, or if the Minister considers that there are special circumstances, such longer period as the Minister considers appropriate (s269ZZM)
    8. Notice of the Minister’s decision and a public version of the ADRP’s report is published on the ADRP website (s269ZZM)
    9. Interested parties may seek a review of the Minister’s decision by lodging an application with the Federal Court of Australia, in accordance with the requirements of the Administrative Decisions (Judicial Review) Act 1977 within 28 days of the publication of the notice

Reviewable decisions of the Commissioner

 
A reviewable decision of the Commissioner is set out in section 269ZZN of the Act.  Reviewable decisions include:
    • Negative prima facie decision;
    • Termination decision;
    •  Negative preliminary decision; and
    • Rejection decision.
The ADRP may either affirm or revoke the Commissioner’s decision. The ADRP’s decision has the effect as if it were a decision made by the Commissioner, and takes effect from the time it is made (s269ZZV).
Below is an overview of the process, with reference to the relevant sections of the Act:
    1. An application must be made within 30 days after the applicant was notified of the reviewable decision by the Commissioner (s269ZZP)
    2. An application must be made in accordance with s 269ZZQ using the relevant form available on the ADRP website
    3. The ADRP may request further information from the applicant (s269ZZQA(4))
    4. The ADRP can reject an application or specific grounds of an application (ss 269ZZQA and s269ZZR)
    5. The ADRP may at any time after receiving an application for review, hold a conference with persons or bodies as it considers appropriate for the purpose of obtaining further information in relation to the application or review (s269ZZRA)

Negative prima facie decision review process

    1. Before the review is conducted, the ADRP must give a notice to the applicant and the Commissioner that the ADRP proposes to conduct that review (s269ZZRC)
    2. The ADRP must make a decision by affirming the reviewable decision, or revoking the reviewable decision and submitting a new decision (s269ZZS)
    3. The ADRP’s decision must be made within 60 days after giving notice of the review or such longer period allowed by the Minister in writing because of special circumstances (s269ZZS)
    4. Negative prima facie decisions are not published on the ADRP website

Termination decision review process

    1. Before the review is conducted, the ADRP must publish a notice on the ADRP website indicating that the ADRP proposes to conduct a review (s269ZZRC)
    2. The ADRP must make a decision by affirming the reviewable decision, or revoking the reviewable decision (s269ZZT)
    3. The ADRP’s decision must be made within 60 days after the publication of the notice or such longer period allowed by the Minister in writing because of special circumstances (s269ZZT)
    4. The decision is published on the ADRP’s website (s269ZZT)

Negative preliminary decision review process

    1. Before the review is conducted, the ADRP must give a notice to the applicant and the Commissioner that the ADRP proposes to conduct a review (s269ZZRC)
    2. The ADRP must make a decision by affirming the reviewable decision, or revoking the reviewable decision and substituting a new decision (s269ZZU)
    3. The ADRP’s decision must be made within 60 days after giving notice of the review or such longer period allowed by the Minister in writing because of special circumstances (s269ZZU)
    4. Negative prima facie decisions are not published on the ADRP website

Rejection decision review process

    1. Before the review is conducted, the ADRP must give a notice to the applicant and the Commissioner indicating that the ADRP proposes to conduct that review (s269ZZRC)
    2. The ADRP must make a decision by affirming the rejection decision, or revoking the rejection decision (s269ZZUA)
    3. The ADRP’s decision must be made within 60 days after giving notice of the review or such longer period allowed by the Minister in writing because of special circumstances (s269ZZUA)
    4. Negative prima facie decisions are not published on the ADRP website

Public record of reviews

The ADRP must maintain a public record for each review of a reviewable decision of the Minister and reviewable decisions of the Commissioner to terminate an inquiry.

Copies of non-confidential versions of applications and submissions received in relation to a review are placed on a public file and published on this website (see Current Reviews). If you experience problems accessing the public record, please contact the Anti-Dumping Review Panel Secretariat

A list of documents that are published on the ADRP website is available here: Publication of Documents on the ADRP website

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