Conference User Guide

The Anti-Dumping Review Panel ("ADRP") is able to hold a conference at any time after receiving an application for a review. The purpose of the conference is to obtain further information in relation to an application or review before the ADRP.
What is a ‘conference’?
A ‘conference’ in the context of the ADRP is a meeting between the ADRP member considering an application for review or conducting a review (“Reviewing Member”), and relevant parties who can provide further information to the Reviewing Member in relation to an application or review. The holding of a conference is at the discretion of the Reviewing Member considering an application or conducting the review. Conferences are in addition to the existing ADRP information gathering process of inviting submissions from parties.
What is the purpose of a conference?
Conferencing provides a flexible and expedient means for the Reviewing Member to obtain further relevant information from parties. The Reviewing Member will only have regard to information provided at the conference that relates to relevant information within the meaning of section 269ZZK(6) of the Customs Act 1901.
Further information that may be obtained through a conference includes a party being asked to clarify an argument, claim or specific detail contained in the party’s application or submission. As the purpose of conferencing is to obtain further information, conferences are not an opportunity to investigate claims not otherwise raised by parties in their application(s) to the ADRP or submissions before the Reviewing Member. In addition, conferences are not formal hearings of the review and are not an opportunity for parties to argue their case before the Reviewing Member.
When can a conference be held?
The Reviewing Member may hold a conference at any time after receiving an application for review.[1]
How many conferences will be held?
The number of conferences held during the course of an investigation will be at the discretion of the Reviewing Member depending on the application(s) and submission(s) received.
How will the conference be scheduled?
If a conference is to be held, the Secretariat will contact the relevant parties by email with a proposed date of the conference and will ask for the relevant party’s availability. Once availability is confirmed and a date is agreed by the Reviewing Member, the Secretariat will provide a notice to the relevant parties with the conference date, time and proposed discussion topics. The notice will also include directions on how to dial-in to the teleconference.
Can conferences be rescheduled?
Rescheduling conferences may inconvenience other parties, place an unwarranted administrative burden on the Reviewing Member and may not be possible where a review has already commenced due to the strict timeframes within which the Reviewing Member must make their recommendation or decision. Therefore, the Reviewing Member expects that scheduled dates for conferences will be respected and will scrutinise requests for rescheduling closely to ensure that they are granted only when absolutely necessary.
Requests to reschedule must be made to the Secretariat within two business days of being notified of the conference date. Parties requesting to reschedule a conference must fully explain in writing why they require the conference to be rescheduled and include an alternative date and time. Parties will be notified in writing of the outcome of their request. The Reviewing Member’s decision will be final.
Who will be at the conference?
The Reviewing Member may invite such persons or bodies it considers appropriate for the purpose of obtaining further information in relation to an application it has received or review it is undertaking. These parties may include:
  •  an Anti-Dumping Commission representative;
  •  the applicant(s);
  • the applicant(s)’s representative (if applicable);
  •  parties who have made submissions; and
  • an interpreter (if applicable).

If the conference is held prior to the commencement of a review, the applicant must be invited to the conference.[2] If the applicant does not attend this conference and the Reviewing Member is not satisfied that the applicant has a reasonable excuse for not attending, the Reviewing Member may reject that applicant’s application.

Where will the conference be held?
Conferences will generally be held via teleconference. If you are invited to a teleconference, the Secretariat will provide you with instructions on how to participate in the teleconference. 
In limited circumstances, including where a large number of participants are required, conferences may be conducted via videoconference or in person, at the discretion of the Reviewing Member. Videoconferences will be conducted using the Department of Industry, Innovation and Science facilities in capital cities around Australia.
In person conferences will be held in the Department of Industry, Innovation and Science’s State and Territory office in the State or Territory in which the Reviewing Member resides.
What happens at conferences? 
At a conference, the Reviewing Member will ask conference participants questions relating to the topics identified in the conference notice provided to conference participants beforehand. Conference participants will then be provided an opportunity to address the questions raised and provide additional information. 
What if I require an interpreter to participate in a conference?
Conferences will be conducted in English.
You are responsible for arranging the services of an interpreter (and meeting the cost of that service) if you require one. You will bear the responsibility for ensuring that your appointed interpreter is capable of accurately interpreting proceedings of the conference. You must provide the Secretariat with your interpreter’s details prior to the conference.
How will confidential information be treated in a conference?
Conferences will not be confidential unless requested by a party in advance. If you wish to raise confidential information in a conference, you must notify the Secretariat no later than two business days before the conference and identify broadly the topics or categories of information which are confidential (for example, production unit prices). In order to protect confidentiality, attendance at conferences concerning confidential information will be limited.
Conferences concerning confidential information will only be attended by:
  • the Reviewing Member;
  • an Anti-Dumping Commission representative (if applicable);
  • the conference participant who will be raising confidential information;
  •  the conference participant’s representative (if applicable);
  •  an interpreter (provided by the participant if required); and
  • a transcriber (if applicable)
  • Conference summary

    Conferences will be transcribed by an officer of the teleconference provider. If the conference is held in relation to a review of a decision of the Minister or decision of the Commissioner to terminate an investigation, a non-confidential conference summary for the public record will be provided to the conference participant(s) for comment. The conference summary is reviewed for accuracy and any confidential information must be identified for redaction or removal. Once comments have been received the non-confidential conference summary will be published on the ADRP website.
  • Do I have to come to the conference?
    It is in the interests of a party invited to a conference to attend, as doing so will assist the Reviewing Member obtain further information on their application or submission. 
    Where a conference is held prior to the commencement of a review, the applicant must attend and if the applicant does not attend, the Reviewing Member may reject that applicant’s application.  Attendance is otherwise not compulsory.
    See section 269ZZHA and section 269ZZRA of the Customs Act 1901 for further information.

    [1] Customs Act 1901 s 269ZZHA(1) and s 269ZZRA(1).
    [2] Customs Act 1901 s 269ZZHA(3)(a) and s 269ZZRA(3)(a).
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