The Anti-Dumping Commission has been renamed the Australian Trade Remedies Commission. The commission is now responsible for safeguard inquiries.
Read more about the changes.
Safeguards are temporary measures the government can apply to particular imported goods when unforeseen developments lead to increased imports that cause, or threaten to cause, serious injury to an Australian industry.
They give the industry time to adjust to changed competitive conditions.
The request should explain the concerns of the affected industry and provide supporting evidence. To request a safeguard inquiry, you need to write to the minister.
Read how to prepare and submit your request on the department’s website.
If they do, a safeguard inquiry begins.
The commissioner investigates the matters in the referral, with help from the Australian Trade Remedies Commission. The commissioner publishes information about the inquiry, invites evidence from the community where appropriate, and manages the public record of the inquiry.
The commissioner must present a written report. If the referral requires the commissioner’s recommendations, they must be in the report.
It also decides what form a measure will take.
If you want to understand more about safeguard inquiries or receive technical guidance on a possible request:
A safeguard inquiry starts when the minister refers it to the commissioner.
After receiving a referral, the commissioner publishes a notice of the inquiry on our trade remedies notice page. The notice and the electronic public record explain:
The commission may also:
What happens in a particular inquiry will depend on the minister’s referral and the circumstances of the inquiry.
We usually publish written statements and documents received during an inquiry. Different arrangements apply to confidential information. Check the requirements for the particular inquiry before providing information.
A referral may require public hearings, or the commissioner may decide to conduct them.
The commissioner will publish advance notice of a hearing’s subject, time and place. The commissioner may direct all or part of a hearing to be private, including when confidential evidence is given.
The commissioner investigates the matters in the minister’s referral. If the referral requires a recommendation about a safeguard measure, the commissioner considers whether:
Read what the commission investigates for more information about the evidence and criteria.
A referral may require the commissioner to make recommendations on the type and duration of measures.
A safeguard measure may take the form of:
The government may only impose a measure to the extent necessary to address the serious injury, or threat of serious injury, caused by the increased imports.
An initial safeguard measure can apply for up to 4 years. It may be extended. The total period, including any provisional measure and extensions, cannot be more that 8 years.
If required by the referral, the commissioner may recommend a provisional safeguard measure while the inquiry continues.
A provisional measure must be in the form of a tariff. It may apply for no more than 200 days.
The government decides whether to apply a provisional safeguard measure.
The referral may require the commissioner to:
Unless the minister withdraws the referral, the commissioner must give the minister a written report on the inquiry. If the referral requires recommendations, the report must include them. Reports must be tabled in Parliament.
The government makes the final decision about whether to apply a measure.
For questions about an Australian Trade Remedies Commission safeguard inquiry, email clientsupport@adcommission.gov.au or call 13 28 46 or +61 2 6213 6000 between 9 am and 5 pm, Monday to Friday.
Eligible small and medium businesses can get free assistance from the International Trade Remedies Advisory Service.
