Tim Ayres (NSW, Australian Labor Party, Minister for Industry and Innovation) | Link to this | Hansard source

I table the explanatory memorandum relating to the bill and move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated into Hansard.

Leave granted.

The speech read as follows—

The Albanese Government supports free and fair trade.

Since coming to office, we have repaired our trading relationship with China and signed free trade agreements with the European Union, the United Arab Emirates and the United Kingdom.

We are a trading nation. Rules-based trade is good for Australia and Australian jobs and households.

But when trade is not fair, we stand up for Australian businesses and Australian workers, with evidence-based processes that safeguard the national interest.

We take action to ensure Australian manufacturing isn't hurt by unfair trade.

We act, because we want a strong and resilient economy and a Future Made in Australia.

Today I introduce the Customs Amendment (Safeguard Inquiries) Bill 2026.

This Bill represents an important step forward in creating fit-for-purpose national trade architecture for a complex and shock prone world.

This Bill vests responsibility for undertaking safeguard inquiries with the Australian Trade Remedies Commission (currently known as the Anti-Dumping Commission).

The transfer is an important step in modernising Australia's trade remedies system.

This will streamline Australia's trade remedies architecture.

Australia's trade remedies system has not undergone significant reform in a decade.

The turbulence of global trade and significant over capacity requires us to strengthen our trade defences. This is why the Albanese Government has committed to strengthening and modernising Australia's trade remedies system—to ensure it is fit-for-purpose to address current and emerging trade challenges.

Australia is increasingly at risk of import surges that threaten our domestic manufacturers. Safeguard actions are an important tool in maintaining our sovereign capability in response to such surges. Safeguard actions may be applied when a safeguard inquiry finds that there has been an increase in imports that is causing or threatening to cause serious injury to a domestic industry.

The Customs Amendment (Safeguard Inquiries) Bill will give effect to the transfer of responsibility for safeguard inquiries from the Productivity Commission to the Commissioner of the Australian Trade Remedies Commission. This is a commitment that we made following the Economic Reform Roundtable. Better, more efficient regulation was a key area of consensus from the Roundtables.

Consolidating responsibility for all trade remedies functions within the Australian Trade Remedies Commission will better support Australian manufacturers and consumers through a single expert agency, while streamlining processes and improving regulatory efficiency.

The Bill will rename the Anti-Dumping Commission to the Australian Trade Remedies Commission to reflect the Commission's broader remit.

Consistent with our obligations under international law, safeguard actions can be imposed by the Government if an inquiry objectively determines that an increase in imports due to unforeseen developments is causing or threatening to cause serious injury to an Australia industry. These measures serve as short-term "emergency relief" to allow local producers to adjust to new market conditions and to defend Australia's interests. These measures support local businesses, giving Australian industries vital breathing space to adapt, restructure, or improve their competitiveness, in line with the international rules-based approach and Australia's overall open trade commitments.

As occurs under the existing approach, in practice, industry representatives would write to government to apply for safeguard inquiries. The responsible Minister can—if warranted—ask the Commissioner to commence a safeguard inquiry and issue a Terms of Reference for that inquiry.

The Bill establishes a framework for fair procedures for the parties involved and rigorous approaches in the conduct of safeguard inquiries. The Bill ensures that the Commissioner conducts inquiries based on evidence to establish if there has been an unforeseen surge in imports that is causing, or threatening to cause, serious injury to Australian industry.

Given safeguard measures can impact on the economy, downstream industries, and consumers, the Bill introduces a legislated public interest consideration. This requires the Commissioner to have regard to whether implementation of a safeguard measure is in the public interest before making a recommendation to the Minister.

To do this the Commissioner will consider:

Under the Bill, as is currently the case, the Commissioner must provide the Minister with a report of the safeguard inquiry. The written report will then be tabled in Parliament for transparency. The Commissioner must also, subject to certain exceptions relating to confidential information, make public all material received as part of a safeguard inquiry.

The Productivity Commission will continue to be responsible for safeguards inquiries that are in train before the commencement of the Bill. This means that the existing safeguard inquiry on fabricated structural steel will remain with the Productivity Commission until completion. That inquiry will remain governed by the current laws and processes and not by this Bill.

In summary, this Bill will create one-specialist body in the Australian Trade Remedies Commission. It will comply with Australia's commitments to the World Trade Organization and the rules-based trading system. It will provide stronger defences against sudden and unforeseen surges in imports by providing a single authority that can bring deep expertise to trade remedies—supporting Australian industry, our regions and a Future Made in Australia.

Ordered that further consideration of the second reading of this bill be adjourned to 11 August 2026, in accordance with standing order 111.