will be done in the normal way in the mid-year review. In relation to the 2010-11 impact, you will see—and I am sure others at this table have far more expertise than I have on this—that there remains a $40 billion write-down, or less revenue, in that year than was forecast by treasury over the forward estimates period, dating from the precrisis forecast. We are still seeing revenues being hit as a result of what has occurred in the global economy over the last years, as
AUSTRALIA
evidenced in the final budget outcome”.
On the domestic front, a
great deal of attention was directed to the evidence of the Commonwealth Ombudsman, Mr Allan Asher. At the May 2011 Budget Estimates, Mr Asher provided suggested questions to Australian Greens Senator Sarah Hanson-Youngfor her to ask Mr Asher. At the start of his evidence during the October Senate Budget Estimates, Mr Asher apologised for this conduct. Mr Asher stated that
“this was an error of judgement and it was a mistake. I wish to, firstly, apologise to the committee for that. I wish to explain my actions in the context of, firstly, my concerns about the financial state of the Office of the Ombudsman and, secondly, the absence of any specialist parliamentary committee through which the
Ombudsman's performance can be assessed or concerns heard”.
Sen. the Hon. John Faulkner questioned Mr Asher
about the potential harm his actions may have brought to the independence of the office of the Ombudsman. Mr Asher responded “no, I do not believe it affects the independence in any way. The information provided, and the questions, were clearly of an administrative character, about the funding and our continued capacity to undertake the work. In that way, I think that the questions were, in an independent sense, quite neutral”. Senator Faulkner commented that “do you
THIRD READING: AUSTRALIA
Customs Amendment (Anti-dumping Improvements) Act 2011 The Customs Amendment (Anti-dumping Improvements) Act implements the government’s objective to improve anti-dumping laws. The Minister for Home Affairs and Minister for Justice, Hon. Brendan O’Connor, MP, commented that the measures “are the most important changes to Australia's antidumping regime in more than a decade”. The Minister stated that ‘these changes overall will improve the antidumping system's effectiveness and they are vital because, even though our economy is strong, some local industries are vulnerable to dumping”. The legislation introduces four key themes. First, will be the introduction of a time limit on ministerial decision making. The Minister will make a decision within 30 days of receiving a report or recommendation on which to make a decision. Second, the Minister’s decision making will be improved “by clarifying that all appropriate and relevant factors which may indicate material injury to an Australian industry are specifically listed as factors to which the minister may have regard”. The third objective of the legislation is to ensure “greater comparability of Australia's anti-dumping system with those of other jurisdictions, and further implement the relevant World Trade Organisation agreements which provide the basis for internationally agreed antidumping rules”. Fourth, the legislation ‘will clarify that parties with a clear interest in antidumping matters are expressly given
350 | The Parliamentarian | 2011: Issue Four
an opportunity to participate in antidumping investigations”. The Minister concluded that “the government's
package of improvements, of which this bill is the first tranche, will provide more certainty for local manufacturers and primary producers resulting in more confidence to invest in the future”. The Shadow Minister for Innovation, Industry and Science, Ms Sophie Mirabella, MP, noted that “this is a day that Australian industry and the coalition has been waiting for a long time—around three years, in fact”. Ms Mirabella noted that the coalition supported the legislation. She was critical, however, of the government’s performance commenting that “we are glad that, dragged kicking and screaming though they may have been, the government have eventually reacted to the combined pressure of the coalition, Senator Xenophon, industry groups, individual businesses and trade unions to make changes such as imposing a time limit of 30 days on ministerial decision making, widening the range of factors available for consideration in the determination of material damage and expanding the list of subsidies against which Australian industries can apply for countervailing duties”. Ms Mirabella concluded that Labor's changes do represent an improvement, “but you could also be forgiven for being worried that the pursuit of this so-called package of improvements will, at the end of the day, just be another chapter in the long tale of Labor inaction and impotence when it comes to anti-dumping”.
Sen. the Hon. John Faulkner
consider approaching one senator from one political party as opposed to all the membership of a parliamentary committee as something that might raise questions about, firstly, your impartiality and, secondly, the need for you to act in a manner that is unquestionably apolitical?” Mr Asher responded that he was apolitical.
Senator Faulkner noted that an integrity agency such as the Ombudsman should be setting an example for wider public service. Mr Asher, in responding, to the question of whether he has met the high standards required responded that 2I think this was clearly an error in judgment. It was clearly a mistake”. On 20 October 2011 Mr Asher resigned as Ombudsman 14 months into his five year contract.