Customs Amendment (Safeguard Inquiries) Bill 2026
Mr BURNELL (Spence) (10:59): The Customs Amendment (Safeguard Inquiries) Bill 2026 is about ensuring that Australia has the tools, the expertise and the institutions necessary to protect Australian industry in an increasingly uncertain global trading environment. It reflects a simple principle that should unite every member of this House: when Australian businesses compete, they deserve a fair contest.
Local manufacturers should succeed because of their innovation, productivity and hard work. They should not be forced to compete against unfair trade practices that distort markets and undermine confidence. The Albanese Labor government believes strongly in the benefits of trade.
We are an outward-looking nation whose prosperity has been built through engagement with the world from the earliest exports of wool and wheat through to today's advanced manufacturing, critical minerals, agricultural services and technology sectors, Australia's history has been shaped by our ability to trade with the world. Millions of Australians' jobs depend on our ability to sell goods and services beyond our shores, attract investment and participate in global supply chains.
One in four Australian jobs is trade exposed, highlighting just how important international commerce is to our national prosperity. The government has demonstrated its commitment to expanding trade opportunities for Australian businesses and workers. Manufacturing exports have grown substantially under this government.
Our trading relationship with China has been repaired, and new free trade agreements have been secured with the United Kingdom, the United Arab Emirates and the European Union. Those achievements strengthen opportunities for exporters, create jobs and support economic growth across our nation. Support for trade, however, does not mean accepting unfair conduct when it occurs.
Open markets must be accompanied by effective safeguards that ensure Australian industries are not harmed by practices that breach the spirit or the rules of international commerce. Free trade and fair trade are not competing concepts; they are complementary principles that work together to create confidence, investment and long-term prosperity. When overseas producers dump goods into markets at artificially low prices, when products benefit from unfair subsidisation or when sudden surges of imports threaten serious injury to domestic industries, governments have a responsibility to act.
That responsibility is recognised under the rules of the World Trade Organization. WTO members are permitted to implement trade remedy measures in carefully defined circumstances to protect domestic industries from demonstrable harm. Those measures are not acts of protectionism; they are lawful mechanisms designed to ensure international trade remains fair, balanced and rules based.
Australia has long maintained a trade remedies framework to fulfil that purpose, yet the reality is that that system we inherited is no longer equipped to mee the challenges of the modern trading environment. As we all know, global markets have become more volatile, geopolitical tensions have increased and supply chains have experienced significant disruptions.
Manufacturing sectors across the world are confronting excess capacity and heightened competition. Those developments have increased the demand for effective trade remedies and exposed weaknesses in Australia's existing arrangements. The current framework divides responsibility between different agencies.
The Anti-Dumping Commission undertakes investigations relating to dumping and subsidisation. The Productivity Commission conducts safeguard inquiries when concerns arise about import surges causing serious injury to domestic industries. That split structure may once have appeared workable, but today it represents an unnecessary fragmentation of expertise and responsibility.
Australian manufacturers navigating the trade remedy system should not be required to understand multiple agencies, separate processes and different institutional arrangements simply to seek assistance. Industry deserves a system that is clear, accessible and fit for purpose. That is what this legislation delivers.
The bill transfers responsibility for safeguard inquiries from the Productivity Commission to the Anti-Dumping Commission. In recognition of its expanded role, the commission will be renamed the Australian Trade Remedies Commission. That new title accurately reflects the breadth of responsibilities the organisation will undertake.
More importantly, it establishes a single specialist body responsible for Australia's trade remedy functions. Consolidating these responsibilities will strengthen capability, improve consistency and create a more coherent framework for industry engagement. Businesses seeking assistance will know where to go, government will benefit from greater alignment across trade remedy mechanism and stakeholders will interact with a specialist agency whose expertise is focused squarely on addressing unfair trade practices.
These reforms were announced by the Treasurer, Minister Farrell and Minister Ayres following the economic reform roundtables in August 2025. The announcement followed extensive advocacy from industry groups, manufacturers and unions who recognised the need for reform. Their message was clear: Australia's trade remedies framework required modernisation to meet contemporary challenges and support domestic industry more effectively.
Under the bill, the Australian trade remedies commissioner will be empowered to conduct safeguard inquiries when matters are referred by the responsible minister. The legislation establishes a clear framework governing how those inquiries are undertaken. Detailed provisions set out referral arrangements, reporting requirements and transparency obligations.
Once an inquiry is completed, the commissioner will provide a written report to the minister. That report must be tabled, ensuring parliamentary oversight and public accountability. Public notice requirements will ensure interested parties are aware of inquiries and have opportunities to participate.
Hearings will generally be conducted openly while preserving the ability to protect sensitive information in appropriate circumstances. Documentation provided to the commission will be made publicly available, except where legitimate confidentiality considerations apply. Transparency is a central feature of this reform.
Stakeholders must have confidence that trade remedies are based upon evidence, rigorous analysis and clearly articulated reasoning. Public trust is strengthened when decision-making processes are visible and accountable. The bill also equips the commissioner with information-gathering powers necessary to conduct thorough investigations.
Those powers mirror arrangements currently available to the Productivity Commission. They ensure inquiries can access the evidence required to make informed recommendations. Robust evidence gathering is essential because safeguard measures carry significant economic implications, and decisions made must be grounded in facts rather than assumptions.
The government is committed to maintaining a rules based system that balances competing interests responsibly. That commitment is reflected in the public interest test contained within this legislation. Before recommending safeguard measures, the commissioner must consider a range of relevant factors.
Potential benefits to Australian producers will be assessed. The significance of affected industries to the national economy will be examined. Consideration will be given to downstream industries that rely upon imported inputs.
The likely impacts on consumers will also form part of the analysis. Ministers will retain the ability to specify additional matters through terms of reference where appropriate. These requirements recognise an important reality.
Trade remedy measures can provide important support for industries experiencing injury, but they may also have broader economic consequences. Responsible policy requires decision-makers to weigh those considerations carefully. The framework established by this bill strikes that balance.
It protects Australian industry while maintaining transparency, accountability and consistency with Australia's international obligations. The inclusion of a public interest assessment should provide confidence to businesses, workers and consumers alike. Recommendations will not be developed in isolation from their broader economic context.
They will reflect a comprehensive examination of impacts across the economy. That approach is practical, balanced and responsible. It is also consistent with Australia's longstanding support for a rules based trading system.
Some have sought to characterise trade remedies as measures directed at particular countries. The suggestion that these reforms are directed towards any particular nation fundamentally misunderstands how Australia's trade remedies framework operates. Every investigation is conducted independently, guided by evidence and consistent with Australia's obligations under the WTO.
Recommendations are reached on the facts established through each inquiry, not on political considerations or on the identity of a trading partner. The purpose is to respond to unfair trade practices wherever they arise while preserving Australia's commitment to an open rules-based trading system. Decisions are made in accordance with WTO obligations and established legal frameworks.
The purpose is not to target any specific trading partner but instead to protect Australian industries from unfair trade practices wherever they occur. Australia is not alone in maintaining such arrangements. Comparable economies around the world utilise trade remedies to ensure domestic industries are not disadvantaged by unfair conduct.
The challenge facing governments today is ensuring that those mechanisms remain effective as global conditions evolve. The need to reform is particularly evident in sectors experiencing intense international pressure. Australia's steel industry provides a clear example.
Persistent global overcapacity has created significant challenges for producers around the world. Industry participants have expressed concerns regarding import pressures and their impact on domestic operations. The Australian Steel Institute formally requested a safeguard inquiry into certain fabricated structural steel products.
In accordance with the current legislative framework, the government referred that application to the Productivity Commission for consideration; that inquiry is continuing. Nothing in this bill alters or interferes with that process. Existing arrangements remain in place for the duration of the current inquiry, and this legislation simply establishes a more effective framework for future cases.
Industry has welcomed that approach. Support for these reforms extends across a broad range of stakeholders. Representatives of manufacturers, producers, importers, unions and government agencies participating in the International Trade Remedies Forum have endorsed the transfer of safeguard responsibilities.
Major industry organisations have called for these changes. Trade unions representing Australian workers have done the same. The Australian Industry Group, Manufacturing Australia, the Australian Steel Institute, the AWU, the AMWU, the Textile, Clothing and Footwear Union and the ACTU have all advocated for reform.
Such broad agreement is not always common in public policy. When employers, workers and industry bodies arrive at the same conclusion, parliament should take notice because these groups understand the practical realities facing Australian manufacturing. They recognise the importance of maintaining effective trade defences.
Even members opposite have previously acknowledged the need for stronger trade remedy arrangements. Senator Canavan has publicly raised concerns regarding imports that threaten Australian manufacturing jobs. He has also argued for investment in the Anti-Dumping Commission to ensure Australia can take evidence based action against international trade rules.
Those observations reinforce an important point: strengthening Australia's trade remedies framework should not be a partisan issue; it is a matter of supporting Australian workers, Australian manufacturers and Australian communities. The previous government spoke about changes to Australia's antidumping system. The difference is that this government is delivering the reform.
The need for reform was acknowledged, but acknowledgement alone does not strengthen Australian industry. After almost a decade in government, the coalition left office without implementing the changes it had promised to Australia's trade remedies framework. Labor has taken a different approach.
We have consulted widely. We have engaged directly with businesses, unions, manufacturers and importers. We released a consultation paper and sought feedback from stakeholders across the economy.
Operational improvements have already been pursued within the Anti-Dumping Commission. Efforts to reduce complexity and improve accessibility are continuing. Greater engagement with small and medium-sized enterprises is underway.
Work is progressing to provide stakeholders with timely information about global trade developments and potential trade diversion risks. This bill represents another practical step in that broader reform agenda. It is part of a comprehensive effort to ensure Australia's trade remedies regime meets the needs of modern industry.
The Albanese Labor government is determined to build a future made in Australia. Achieving that objective requires more than investment alone. Businesses need confidence that markets operate fairly.
Manufacturers need confidence that unfair practices will not be ignored. Workers need confidence that government will stand behind industries that play a critical role in national prosperity. Strengthening trade remedies supports those goals.
Consolidating expertise within a single specialist body improves effectiveness, enhances transparency and strengthens confidence. Modernising institutional arrangements increases accessibility and responsiveness. Together, these reforms help create a stronger and more resilient economy.
They ensure Australia remains committed to free trade while maintaining the capacity to respond when trade is not fair. In a period of growing uncertainty across global markets, that capability has never been more important. For all those reasons, I commend this bill to the House.
It does a lot of great work in protecting great businesses and workers in communities like mine in the seat of Spence.