Legal Insights · 22 Sep 2026

Australia’s Trade Remedies Reform: Safeguard Inquiries to Move to the Australian Trade Remedies Commission

Australia is consolidating its trade-remedies framework by transferring safeguard inquiries to the future Australian Trade Remedies Commission, with implications for Chinese exporters and Australian importers.

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Australia is restructuring its trade-remedies framework, with safeguard inquiries moving from the Productivity Commission to the Anti-Dumping Commission, which will become the Australian Trade Remedies Commission.

The change is relevant to Chinese exporters and Australian businesses importing goods from China, particularly in industries exposed to increased import competition.

What are safeguard measures?

Safeguard measures are trade remedies that may be used where a significant increase in imports causes, or threatens to cause, serious injury to an Australian industry.

Unlike anti-dumping or countervailing measures, safeguards do not necessarily depend on a finding that imported goods have been dumped or subsidised.

They can take the form of measures such as tariffs or quotas.

What is changing?

The Customs Amendment (Safeguard Inquiries) Bill 2026 was passed by Parliament on 17 September 2026. The reform transfers responsibility for safeguard inquiries from the Productivity Commission to the Anti-Dumping Commission, which is to be renamed the Australian Trade Remedies Commission.

The reform will bring safeguard inquiries together with Australia's existing anti-dumping and countervailing investigations within a specialist trade-remedies institution.

The change does not itself impose a new tariff or quota on Chinese imports. Rather, it changes the institutional framework through which future safeguard inquiries are conducted.

Why does this matter to Chinese exporters?

Chinese manufacturers and exporters supplying the Australian market should monitor developments where imports increase substantially and Australian producers claim serious injury.

Potentially affected businesses may need to respond to:

  • safeguard applications and inquiries;
  • requests for commercial and financial information;
  • questions concerning import volumes and pricing;
  • allegations concerning injury to Australian industry; and
  • potential tariffs or quantitative restrictions.

Australian importers may also face commercial consequences where safeguard measures affect the cost or availability of imported products.

Practical considerations for businesses

Chinese exporters should maintain reliable records concerning:

  • export volumes and pricing;
  • production costs;
  • Australian customers and market share;
  • supply-chain arrangements;
  • changes in import volumes;
  • pricing differences between markets; and
  • factors affecting Australian industry independently of imports.

Such information may become important if a safeguard investigation is commenced.

Australian importers should also review long-term supply contracts to consider how tariffs, quotas and other trade-remedy measures are allocated between the parties.

Looking ahead

The reform represents an important development in Australia's trade-remedies framework. For Chinese businesses with significant exposure to the Australian market, trade-remedy risk should form part of broader regulatory and contractual risk management.

Businesses should monitor safeguard developments alongside anti-dumping and countervailing investigations and seek advice promptly if an inquiry affects their products.

Note

This material is general information, not legal advice, and does not take your circumstances into account. For advice on a specific matter, contact our Sydney office.