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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Comprehensive
and Progressive Agreement for
Trans-Pacific Partnership
Implementation) Bill 2018
No. , 2018
(Law Enforcement and Cyber Security)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Trans-Pacific Partnership originating goods
3
Customs Act 1901
3
Part 2--Verification powers
17
Customs Act 1901
17
Part 3--Application provisions
20
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
1
A Bill for an Act to amend the Customs Act 1901,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Customs Amendment (Comprehensive and
5
Progressive Agreement for Trans-Pacific Partnership
6
Implementation) Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) the day this Act receives the Royal
Assent; and
(b) the day the Comprehensive and
Progressive Agreement for Trans-Pacific
Partnership, done at Santiago, Chile on
8 March 2018, enters into force for
Australia.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
The Minister must announce, by notifiable
instrument, the day the Agreement enters
into force for Australia.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Trans-Pacific Partnership originating goods Part 1
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
3
Schedule 1--Amendments
1
Part 1--Trans-Pacific Partnership originating goods
2
Customs Act 1901
3
1 Subparagraph 105B(3)(b)(ii)
4
Before "9,", insert "8B,".
5
2 Subsection 105B(4) (paragraph (b) of the definition of
6
biofuel blend)
7
Before "9,", insert "8B,".
8
3 Before Division 1H of Part VIII
9
Insert:
10
Division 1GB--Trans-Pacific Partnership originating
11
goods
12
Subdivision A--Preliminary
13
153ZKT Simplified outline of this Division
14
•
This Division defines Trans-Pacific Partnership originating
15
goods. Preferential rates of customs duty under the Customs
16
Tariff Act 1995 apply to such goods that are imported into
17
Australia.
18
•
Subdivision B provides that goods are Trans-Pacific
19
Partnership originating goods if they are wholly obtained or
20
produced entirely in the territory of one or more of the Parties.
21
•
Subdivision C provides that goods are Trans-Pacific
22
Partnership originating goods if they are produced entirely in
23
the territory of one or more of the Parties from originating
24
materials only.
25
Schedule 1 Amendments
Part 1 Trans-Pacific Partnership originating goods
4
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
•
Subdivision D sets out when goods are Trans-Pacific
1
Partnership originating goods because they are produced
2
entirely in the territory of one or more of the Parties from
3
non-originating materials only or from non-originating
4
materials and originating materials.
5
•
Subdivision E sets out when goods are Trans-Pacific
6
Partnership originating goods because they are accessories,
7
spare parts, tools or instructional or other information
8
materials imported with other goods.
9
•
Subdivision F deals with how the consignment of goods
10
affects whether the goods are Trans-Pacific Partnership
11
originating goods.
12
•
Subdivision G allows regulations to make provision for and in
13
relation to determining whether goods are Trans-Pacific
14
Partnership originating goods.
15
153ZKU Interpretation
16
Definitions
17
(1) In this Division:
18
Agreement means the Comprehensive and Progressive Agreement
19
for Trans-Pacific Partnership, done at Santiago, Chile on 8 March
20
2018, as amended and in force for Australia from time to time.
21
Note 1:
The Agreement could in 2018 be viewed in the Australian Treaties
22
Library on the AustLII website (http://www.austlii.edu.au).
23
Note 2:
Under Article 1 of the Comprehensive and Progressive Agreement for
24
Trans-Pacific Partnership (the Santiago Agreement), most of the
25
provisions of the Trans-Pacific Partnership Agreement (the Auckland
26
Agreement), done at Auckland on 4 February 2016, are incorporated,
27
by reference, into and made
part of the Santiago Agreement. This
28
means, for example, that Chapters 1 and 3 of the Auckland Agreement
29
are, because of that Article, Chapters 1 and 3 of the Santiago
30
Agreement.
31
aquaculture has the meaning given by Article 3.1 of Chapter 3 of
32
the Agreement.
33
Amendments Schedule 1
Trans-Pacific Partnership originating goods Part 1
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
5
certification of origin means a certification that is in force and that
1
complies with the requirements of Article 3.20 of Chapter 3 of the
2
Agreement.
3
Convention means the International Convention on the
4
Harmonized Commodity Description and Coding System done at
5
Brussels on 14 June 1983, as in force from time to time.
6
Note:
The Convention is in Australian Treaty Series 1988 No. 30 ([1988]
7
ATS 30) and could in 2018 be viewed in the Australian Treaties
8
Library on the AustLII website (http://www.austlii.edu.au).
9
customs value of goods has the meaning given by section 159.
10
Harmonized Commodity Description and Coding System means
11
the Harmonized Commodity Description and Coding System that
12
is established by or under the Convention.
13
Harmonized System means:
14
(a) the Harmonized Commodity Description and Coding System
15
as in force immediately before 1 January 2017; or
16
(b) if the table in Annex 3-D to Chapter 3, or in Annex 4-A to
17
Chapter 4, of the Agreement is amended or replaced to refer
18
to Chapters, headings and subheadings of a later version of
19
the Harmonized Commodity Description and Coding
20
System--the later version of the Harmonized Commodity
21
Description and Coding System.
22
indirect materials means:
23
(a) goods or energy used in the production, testing or inspection
24
of goods, but not physically incorporated in the goods; or
25
(b) goods or energy used in the maintenance of buildings or the
26
operation of equipment associated with the production of
27
goods;
28
including:
29
(c) fuel (within its ordinary meaning); and
30
(d) tools, dies and moulds; and
31
(e) spare parts and materials; and
32
(f) lubricants, greases, compounding materials and other similar
33
goods; and
34
Schedule 1 Amendments
Part 1 Trans-Pacific Partnership originating goods
6
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
(g) gloves, glasses, footwear, clothing, safety equipment and
1
supplies; and
2
(h) catalysts and solvents.
3
Interpretation Rules means the General Rules (as in force from
4
time to time) for the Interpretation of the Harmonized System
5
provided for by the Convention.
6
non-originating materials means goods that are not originating
7
materials.
8
non-Party has the same meaning as it has in Chapter 3 of the
9
Agreement.
10
originating materials means:
11
(a) goods that are originating goods, in accordance with
12
Chapter 3 of the Agreement, and that are used in the
13
production of other goods; or
14
(b) recovered goods derived in the territory of one or more of the
15
Parties and used in the production of, and incorporated into,
16
remanufactured goods; or
17
(c) indirect materials.
18
Party has the meaning given by Article 1.3 of Chapter 1 of the
19
Agreement.
20
Note:
See also subsection (6).
21
person of a Party has the meaning given by Article 1.3 of
22
Chapter 1 of the Agreement.
23
production has the meaning given by Article 3.1 of Chapter 3 of
24
the Agreement.
25
recovered goods means goods in the form of one or more
26
individual parts that:
27
(a) have resulted from the disassembly of used goods; and
28
(b) have been cleaned, inspected, tested or processed as
29
necessary for improvement to sound working condition.
30
remanufactured goods means goods that:
31
(a) are classified to any of Chapters 84 to 90 (other than heading
32
84.18, 85.09, 85.10, 85.16 or 87.03 or subheading 8414.51,
33
Amendments Schedule 1
Trans-Pacific Partnership originating goods Part 1
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
7
8450.11, 8450.12, 8508.11 or 8517.11), or to heading 94.02,
1
of the Harmonized System; and
2
(b) are entirely or partially composed of recovered goods; and
3
(c) have a similar life expectancy to, and perform the same as or
4
similar to, new goods:
5
(i) that are so classified; and
6
(ii) that are not composed of any recovered goods; and
7
(d) have a factory warranty similar to that applicable to such new
8
goods.
9
territory, for a Party, has the meaning given by Article 1.3 of
10
Chapter 1 of the Agreement.
11
textile or apparel good has the meaning given by Article 1.3 of
12
Chapter 1 of the Agreement.
13
Trans-Pacific Partnership originating goods means goods that,
14
under this Division, are Trans-Pacific Partnership originating
15
goods.
16
wholly formed, in relation to elastomeric yarn, has the same
17
meaning as it has in the Agreement.
18
Value of goods
19
(2) The value of goods for the purposes of this Division is to be
20
worked out in accordance with the regulations. The regulations
21
may prescribe different valuation rules for different kinds of goods.
22
Tariff classifications
23
(3) In specifying tariff classifications for the purposes of this Division,
24
the regulations may refer to the Harmonized System.
25
(4) Subsection 4(3A) does not apply for the purposes of this Division.
26
Incorporation of other instruments
27
(5) Despite subsection 14(2) of the Legislation Act 2003, regulations
28
made for the purposes of this Division may make provision in
29
relation to a matter by applying, adopting or incorporating, with or
30
Schedule 1 Amendments
Part 1 Trans-Pacific Partnership originating goods
8
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
without modification, any matter contained in an instrument or
1
other writing as in force or existing from time to time.
2
Notification of entry into force of Agreement for a Party
3
(6) The Minister must announce, by notifiable instrument, the day on
4
which the Agreement enters into force for a Party (other than
5
Australia).
6
Subdivision B--Goods wholly obtained or produced entirely in
7
the territory of one or more of the Parties
8
153ZKV Goods wholly obtained or produced entirely in the
9
territory of one or more of the Parties
10
(1) Goods are Trans-Pacific Partnership originating goods if:
11
(a) they are wholly obtained or produced entirely in the territory
12
of one or more of the Parties; and
13
(b) either:
14
(i) the importer of the goods has, at the time the goods are
15
imported, a certification of origin, or a copy of one, for
16
the goods; or
17
(ii) Australia has waived the requirement for a certification
18
of origin for the goods.
19
(2) Goods are wholly obtained or produced entirely in the territory of
20
one or more of the Parties if, and only if, the goods are:
21
(a) plants, or goods obtained from plants, that are grown,
22
cultivated, harvested, picked or gathered in the territory of
23
one or more of the Parties; or
24
(b) live animals born and raised in the territory of one or more of
25
the Parties; or
26
(c) goods obtained from live animals in the territory of one or
27
more of the Parties; or
28
(d) animals obtained by hunting, trapping, fishing, gathering or
29
capturing in the territory of one or more of the Parties; or
30
(e) goods obtained from aquaculture conducted in the territory of
31
one or more of the Parties; or
32
Amendments Schedule 1
Trans-Pacific Partnership originating goods Part 1
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
9
(f) minerals, or other naturally occurring substances, extracted or
1
taken from the territory of one or more of the Parties; or
2
(g) fish, shellfish or other marine life taken from the sea, seabed
3
or subsoil beneath the seabed:
4
(i) outside the territories of the Parties; and
5
(ii) in accordance with international law, outside the
6
territorial sea of non-Parties;
7
by vessels that are registered, listed or recorded with a Party
8
and are entitled to fly the flag of that Party; or
9
(h) goods produced, from goods referred to in paragraph (g), on
10
board a factory ship that is registered, listed or recorded with
11
a Party and is entitled to fly the flag of that Party; or
12
(i) goods, other than fish, shellfish or other marine life, taken by
13
a Party, or a person of a Party, from the seabed, or subsoil
14
beneath the seabed, outside the territories of the Parties, and
15
beyond areas over which non-Parties exercise jurisdiction,
16
but only if that Party or person has the right to exploit that
17
seabed or subsoil in accordance with international law; or
18
(j) waste or scrap that:
19
(i) has been derived from production in the territory of one
20
or more of the Parties; or
21
(ii) has been derived from used goods that are collected in
22
the territory of one or more of the Parties and that are fit
23
only for the recovery of raw materials; or
24
(k) goods produced in the territory of one or more of the Parties,
25
exclusively from goods referred to in paragraphs (a) to (j) or
26
from their derivatives.
27
Subdivision C--Goods produced from originating materials
28
153ZKW Goods produced from originating materials
29
Goods are Trans-Pacific Partnership originating goods if:
30
(a) they are produced entirely in the territory of one or more of
31
the Parties from originating materials only; and
32
(b) either:
33
Schedule 1 Amendments
Part 1 Trans-Pacific Partnership originating goods
10
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
(i) the importer of the goods has, at the time the goods are
1
imported, a certification of origin, or a copy of one, for
2
the goods; or
3
(ii) Australia has waived the requirement for a certification
4
of origin for the goods.
5
Subdivision D--Goods produced from non-originating
6
materials
7
153ZKX Goods produced from non-originating materials
8
(1) Goods are Trans-Pacific Partnership originating goods if:
9
(a) they are classified to a Chapter, heading or subheading of the
10
Harmonized System that is covered by the table in Annex
11
3-D to Chapter 3, or in Annex 4-A to Chapter 4, of the
12
Agreement; and
13
(b) they are produced entirely in the territory of one or more of
14
the Parties from non-originating materials only or from
15
non-originating materials and originating materials; and
16
(c) the goods satisfy the requirements applicable to the goods in
17
that Annex; and
18
(d) either:
19
(i) the importer of the goods has, at the time the goods are
20
imported, a certification of origin, or a copy of one, for
21
the goods; or
22
(ii) Australia has waived the requirement for a certification
23
of origin for the goods.
24
Note:
Subsection (12) sets out a limitation for goods that are put up in a set
25
for retail sale.
26
(2) Without limiting paragraph (1)(c), if the goods are a textile or
27
apparel good, paragraphs 7 and 9 of Article 4.2 of Chapter 4, and
28
Appendix 1 to Annex 4-A to Chapter 4, of the Agreement have
29
effect for the purposes of determining whether paragraph (1)(c) is
30
met.
31
Note:
Most of the requirements applicable to goods are set out in the table in
32
Annex 3-D to Chapter 3, or in Annex 4-A to Chapter 4, of the
33
Agreement.
34
Amendments Schedule 1
Trans-Pacific Partnership originating goods Part 1
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
11
Change in tariff classification
1
(3) If a requirement that applies in relation to the goods is that all
2
non-originating materials used in the production of the goods must
3
have undergone a particular change in tariff classification, the
4
regulations may prescribe when a non-originating material used in
5
the production of the goods is taken to satisfy the change in tariff
6
classification.
7
Rules for goods that are not a textile or apparel good
8
(4) If:
9
(a) a requirement that applies in relation to the goods is that all
10
non-originating materials used in the production of the goods
11
must have undergone a particular change in tariff
12
classification; and
13
(b) the goods are not a textile or apparel good; and
14
(c) one or more of the non-originating materials used in the
15
production of the goods do not satisfy the change in tariff
16
classification;
17
then the requirement is taken to be satisfied if the total value of the
18
non-originating materials covered by paragraph (c) does not exceed
19
10% of the customs value of the goods.
20
Note:
See subsections (6) and (7) for goods that are a textile or apparel good.
21
(5) In applying subsection (4), disregard non-originating materials
22
covered by paragraph (a), (b), (c), (d) or (e) of Annex 3-C to
23
Chapter 3 of the Agreement.
24
Rules for goods that are a textile or apparel good
25
(6) If:
26
(a) a requirement that applies in relation to the goods is that all
27
non-originating materials used in the production of the goods
28
must have undergone a particular change in tariff
29
classification; and
30
(b) the goods are a textile or apparel good; and
31
(c) the goods are classified other than to Chapter 61, 62 or 63 of
32
the Harmonized System; and
33
Schedule 1 Amendments
Part 1 Trans-Pacific Partnership originating goods
12
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
(d) if the goods contain elastomeric yarn--the yarn is wholly
1
formed in the territory of one or more of the Parties; and
2
(e) one or more of the non-originating materials used in the
3
production of the goods do not satisfy the change in tariff
4
classification;
5
then the requirement is taken to be satisfied if the total weight of
6
the non-originating materials covered by paragraph (e) does not
7
exceed 10% of the total weight of the goods.
8
(7) If:
9
(a) a requirement that applies in relation to the goods is that all
10
non-originating materials used in the production of the goods
11
must have undergone a particular change in tariff
12
classification; and
13
(b) the goods are a textile or apparel good; and
14
(c) the goods are classified to Chapter 61, 62 or 63 of the
15
Harmonized System; and
16
(d) if the component of the goods, that determines the tariff
17
classification of the goods, contains elastomeric yarn--the
18
yarn is wholly formed in the territory of one or more of the
19
Parties; and
20
(e) the component of the goods, that determines the tariff
21
classification of the goods, contains fibres or yarns that are
22
non-originating materials and that do not satisfy the change
23
in tariff classification;
24
then the requirement is taken to be satisfied if the total weight of
25
the fibres or yarns covered by paragraph (e) does not exceed 10%
26
of the total weight of that component.
27
Regional value content
28
(8) If a requirement that applies in relation to the goods is that the
29
goods must have a regional value content of not less than a
30
particular percentage worked out in a particular way:
31
(a) the regional value content of the goods is to be worked out in
32
accordance with the Agreement; or
33
(b) if the regulations prescribe how to work out the regional
34
value content of the goods--the regional value content of the
35
goods is to be worked out in accordance with the regulations.
36
Amendments Schedule 1
Trans-Pacific Partnership originating goods Part 1
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
13
(9) Without limiting paragraph (8)(b), Appendix 1 to Annex 3-D to
1
Chapter 3 of the Agreement has effect in working out if materials
2
used in the production of goods are originating materials or
3
non-originating materials.
4
(10) If:
5
(a) a requirement that applies in relation to the goods is that the
6
goods must have a regional value content of not less than a
7
particular percentage worked out in a particular way; and
8
(b) the goods are imported into Australia with accessories, spare
9
parts, tools or instructional or other information materials;
10
and
11
(c) the accessories, spare parts, tools or instructional or other
12
information materials are classified with, delivered with and
13
not invoiced separately from the goods; and
14
(d) the types, quantities and value of the accessories, spare parts,
15
tools or instructional or other information materials are
16
customary for the goods;
17
the regulations must provide for the value of the accessories, spare
18
parts, tools or instructional or other information materials to be
19
taken into account for the purposes of working out the regional
20
value content of the goods (whether the accessories, spare parts,
21
tools or instructional or other information materials are originating
22
materials or non-originating materials).
23
Note:
The value of the accessories, spare parts, tools or instructional or other
24
information materials is to be worked out in accordance with the
25
regulations: see subsection 153ZKU(2).
26
(11) For the purposes of subsection (10), disregard section 153ZKZ in
27
working out whether the accessories, spare parts, tools or
28
instructional or other information materials are originating
29
materials or non-originating materials.
30
Goods put up in a set for retail sale
31
(12) If:
32
(a) goods are put up in a set for retail sale; and
33
(b) the goods are classified in accordance with Rule 3(c) of the
34
Interpretation Rules;
35
Schedule 1 Amendments
Part 1 Trans-Pacific Partnership originating goods
14
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
the goods are Trans-Pacific Partnership originating goods under
1
this section only if:
2
(c) all of the goods in the set, when considered separately, are
3
Trans-Pacific Partnership originating goods; or
4
(d) the total customs value of the goods (if any) in the set that are
5
not Trans-Pacific Partnership originating goods does not
6
exceed 10% of the customs value of the set of goods.
7
Example: A mirror, brush and comb are put up in a set for retail sale. The
8
mirror, brush and comb have been classified under Rule 3(c) of the
9
Interpretation Rules according to the tariff classification applicable to
10
combs.
11
The effect of paragraph (c) of this subsection is that the origin of the
12
mirror and brush must now be determined according to the tariff
13
classifications applicable to mirrors and brushes.
14
153ZKY Packaging materials and containers
15
(1) If:
16
(a) goods are packaged for retail sale in packaging material or a
17
container; and
18
(b) the packaging material or container is classified with the
19
goods in accordance with Rule 5 of the Interpretation Rules;
20
then the packaging material or container is to be disregarded for
21
the purposes of this Subdivision.
22
Regional value content
23
(2) However, if a requirement that applies in relation to the goods is
24
that the goods must have a regional value content of not less than a
25
particular percentage worked out in a particular way, the
26
regulations must provide for the value of the packaging material or
27
container to be taken into account for the purposes of working out
28
the regional value content of the goods (whether the packaging
29
material or container is an originating material or non-originating
30
material).
31
Note:
The value of the packaging material or container is to be worked out
32
in accordance with the regulations: see subsection 153ZKU(2).
33
Amendments Schedule 1
Trans-Pacific Partnership originating goods Part 1
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
15
Subdivision E--Goods that are accessories, spare parts, tools or
1
instructional or other information materials
2
153ZKZ Goods that are accessories, spare parts, tools or
3
instructional or other information materials
4
Goods are Trans-Pacific Partnership originating goods if:
5
(a) they are accessories, spare parts, tools or instructional or
6
other information materials in relation to other goods; and
7
(b) the other goods are imported into Australia with the
8
accessories, spare parts, tools or instructional or other
9
information materials; and
10
(c) the other goods are Trans-Pacific Partnership originating
11
goods; and
12
(d) the accessories, spare parts, tools or instructional or other
13
information materials are classified with, delivered with and
14
not invoiced separately from the other goods; and
15
(e) the types, quantities and value of the accessories, spare parts,
16
tools or instructional or other information materials are
17
customary for the other goods.
18
Subdivision F--Consignment
19
153ZKZA Consignment
20
(1) Goods are not Trans-Pacific Partnership originating goods under
21
this Division if the goods are transported through the territory of
22
one or more non-Parties and either or both of the following apply:
23
(a) the goods undergo any operation in the territory of a
24
non-Party (other than unloading, reloading, separation from a
25
bulk shipment, storing, labelling or marking for the purpose
26
of satisfying the requirements of Australia or any other
27
operation that is necessary to preserve the goods in good
28
condition or to transport the goods to the territory of
29
Australia);
30
(b) while the goods are in the territory of a non-Party, the goods
31
do not remain under the control of the customs administration
32
of the non-Party at all times.
33
Schedule 1 Amendments
Part 1 Trans-Pacific Partnership originating goods
16
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
(2) This section applies despite any other provision of this Division.
1
Subdivision G--Regulations
2
153ZKZB Regulations
3
The regulations may make provision for and in relation to
4
determining whether goods are Trans-Pacific Partnership
5
originating goods under this Division.
6
Amendments Schedule 1
Verification powers Part 2
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
17
Part 2--Verification powers
1
Customs Act 1901
2
4 Before Division 4F of Part VI
3
Insert:
4
Division 4EB--Exportation of goods to Parties to the
5
Comprehensive and Progressive Agreement for
6
Trans-Pacific Partnership
7
126AKI Definitions
8
In this Division:
9
Agreement means the Comprehensive and Progressive Agreement
10
for Trans-Pacific Partnership, done at Santiago, Chile on 8 March
11
2018, as amended and in force for Australia from time to time.
12
Note 1:
The Agreement could in 2018 be viewed in the Australian Treaties
13
Library on the AustLII website (http://www.austlii.edu.au).
14
Note 2:
Under Article 1 of the Comprehensive and Progressive Agreement for
15
Trans-Pacific Partnership (the Santiago Agreement), most of the
16
provisions of the Trans-Pacific Partnership Agreement (the Auckland
17
Agreement), done at Auckland on 4 February 2016, are incorporated,
18
by reference, into and made
part of the Santiago Agreement. This
19
means, for example, that Chapters 1 and 3 of the Auckland Agreement
20
are, because of that Article, Chapters 1 and 3 of the Santiago
21
Agreement.
22
customs administration, of a Party, has the meaning given by
23
Annex 1-A to Chapter 1 of the Agreement.
24
Party has the meaning given by Article 1.3 of Chapter 1 of the
25
Agreement.
26
producer
means a person who engages in the production of
27
good
s.
28
production has the meaning given by Article 3.1 of Chapter 3 of
29
the Agreement
.
30
Schedule 1 Amendments
Part 2 Verification powers
18
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
territory, for a Party, has the meaning given by Article 1.3 of
1
Chapter 1 of the Agreement.
2
Trans-Pacific Partnership customs official, for a Party, means a
3
person representing the customs administration of that Party.
4
126AKJ Record keeping obligations
5
Regulations may prescribe record keeping obligations
6
(1) The regulations may prescribe record keeping obligations that
7
apply in relation to goods that:
8
(a) are exported to the territory of a Party; and
9
(b) are claimed to be originating goods, in accordance with
10
Chapter 3 of the Agreement, for the purpose of obtaining a
11
preferential tariff in the Party.
12
On whom obligations may be imposed
13
(2) Regulations for the purposes of subsection (1) may impose such
14
obligations on an exporter or producer of goods.
15
126AKK Power to require records
16
Requirement to produce records
17
(1) An authorised officer may require a person who is subject to record
18
keeping obligations under regulations made for the purposes of
19
section 126AKJ to produce to the officer such of those records as
20
the officer requires.
21
Note:
Failing to produce a record when required to do so by an officer may
22
be an offence: see section 243SB. However, a person does not have to
23
produce a record if doing so would tend to incriminate the person: see
24
section 243SC.
25
Disclosing records to Trans-Pacific Partnership customs official
26
(2) An authorised officer may, for the purpose of verifying a claim for
27
a preferential tariff in a Party, disclose any records so produced to
28
a Trans-Pacific Partnership customs official for that Party.
29
Amendments Schedule 1
Verification powers Part 2
No. , 2018
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
19
126AKL Power to ask questions
1
Power to ask questions
2
(1) An authorised officer may require a person who is an exporter or
3
producer of goods that:
4
(a) are exported to the territory of a Party; and
5
(b) are claimed to be originating goods, in accordance with
6
Chapter 3 of the Agreement, for the purpose of obtaining a
7
preferential tariff in the Party;
8
to answer questions in order to verify the origin of the goods.
9
Note:
Failing to answer a question when required to do so by an officer may
10
be an offence: see section 243SA. However, a person does not have to
11
answer a question if doing so would tend to incriminate the person:
12
see section 243SC.
13
Disclosing answers to Trans-Pacific Partnership customs official
14
(2) An authorised officer may, for the purpose of verifying a claim for
15
a preferential tariff in a Party, disclose any answers to such
16
questions to a Trans-Pacific Partnership customs official for that
17
Party.
18
Schedule 1 Amendments
Part 3 Application provisions
20
Customs Amendment (Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation) Bill 2018
No. , 2018
Part 3--Application provisions
1
5 Application provisions
2
(1)
The amendments made by Part 1 apply in relation to:
3
(a) goods imported into Australia on or after the commencement
4
of that Part; and
5
(b) goods imported into Australia before the commencement of
6
that Part, where the time for working out the rate of import
7
duty on the goods had not occurred before the
8
commencement of that Part.
9
(2)
The amendment made by Part 2 applies in relation to goods exported to
10
the territory of a Party on or after the commencement of that Part
11
(whether the goods were produced before, on or after that
12
commencement).
13