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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Australia-United
Kingdom Free Trade Agreement
Implementation) Bill 2022
No. , 2022
(Home Affairs)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--UK originating goods
3
Customs Act 1901
3
Part 2--Verification powers
16
Customs Act 1901
16
Part 3--Application provisions
19
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
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 (Australia-United Kingdom
5
Free Trade Agreement Implementation) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
No. , 2022
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 Free Trade Agreement
between Australia and the United
Kingdom of Great Britain and Northern
Ireland, done on 16 and 17 December
2021, enters into force.
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.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
UK originating goods
Part 1
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
3
Schedule 1--Amendments
1
Part 1--UK originating goods
2
Customs Act 1901
3
1 Subparagraph 105B(3)(b)(ii)
4
Omit "or 14", substitute ", 14 or 15".
5
2 Subsection 105B(4) (paragraph (b) of the definition of
6
biofuel blend)
7
Omit "or 14", substitute ", 14 or 15".
8
3 After Division 1N of Part VIII
9
Insert:
10
Division 1P--UK originating goods
11
Subdivision A--Preliminary
12
153ZRA Simplified outline of this Division
13
•
This Division defines UK originating goods. Preferential rates
14
of customs duty under the
Customs Tariff Act 1995
apply to
15
UK originating goods that are imported into Australia.
16
•
Subdivision B provides that goods are UK originating goods if
17
they are wholly obtained or produced in the United Kingdom
18
or in the United Kingdom and Australia.
19
•
Subdivision C provides that goods are UK originating goods if
20
they are produced entirely in the territory of the United
21
Kingdom, or entirely in the territory of the United Kingdom
22
and the territory of Australia, from originating materials only.
23
•
Subdivision D sets out when goods are UK originating goods
24
because they are produced entirely in the territory of the
25
United Kingdom, or entirely in the territory of the United
26
Schedule 1
Amendments
Part 1
UK originating goods
4
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
No. , 2022
Kingdom and the territory of Australia, from non-originating
1
materials only or from non-originating materials and
2
originating materials.
3
•
Subdivision E sets out when goods are UK originating goods
4
because they are accessories, spare parts, tools or instructional
5
or other information materials imported with other goods.
6
•
Subdivision F deals with how the consignment of goods
7
affects whether the goods are UK originating goods.
8
•
Subdivision G allows regulations to make provision for and in
9
relation to determining whether goods are UK originating
10
goods.
11
153ZRB Interpretation
12
Definitions
13
(1) In this Division:
14
Agreement
means the Free Trade Agreement between Australia
15
and the United Kingdom of Great Britain and Northern Ireland,
16
done on 16 and 17 December 2021, as amended from time to time.
17
Note:
The Agreement could in 2022 be viewed in the Australian Treaties
18
Library on the AustLII website (http://www.austlii.edu.au).
19
aquaculture
has the meaning given by Article 4.1 of Chapter 4 of
20
the Agreement.
21
Australian originating goods
means goods that are Australian
22
originating goods under a law of the United Kingdom that
23
implements the Agreement.
24
Convention
means the International Convention on the
25
Harmonized Commodity Description and Coding System done at
26
Brussels on 14 June 1983, as in force from time to time.
27
Note:
The Convention is in Australian Treaty Series 1988 No. 30 ([1988]
28
ATS 30) and could in 2022 be viewed in the Australian Treaties
29
Library on the AustLII website (http://www.austlii.edu.au).
30
customs value
of goods has the meaning given by section 159.
31
Amendments
Schedule 1
UK originating goods
Part 1
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
5
declaration of origin
means a declaration that is in force and that
1
complies with the requirements of Article 4.18 of Chapter 4 of the
2
Agreement.
3
enterprise
has the meaning given by Article 1.4 of Chapter 1 of the
4
Agreement.
5
Harmonized Commodity Description and Coding System
means
6
the Harmonized Commodity Description and Coding System that
7
is established by or under the Convention.
8
Harmonized System
means:
9
(a) the Harmonized Commodity Description and Coding System
10
as in force on 1 January 2017; or
11
(b) if the table in Annex 4B to Chapter 4 of the Agreement is
12
amended or replaced to refer to Chapters, headings and
13
subheadings of a later version of the Harmonized Commodity
14
Description and Coding System--the later version of the
15
Harmonized Commodity Description and Coding System.
16
indirect materials
means:
17
(a) goods or energy used in the production, testing or inspection
18
of goods, but not physically incorporated in the goods; or
19
(b) goods or energy used in the maintenance or operation of
20
equipment or buildings associated with the production of
21
goods;
22
including:
23
(c) fuel (within its ordinary meaning), catalysts and solvents; and
24
(d) gloves, glasses, footwear, clothing, safety equipment and
25
supplies; and
26
(e) tools, dies and moulds; and
27
(f) spare parts and materials; and
28
(g) lubricants, greases, compounding materials and other similar
29
goods.
30
Interpretation Rules
means the General Rules (as in force from
31
time to time) for the Interpretation of the Harmonized System
32
provided for by the Convention.
33
non-originating materials
means goods that are not originating
34
materials.
35
Schedule 1
Amendments
Part 1
UK originating goods
6
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
No. , 2022
non-party
has the same meaning as it has in Chapter 4 of the
1
Agreement.
2
originating materials
means:
3
(a) UK originating goods that are used in the production of other
4
goods; or
5
(b) Australian originating goods that are used in the production
6
of other goods; or
7
(c) recovered materials derived in the territory of Australia, or in
8
the territory of the United Kingdom, and used in the
9
production of, and incorporated into, remanufactured goods;
10
or
11
(d) indirect materials.
12
person of the United Kingdom
means:
13
(a) a national within the meaning, so far as it relates to the
14
United Kingdom, of Article 1.4 of Chapter 1 of the
15
Agreement; or
16
(b) an enterprise of the United Kingdom.
17
production
has the meaning given by Article 4.1 of Chapter 4 of
18
the Agreement.
19
production
value
of goods has the meaning given by Article 4.1 of
20
Chapter 4 of the Agreement.
21
recovered materials
means materials comprising one or more
22
individual parts that:
23
(a) have resulted from the disassembly of used goods; and
24
(b) have been cleaned, tested or processed as necessary for
25
improvement to sound working condition.
26
remanufactured goods
means goods that:
27
(a) are classified to any of Chapters 84 to 90 (other than heading
28
87.02, 87.03, 87.04 or 87.05, 87.11 or 87.16 or subheading
29
8701.20), or to heading 94.02, of the Harmonized System;
30
and
31
(b) are entirely or partially comprised of recovered materials;
32
and
33
Amendments
Schedule 1
UK originating goods
Part 1
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
7
(c) have a similar life expectancy, working condition and
1
performance to new goods:
2
(i) that are so classified; and
3
(ii) that are not composed of any recovered materials; and
4
(d) have been given a warranty that in substance is the same as
5
that applicable to such new goods.
6
territorial sea
has the same meaning as in the
Seas and Submerged
7
Lands Act 1973
.
8
territory of Australia
means territory within the meaning, so far as
9
it relates to Australia, of Article 1.4 of Chapter 1 of the Agreement.
10
territory of the United Kingdom
means territory within the
11
meaning, so far as it relates to the United Kingdom, of Article 1.4
12
of Chapter 1 of the Agreement.
13
UK originating goods
means goods that, under this Division, are
14
UK originating goods.
15
Value of goods
16
(2) The
value
of goods for the purposes of this Division is to be
17
worked out in accordance with the regulations. The regulations
18
may prescribe different valuation rules for different kinds of goods.
19
Tariff classifications
20
(3) In prescribing tariff classifications for the purposes of this
21
Division, the regulations may refer to the Harmonized System.
22
(4) Subsection 4(3A) does not apply for the purposes of this Division.
23
Incorporation of other instruments
24
(5) Despite subsection 14(2) of the
Legislation Act 2003
, regulations
25
made for the purposes of this Division may make provision in
26
relation to a matter by applying, adopting or incorporating, with or
27
without modification, any matter contained in an instrument or
28
other writing as in force or existing from time to time.
29
Schedule 1
Amendments
Part 1
UK originating goods
8
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
No. , 2022
Subdivision B--Goods wholly obtained or produced in the
1
United Kingdom or in the United Kingdom and
2
Australia
3
153ZRC Goods wholly obtained or produced in the United Kingdom
4
or in the United Kingdom and Australia
5
(1) Goods are
UK originating goods
if:
6
(a) they are wholly obtained or produced in the United Kingdom
7
or in the United Kingdom and Australia; and
8
(b) one or more of the following applies:
9
(i) the importer of the goods has, at the time the goods are
10
imported, a declaration of origin, or a copy of one, for
11
the goods;
12
(ii) the importer of the goods has, at the time the goods are
13
imported, other documentation to support that the goods
14
are originating;
15
(iii) Australia has waived the requirement for a declaration
16
of origin for the goods.
17
(2) Goods are
wholly obtained or produced in the United Kingdom or
18
in the United Kingdom and Australia
if, and only if, the goods
19
are:
20
(a) plants, plant goods or fungus grown, cultivated, harvested,
21
picked or gathered in the territory of the United Kingdom or
22
in the territory of the United Kingdom and the territory of
23
Australia; or
24
(b) live animals born and raised in the territory of the United
25
Kingdom or in the territory of the United Kingdom and the
26
territory of Australia; or
27
(c) goods obtained from live animals in the territory of the
28
United Kingdom; or
29
(d) animals obtained by hunting, trapping, fishing, gathering, or
30
capturing in the territory of the United Kingdom, but not
31
beyond the outer limits of the territorial sea of the United
32
Kingdom; or
33
(e) goods obtained from aquaculture conducted in the territory of
34
the United Kingdom, but not beyond the outer limits of the
35
territorial sea of the United Kingdom; or
36
Amendments
Schedule 1
UK originating goods
Part 1
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
9
(f) minerals, or other naturally occurring substances, extracted or
1
taken from the territory of the United Kingdom; or
2
(g) fish, shellfish or other marine life taken from the sea, seabed
3
or subsoil beneath the seabed:
4
(i) beyond the outer limits of the territorial sea of the
5
United Kingdom; and
6
(ii) within the territory of the United Kingdom;
7
by vessels that are registered in the United Kingdom and are
8
entitled to fly the flag of the United Kingdom; or
9
(h) fish, shellfish or other marine life taken from the sea, seabed
10
or subsoil beneath the seabed:
11
(i) beyond the outer limits of the territory of the United
12
Kingdom and the territory of Australia; and
13
(ii) in accordance with international law, outside the
14
territorial sea of non-parties;
15
by vessels that are registered in the United Kingdom and are
16
entitled to fly the flag of the United Kingdom; or
17
(i) goods produced, from goods referred to in paragraph (g) or
18
(h), on board a factory ship that is registered in the United
19
Kingdom and is entitled to fly the flag of the United
20
Kingdom; or
21
(j) goods, other than fish, shellfish or other marine life, taken or
22
extracted by the United Kingdom, or a person of the United
23
Kingdom, from the seabed or subsoil beneath the seabed:
24
(i) outside the territory of the United Kingdom and the
25
territory of Australia; and
26
(ii) beyond areas over which non-parties exercise
27
jurisdiction;
28
but only if the United Kingdom, or the person of the United
29
Kingdom, has the right to exploit that seabed or subsoil in
30
accordance with international law; or
31
(k) waste or scrap that:
32
(i) has been derived from production in the territory of the
33
United Kingdom; or
34
(ii) has been derived from used goods that are collected in
35
the territory of the United Kingdom and that are fit only
36
for the recovery of raw materials; or
37
Schedule 1
Amendments
Part 1
UK originating goods
10
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
No. , 2022
(l) goods produced in the territory of the United Kingdom, or in
1
the territory of the United Kingdom and the territory of
2
Australia, exclusively from goods referred to in
3
paragraphs (a) to (k) or from their derivatives.
4
Subdivision C--Goods produced in the United Kingdom, or in
5
the United Kingdom and Australia, from originating
6
materials
7
153ZRD Goods produced in the United Kingdom, or in the United
8
Kingdom and Australia, from originating materials
9
Goods are
UK originating goods
if:
10
(a) they are produced entirely in the territory of the United
11
Kingdom, or entirely in the territory of the United Kingdom
12
and the territory of Australia, from originating materials
13
only; and
14
(b) one or more of the following applies:
15
(i) the importer of the goods has, at the time the goods are
16
imported, a declaration of origin, or a copy of one, for
17
the goods;
18
(ii) the importer of the goods has, at the time the goods are
19
imported, other documentation to support that the goods
20
are originating;
21
(iii) Australia has waived the requirement for a declaration
22
of origin for the goods.
23
Subdivision D--Goods produced in the United Kingdom, or in
24
the United Kingdom and Australia, from
25
non-originating materials
26
153ZRE Goods produced in the United Kingdom, or in the United
27
Kingdom and Australia, from non-originating materials
28
(1) Goods are
UK originating goods
if:
29
(a) they are classified to a Chapter, heading or subheading of the
30
Harmonized System that is covered by the table in Annex 4B
31
to Chapter 4 of the Agreement; and
32
Amendments
Schedule 1
UK originating goods
Part 1
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
11
(b) they are produced entirely in the territory of the United
1
Kingdom, or entirely in the territory of the United Kingdom
2
and the territory of Australia, from non-originating materials
3
only or from non-originating materials and originating
4
materials; and
5
(c) the goods satisfy the requirements applicable to the goods in
6
that Annex; and
7
(d) one or more of the following applies:
8
(i) the importer of the goods has, at the time the goods are
9
imported, a declaration of origin, or a copy of one, for
10
the goods;
11
(ii) the importer of the goods has, at the time the goods are
12
imported, other documentation to support that the goods
13
are originating;
14
(iii) Australia has waived the requirement for a declaration
15
of origin for the goods.
16
(2) Without limiting paragraph (1)(c), a requirement may be specified
17
in the table in Annex 4B to Chapter 4 of the Agreement by using
18
an abbreviation that is given a meaning for the purposes of that
19
Annex.
20
Change in tariff classification
21
(3) If a requirement that applies in relation to the goods is that all
22
non-originating materials used in the production of the goods must
23
have undergone a particular change in tariff classification, the
24
regulations may prescribe when a non-originating material used in
25
the production of the goods is taken to satisfy the change in tariff
26
classification.
27
(4) If:
28
(a) a requirement that applies in relation to the goods is that all
29
non-originating materials used in the production of the goods
30
must have undergone a particular change in tariff
31
classification; and
32
(b) one or more of the non-originating materials used in the
33
production of the goods do not satisfy the change in tariff
34
classification;
35
then the requirement is taken to be satisfied if:
36
Schedule 1
Amendments
Part 1
UK originating goods
12
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
No. , 2022
(c) in the case of goods classified to any of Chapters 1 to 24 or
1
50 to 63 of the Harmonized System:
2
(i) the total weight of the non-originating materials covered
3
by paragraph (b) does not exceed 10% of the total
4
weight of the goods; or
5
(ii) the total value of the non-originating materials covered
6
by paragraph (b) does not exceed 10% of the customs
7
value of the goods; or
8
(iii) the total value of the non-originating materials covered
9
by paragraph (b) does not exceed 10% of the production
10
value of the goods; or
11
(d) in the case of goods classified to any of Chapters 25 to 49 or
12
64 to 97 of the Harmonized System:
13
(i) the total value of the non-originating materials covered
14
by paragraph (b) does not exceed 10% of the customs
15
value of the goods; or
16
(ii) the total value of the non-originating materials covered
17
by paragraph (b) does not exceed 10% of the production
18
value of the goods.
19
Regional value content
20
(5) If a requirement that applies in relation to the goods is that the
21
goods must have a regional value content of not less than a
22
particular percentage worked out in a particular way:
23
(a) the regional value content of the goods is to be worked out in
24
accordance with the Agreement, unless paragraph (b) applies;
25
or
26
(b) if the regulations prescribe how to work out the regional
27
value content of the goods--the regional value content of the
28
goods is to be worked out in accordance with the regulations.
29
(6) If:
30
(a) a requirement that applies in relation to the goods is that the
31
goods must have a regional value content of not less than a
32
particular percentage worked out in a particular way; and
33
(b) the goods are imported into Australia with accessories, spare
34
parts, tools or instructional or other information materials;
35
and
36
Amendments
Schedule 1
UK originating goods
Part 1
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
13
(c) the accessories, spare parts, tools or instructional or other
1
information materials are classified and delivered with, and
2
not invoiced separately from, the goods; and
3
(d) the quantities, value and type of the accessories, spare parts,
4
tools or instructional or other information materials are
5
customary for the goods;
6
the regulations must provide for the following:
7
(e) the value of the accessories, spare parts, tools or instructional
8
or other information materials to be taken into account for the
9
purposes of working out the regional value content of the
10
goods;
11
(f) the accessories, spare parts, tools or instructional or other
12
information materials to be taken into account as originating
13
materials or non-originating materials, as the case may be.
14
Note:
The value of the accessories, spare parts, tools or instructional or other
15
information materials is to be worked out in accordance with the
16
regulations: see subsection 153ZRB(2).
17
(7) For the purposes of subsection (6), disregard section 153ZRG in
18
working out whether the accessories, spare parts, tools or
19
instructional or other information materials are originating
20
materials or non-originating materials.
21
Goods put up in a set for retail sale
22
(8) If:
23
(a) goods are put up in a set for retail sale; and
24
(b) the goods are classified in accordance with Rule 3(c) of the
25
Interpretation Rules;
26
the goods are UK originating goods under this section
only if:
27
(c) all of the goods in the set, when considered separately, are
28
UK originating goods; or
29
(d) the total customs value of the goods (if any) in the set that are
30
not UK originating goods does not exceed 20% of the
31
customs value of the set of goods; or
32
(e) the total production value of the goods (if any) in the set that
33
are not UK originating goods does not exceed 20% of the
34
production value of the set of goods.
35
Schedule 1
Amendments
Part 1
UK originating goods
14
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
No. , 2022
Example: A mirror, brush and comb are put up in a set for retail sale. The
1
mirror, brush and comb have been classified under Rule 3(c) of the
2
Interpretation Rules according to the tariff classification applicable to
3
combs.
4
The effect of paragraph (c) of this subsection is that the origin of the
5
mirror and brush must now be determined according to the tariff
6
classifications applicable to mirrors and brushes.
7
153ZRF Packaging materials and containers
8
(1) If:
9
(a) goods are packaged for retail sale in packaging material or a
10
container; and
11
(b) the packaging material or container is classified with the
12
goods in accordance with Rule 5 of the Interpretation Rules;
13
then the packaging material or container is to be disregarded for
14
the purposes of this Subdivision.
15
Regional value content
16
(2) However, if a requirement that applies in relation to the goods is
17
that the goods must have a regional value content of not less than a
18
particular percentage worked out in a particular way, the
19
regulations must provide for the following:
20
(a) the value of the packaging material or container to be taken
21
into account for the purposes of working out the regional
22
value content of the goods;
23
(b) the packaging material or container to be taken into account
24
as an originating material or non-originating material, as the
25
case may be.
26
Note:
The value of the packaging material or container is to be worked out
27
in accordance with the regulations: see subsection 153ZRB(2).
28
Subdivision E--Goods that are accessories, spare parts, tools or
29
instructional or other information materials
30
153ZRG Goods that are accessories, spare parts, tools or
31
instructional or other information materials
32
Goods are
UK originating goods
if:
33
Amendments
Schedule 1
UK originating goods
Part 1
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
15
(a) they are accessories, spare parts, tools or instructional or
1
other information materials in relation to other goods; and
2
(b) the other goods are imported into Australia with the
3
accessories, spare parts, tools or instructional or other
4
information materials; and
5
(c) the other goods are UK originating goods; and
6
(d) the accessories, spare parts, tools or instructional or other
7
information materials are classified and delivered with, and
8
not invoiced separately from, the other goods; and
9
(e) the quantities, value and type of the accessories, spare parts,
10
tools or instructional or other information materials are
11
customary for the other goods.
12
Subdivision F--Consignment
13
153ZRH Consignment
14
(1) Goods are not UK originating goods under this Division if the
15
goods are transported through the territory of one or more
16
non-parties and either or both of the following apply:
17
(a) the goods undergo further production or any other operation
18
in the territory of a non-party (other than unloading,
19
reloading, separation from a bulk shipment or splitting of a
20
consignment, storing, repacking, labelling or marking
21
required by Australia or any other operation necessary to
22
preserve the goods in good condition or to transport the
23
goods to the territory of Australia);
24
(b) the goods are released to free circulation in the territory of a
25
non-party.
26
(2) This section applies despite any other provision of this Division.
27
Subdivision G--Regulations
28
153ZRI Regulations
29
The regulations may make provision for and in relation to
30
determining whether goods are UK originating goods under this
31
Division.
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Schedule 1
Amendments
Part 2
Verification powers
16
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
No. , 2022
Part 2--Verification powers
1
Customs Act 1901
2
4 After Division 4L of Part VI
3
Insert:
4
Division 4M--Exportation of goods to the United Kingdom
5
126ARA Definitions
6
In this Division:
7
Agreement
means the Free Trade Agreement between Australia
8
and the United Kingdom of Great Britain and Northern Ireland,
9
done on 16 and 17 December 2021, as amended from time to time.
10
Note:
The Agreement could in 2022 be viewed in the Australian Treaties
11
Library on the AustLII website (http://www.austlii.edu.au).
12
customs authority
for the United Kingdom means customs
13
authority within the meaning, so far as it relates to the United
14
Kingdom, of Article 1.4 of Chapter 1 of the Agreement.
15
producer
means a person who engages in the production of goods.
16
production
has the meaning given by Article 4.1 of Chapter 4 of
17
the Agreement.
18
territory of the United Kingdom
means territory within the
19
meaning, so far as it relates to the United Kingdom, of Article 1.4
20
of Chapter 1 of the Agreement.
21
United Kingdom customs official
means a person representing the
22
customs authority for the United Kingdom.
23
Amendments
Schedule 1
Verification powers
Part 2
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
17
126ARB Record keeping obligations
1
Regulations may prescribe record keeping obligations
2
(1) The regulations may prescribe record keeping obligations that
3
apply in relation to goods that:
4
(a) are exported to the territory of the United Kingdom; and
5
(b) are claimed to be Australian originating goods for the
6
purpose of obtaining a preferential tariff in the territory of the
7
United Kingdom.
8
On whom obligations may be imposed
9
(2) Regulations for the purposes of subsection (1) may impose such
10
obligations on an exporter or producer of goods.
11
126ARC Power to require records
12
Requirement to produce records
13
(1) An authorised officer may require a person who is subject to record
14
keeping obligations under regulations made for the purposes of
15
section 126ARB to produce to the officer such of those records as
16
the officer requires.
17
Note:
Failing to produce a record when required to do so by an officer may
18
be an offence: see section 243SB. However, a person does not have to
19
produce a record if doing so would tend to incriminate the person: see
20
section 243SC.
21
Disclosing records to United Kingdom customs official
22
(2) An authorised officer may, for the purpose of verifying a claim for
23
a preferential tariff in the territory of the United Kingdom, disclose
24
any records so produced to a United Kingdom customs official.
25
126ARD Power to ask questions
26
Power to ask questions
27
(1) An authorised officer may require a person who is an exporter or
28
producer of goods that:
29
Schedule 1
Amendments
Part 2
Verification powers
18
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
No. , 2022
(a) are exported to the territory of the United Kingdom; and
1
(b) are claimed to be Australian originating goods for the
2
purpose of obtaining a preferential tariff in the territory of the
3
United Kingdom;
4
to answer questions in order to verify the origin of the goods.
5
Note:
Failing to answer a question when required to do so by an officer may
6
be an offence: see section 243SA. However, a person does not have to
7
answer a question if doing so would tend to incriminate the person:
8
see section 243SC.
9
Disclosing answers to United Kingdom customs official
10
(2) An authorised officer may, for the purpose of verifying a claim for
11
a preferential tariff in the territory of the United Kingdom, disclose
12
any answers to such questions to a United Kingdom customs
13
official.
14
Amendments
Schedule 1
Application provisions
Part 3
No. , 2022
Customs Amendment (Australia-United Kingdom Free Trade
Agreement Implementation) Bill 2022
19
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 the United Kingdom on or after the commencement of
11
that Part (whether the goods were produced before, on or after that
12
commencement).
13