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CUSTOMS ACT 1901 - SECT 153ZA

Interpretation

Definitions

  (1)   In this Division:

"Agreement" means the Thailand - Australia Free Trade Agreement, done at Canberra on 5   July 2004, as amended from time to time.

Note:   In 2004 the text of the Agreement was accessible through the website of the Department of Foreign Affairs and Trade.

"Australian originating goods" means goods that are Australian originating goods under a law of Thailand that implements the Agreement.

"Certificate of Origin" means a certificate that is in force and that complies with the requirements of Annex   4.2 of the Agreement.

"Convention" means the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14   June 1983.

Note:   The text of the Convention is set out in Australian Treaty Series 1988 No.   30. In 2004 this was available in the Australian Treaties Library of the Department of Foreign Affairs and Trade, accessible through that Department's website.

"customs value" , in relation to goods, has the meaning given by section   159.

"Harmonized Commodity Description and Coding System" means the Harmonized Commodity Description and Coding System that is established by or under the Convention.

"Harmonized System" means:

  (a)   the Harmonized Commodity Description and Coding System as in force on 1   January 2005; or

  (b)   if the table in Annex   4.1 of the Agreement is amended or replaced to refer to Chapters, headings and subheadings of a later version of the Harmonized Commodity Description and Coding System--the later version of the Harmonized Commodity Description and Coding System.

"Interpretation Rules" means the General Rules for the Interpretation of the Harmonized System provided for by the Convention.

"non-originating materials" means goods that are not originating materials.

"originating materials" means:

  (a)   goods that are used in the production of other goods and that are Thai originating goods; or

  (b)   goods that are used in the production of other goods and that are Australian originating goods.

"produce" means grow, raise, mine, harvest, fish, trap, hunt, manufacture, process, assemble or disassemble. Producer and production have corresponding meanings.

"territorial sea" has the same meaning as in the Seas and Submerged Lands Act 1973 .

"Thai originating goods" means goods that, under this Division, are Thai originating goods.

Value of goods

  (2)   The value of goods for the purposes of this Division is to be worked out in accordance with the regulations. The regulations may prescribe different valuation rules for different kinds of goods.

Tariff classifications

  (3)   In specifying tariff classifications for the purposes of this Division, the regulations may refer to the Harmonized System.

  (4)   Subsection   4(3A) does not apply for the purposes of this Division.

Regulations

  (5)   For the purposes of this Division, the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.


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