Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 153ZKV

  (1)   Goods are Trans - Pacific Partnership originating goods if:

  (a)   they are wholly obtained or produced entirely in the territory of one or more of the Parties; and

  (b)   either:

  (i)   the importer of the goods has, at the time the goods are imported, a certification of origin, or a copy of one, for the goods; or

  (ii)   Australia has waived the requirement for a certification of origin for the goods.

  (2)   Goods are wholly obtained or produced entirely in the territory of one or more of the Parties if, and only if, the goods are:

  (a)   plants, or goods obtained from plants, that are grown, cultivated, harvested, picked or gathered in the territory of one or more of the Parties; or

  (b)   live animals born and raised in the territory of one or more of the Parties; or

  (c)   goods obtained from live animals in the territory of one or more of the Parties; or

  (d)   animals obtained by hunting, trapping, fishing, gathering or capturing in the territory of one or more of the Parties; or

  (e)   goods obtained from aquaculture conducted in the territory of one or more of the Parties; or

  (f)   minerals, or other naturally occurring substances, extracted or taken from the territory of one or more of the Parties; or

  (g)   fish, shellfish or other marine life taken from the sea, seabed or subsoil beneath the seabed:

  (i)   outside the territories of the Parties; and

  (ii)   in accordance with international law, outside the territorial sea of non - Parties;

    by vessels that are registered, listed or recorded with a Party and are entitled to fly the flag of that Party; or

  (h)   goods produced, from goods referred to in paragraph   (g), on board a factory ship that is registered, listed or recorded with a Party and is entitled to fly the flag of that Party; or

  (i)   goods, other than fish, shellfish or other marine life, taken by a Party, or a person of a Party, from the seabed, or subsoil beneath the seabed, outside the territories of the Parties, and beyond areas over which non - Parties exercise jurisdiction, but only if that Party or person has the right to exploit that seabed or subsoil in accordance with international law; or

  (j)   waste or scrap that:

  (i)   has been derived from production in the territory of one or more of the Parties; or

  (ii)   has been derived from used goods that are collected in the territory of one or more of the Parties and that are fit only for the recovery of raw materials; or

  (k)   goods produced in the territory of one or more of the Parties, exclusively from goods referred to in paragraphs   (a) to (j) or from their derivatives.