Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 153ZPC

  (1)   Goods are Hong Kong originating goods if:

  (a)   they are wholly obtained or produced entirely in Hong Kong, China or in Hong Kong, China and Australia; and

  (b)   either:

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

  (ii)   Australia has waived the requirement for a Declaration of Origin for the goods.

  (2)   Goods are wholly obtained or produced entirely in Hong Kong, China or in Hong Kong, China and Australia if, and only if, the goods are:

  (a)   plants, or goods obtained from plants, that are grown, cultivated, harvested, picked or gathered in the Area of Hong Kong, China or in the Area of Hong Kong, China and the Area of Australia; or

  (b)   live animals born and raised in the Area of Hong Kong, China or in the Area of Hong Kong, China and the Area of Australia; or

  (c)   goods obtained from live animals in the Area of Hong Kong, China; or

  (d)   animals obtained by hunting, trapping, fishing, gathering or capturing in the Area of Hong Kong, China; or

  (e)   goods obtained from aquaculture conducted in the Area of Hong Kong, China; or

  (f)   minerals, or other naturally occurring substances, extracted or taken from the Area of Hong Kong, China; or

  (g)   goods of sea - fishing, or other marine goods, taken from the high seas, by any vessel that is entitled to fly the flag of Hong Kong, China; or

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

  (i)   goods, other than fish, shellfish or other marine life, taken by Hong Kong, China, or a person of Hong Kong, China, from the seabed, or subsoil beneath the seabed, outside the Area of Hong Kong, China and the Area of Australia, and beyond territories over which non - Parties exercise jurisdiction, but only if Hong Kong, China, or the person of Hong Kong, China, 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 or consumption in the Area of Hong Kong, China and that is fit only for the recovery of raw materials; or

  (ii)   has been derived from used goods that are collected in the Area of Hong Kong, China and that are fit only for the recovery of raw materials; or

  (k)   goods produced in the Area of Hong Kong, China, or in the Area of Hong Kong, China and the Area of Australia, exclusively from goods referred to in paragraphs   (a) to (j) or from their derivatives.