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CUSTOMS (INTERNATIONAL OBLIGATIONS) REGULATION 2015 - REG 23

Circumstances for refunds, rebates and remissions of duty

    For paragraph   163(1)(b) of the Act, each of the following is a circumstance in which a refund, rebate or remission may be made by a Collector:

  (a)   for a class of goods mentioned in the following table--the circumstance mentioned in the table for the class of goods;

  (b)   both of the following apply:

  (i)   interim duty (within the meaning of section   269T of the Act) has been paid;

  (ii)   the amount paid is more than the interim duty payable because of a declaration made by the Minister under subsection   269ZDB(1) of the Act or a decision made by the Minister under subsection   269ZZM(1) of the Act;

  (c)   both of the following apply:

  (i)   interim dumping duty or dumping duty (within the meaning of section   269T of the Act) has been paid on goods;

  (ii)   at the time that duty was paid, the goods were exempt from interim dumping duty and dumping duty because of an instrument of exemption made under subsection   8(7) or 9(7) of the Customs Tariff (Anti - Dumping) Act 1975 (whether the instrument was made before or after the time that duty was paid);

  (d)   both of the following apply:

  (i)   interim countervailing duty or countervailing duty (within the meaning of section   269T of the Act) has been paid on goods;

  (ii)   at the time that duty was paid, the goods were exempt from that duty because of an instrument of exemption made under subsection   10(8) or 11(8) of the Customs Tariff (Anti - Dumping) Act 1975 (whether the instrument was made before or after the time that duty was paid).

Note 1:   The Customs Regulation   2015 also prescribes circumstances for refunds, rebates and remissions of duty under paragraph   163(1)(b) of the Act.

Note 2:   An instrument of exemption mentioned in subparagraph   (c)(ii) or (d)(ii) may take effect on a day specified in the instrument that is earlier or later than the day the instrument is made. However, if an application for exemption was made, the day specified in the instrument must not be earlier than the day the application was made.

 

Circumstances for refunds, rebates and remissions--originating goods

Item

Class of goods

Circumstances

1A

Singaporean originating goods

Duty has been paid on the goods.

1B

Goods that would have been Singaporean originating goods if, at the time the goods were imported, the importer held:

(a) a certification of origin (within the meaning of section   153XD of the Act) for the goods; or

(b) a copy of a document mentioned in paragraph   (a)

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a certification of origin (within the meaning of section   153XD of the Act) for the goods, or a copy of one, at the time of making the application for the refund.

1

Thai originating goods

Duty has been paid on the goods.

2

Goods that would have been Thai originating goods if, at the time the goods were imported, the importer held a Certificate of Origin or a copy of a Certificate of Origin for the goods

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Certificate of Origin or a copy of a Certificate of Origin for the goods at the time of making the application for the refund.

2A

Peruvian originating goods

Duty has been paid on the goods.

2B

Goods that would have been Peruvian originating goods if, at the time the goods were imported, the importer held a Certificate of Origin or a copy of a Certificate of Origin for the goods

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Certificate of Origin or a copy of a Certificate of Origin for the goods at the time of making the application for the refund.

3

Chilean originating goods

Duty has been paid on the goods.

4

Goods that would have been Chilean originating goods if, at the time the goods were imported, the importer held a Certificate of Origin or a copy of a Certificate of Origin for the goods

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Certificate of Origin or a copy of a Certificate of Origin for the goods at the time of making the application for the refund.

5

Malaysian originating goods

Duty has been paid on the goods.

6

Goods that would have been Malaysian originating goods if, at the time the goods were imported, the importer held:

(a) a Declaration of Origin, or a Certificate of Origin, for the goods; or

(b) a copy of a document mentioned in paragraph   (a)

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Declaration of Origin, or a Certificate of Origin for the goods, or a copy of either of those documents, at the time of making the application for the refund.

7

AANZ originating goods

Duty has been paid on the goods.

8

Goods that would have been AANZ originating goods if, at the time the goods were imported, the importer held a Certificate of Origin or a copy of a Certificate of Origin for the goods

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Certificate of Origin or a copy of a Certificate of Origin for the goods at the time of making the application for the refund.

8A

Pacific Islands originating goods

Duty has been paid on the goods.

8B

Goods that would have been Pacific Islands originating goods if, at the time the goods were imported, the importer held a Declaration of Origin or a copy of a Declaration of Origin for the goods

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Declaration of Origin or a copy of a Declaration of Origin for the goods at the time of making the application for the refund.

8C

Trans - Pacific Partnership originating goods

Duty has been paid on the goods.

8D

Goods that would have been Trans - Pacific Partnership originating goods if, at the time the goods were imported, the importer held:

(a) a certification of origin (within the meaning of section   153ZKU of the Act) for the goods; or

(b) a copy of a document mentioned in paragraph   (a)

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a certification of origin (within the meaning of section   153ZKU of the Act) for the goods, or a copy of one, at the time of making the application for the refund.

8E

Indonesian originating goods

Duty has been paid on the goods.

8F

Goods that would have been Indonesian originating goods if, at the time the goods were imported, the importer held:

(a) a Certificate of Origin, or a Declaration of Origin, for the goods; or

(b) a copy of a document mentioned in paragraph   (a)

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Certificate of Origin, or a Declaration of Origin, for the goods, or a copy of either of those documents, at the time of making the application for the refund.

9

Korean originating goods

Duty has been paid on the goods.

10

Goods that would have been Korean originating goods if, at the time for working out the rate of import duty on the goods, the importer held a Certificate of Origin or a copy of a Certificate of Origin for the goods

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Certificate of Origin or a copy of a Certificate of Origin for the goods at the time of making the application for the refund.

10A

Indian originating goods

Duty has been paid on the goods.

10B

Goods that would have been Indian originating goods if, at the time the goods were imported, the importer held a certificate of origin (within the meaning of subsection   153ZML(1) of the Act), or a copy of one, for the goods

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a certificate of origin (within the meaning of subsection   153ZML(1) of the Act), or a copy of one, for the goods at the time of making the application for the refund.

11

Japanese originating goods

Duty has been paid on the goods.

12

Goods that would have been Japanese originating goods if, at the time the goods were imported, the importer held:

(a) a Certificate of Origin or origin certification document for the goods; or

(b) a copy of a document mentioned in paragraph   (a)

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Certificate of Origin or origin certification document for the goods, or a copy of either of those documents, at the time of making the application for the refund.

13

Chinese originating goods

Duty has been paid on the goods.

14

Goods that would have been Chinese originating goods if, at the time the goods were imported, the importer held:

(a) a Certificate of Origin, or a Declaration of Origin, for the goods; or

(b) a copy of a document mentioned in paragraph   (a)

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Certificate of Origin, or a Declaration of Origin, for the goods, or a copy of either of those documents, at the time of making the application for the refund.

15

Hong Kong originating goods

Duty has been paid on the goods.

16

Goods that would have been Hong Kong originating goods if, at the time the goods were imported, the importer held a Declaration of Origin or a copy of a Declaration of Origin for the goods

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Declaration of Origin or a copy of a Declaration of Origin for the goods at the time of making the application for the refund.

17

RCEP originating goods

Duty has been paid on the goods.

18

Goods that would have been RCEP originating goods if, at the time the goods were imported, the importer held a Proof of Origin (within the meaning of subsection   153ZQB(1) of the Act), or a copy of one, for the goods

Both of the following apply:

(a) duty has been paid on the goods;

(b) the importer holds a Proof of Origin (within the meaning of subsection   153ZQB(1) of the Act), or a copy of one, for the goods at the time of making the application for the refund.

19

UK originating goods

Duty has been paid on the goods.

20

Goods that would have been UK originating goods if, at the time the goods were imported, the importer held:

(a) a declaration of origin (within the meaning of subsection   153ZRB(1) of the Act), or a copy of one, for the goods; or

(b) other documentation to support that the goods are originating

Duty has been paid on the goods and, at the time of making the application for the refund, the importer holds:

(a) a declaration of origin (within the meaning of subsection   153ZRB(1) of the Act), or a copy of one, for the goods; or

(b) other documentation to support that the goods are originating.



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