Explanatory Memorandum
(Circulated by the authority of the Minister for Home Affairs, the Honourable Brendan O'Connor MP)Notes on clauses
Clause 1 - Short title
1. This clause provides for the Bill, when enacted, to be cited as the Customs Amendment (New Zealand Rules of Origin) Act 2011 .
Clause 2 - Commencement
2. Subclause (1) provides that each provision of this Act specified in column 1 of the table in that subclause commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. This subclause also provides that any other statement in column 2 of the table has effect according to its terms.
3. Item 1 of the table provides that sections 1 to 3 and anything in this Act not elsewhere covered by the table will commence on the day on which the Act receives the Royal Assent.
4. Item 2 of the table provides that Schedule 1 commences on the later day of:
- (a)
- the day on which the Act receives the Royal Assent; or
- (b)
- the day on which the amendments of Article 3 of the Agreement, that were agreed to by Australia and New Zealand in 2010, enter into force. Australia agreed to these amendments to Article 3 by an exchange of letters between the Ministers for Trade for Australia and New Zealand in June 2010. The amendments would enter into force on the date when the governments of Australia and New Zealand notify each other by an exchange of notes that they have completed their respective domestic processes to bring the amendments into force. Australia will complete its domestic processes when this Bill receives the Royal Assent.
The Minister for Home Affairs must announce by notice in the Gazette the day on which the amendments enter into force.
Clause 3 - Schedule(s)
5. This clause is the formal enabling provision for the Schedule to the Bill, providing that each Act specified in a Schedule is amended in accordance with the applicable items of the Schedule. In this Bill, the Customs Act is being amended.
6. The clause also provides that the other items of the Schedules have effect according to their terms. This is a standard enabling clause for transitional, savings and application items in amending legislation.