Customs Act 1901

PART VIII - THE DUTIES  

Division 1GB - Trans Pacific Partnership originating goods  

Subdivision A - Preliminary  

SECTION 153ZKU   INTERPRETATION  

Definitions

153ZKU(1)  
In this Division:

Agreement
means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile on 8 March 2018, as amended and in force for Australia from time to time.

Note 1:

The Agreement could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 2:

Under Article 1 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Santiago Agreement ), most of the provisions of the Trans-Pacific Partnership Agreement (the Auckland Agreement ), done at Auckland on 4 February 2016, are incorporated, by reference, into and made part of the Santiago Agreement. This means, for example, that Chapters 1 and 3 of the Auckland Agreement are, because of that Article, Chapters 1 and 3 of the Santiago Agreement.

aquaculture
has the meaning given by Article 3.1 of Chapter 3 of the Agreement.

certification of origin
means a certification that is in force and that complies with the requirements of Article 3.20 of Chapter 3 of the Agreement.

Convention
means the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14 June 1983, as in force from time to time.

Note:

The Convention is in Australian Treaty Series 1988 No. 30 ([1988] ATS 30) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

customs value
of 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 immediately before 1 January 2017; or


(b) if the table in Annex 3-D to Chapter 3, or in Annex 4-A to Chapter 4, 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.

indirect materials
means:


(a) goods or energy used in the production, testing or inspection of goods, but not physically incorporated in the goods; or


(b) goods or energy used in the maintenance of buildings or the operation of equipment associated with the production of goods;

including:


(c) fuel (within its ordinary meaning); and


(d) tools, dies and moulds; and


(e) spare parts and materials; and


(f) lubricants, greases, compounding materials and other similar goods; and


(g) gloves, glasses, footwear, clothing, safety equipment and supplies; and


(h) catalysts and solvents.

Interpretation Rules
means the General Rules (as in force from time to time) for the Interpretation of the Harmonized System provided for by the Convention.

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

non-Party
has the same meaning as it has in Chapter 3 of the Agreement.

originating materials
means:


(a) goods that are originating goods, in accordance with Chapter 3 of the Agreement, and that are used in the production of other goods; or


(b) recovered goods derived in the territory of one or more of the Parties and used in the production of, and incorporated into, remanufactured goods; or


(c) indirect materials.

Party
has the meaning given by Article 1.3 of Chapter 1 of the Agreement.

Note:

See also subsection (6).

person of a Party
has the meaning given by Article 1.3 of Chapter 1 of the Agreement.

production
has the meaning given by Article 3.1 of Chapter 3 of the Agreement.

recovered goods
means goods in the form of one or more individual parts that:


(a) have resulted from the disassembly of used goods; and


(b) have been cleaned, inspected, tested or processed as necessary for improvement to sound working condition.

remanufactured goods
means goods that:


(a) are classified to any of Chapters 84 to 90 (other than heading 84.18, 85.09, 85.10, 85.16 or 87.03 or subheading 8414.51, 8450.11, 8450.12, 8508.11 or 8517.11), or to heading 94.02, of the Harmonized System; and


(b) are entirely or partially composed of recovered goods; and


(c) have a similar life expectancy to, and perform the same as or similar to, new goods:


(i) that are so classified; and

(ii) that are not composed of any recovered goods; and


(d) have a factory warranty similar to that applicable to such new goods.

territory
, for a Party, has the meaning given by Article 1.3 of Chapter 1 of the Agreement.

textile or apparel good
has the meaning given by Article 1.3 of Chapter 1 of the Agreement.

Trans-Pacific Partnership originating goods
means goods that, under this Division, are Trans-Pacific Partnership originating goods.

wholly formed
, in relation to elastomeric yarn, has the same meaning as it has in the Agreement.

Value of goods

153ZKU(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

153ZKU(3)  
In specifying tariff classifications for the purposes of this Division, the regulations may refer to the Harmonized System.

153ZKU(4)  
Subsection 4(3A) does not apply for the purposes of this Division. Incorporation of other instruments

153ZKU(5)  
Despite subsection 14(2) of the Legislation Act 2003 , regulations made for the purposes of this Division may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time. Notification of entry into force of Agreement for a Party

153ZKU(6)  
The Minister must announce, by notifiable instrument, the day on which the Agreement enters into force for a Party (other than Australia).




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