Customs Act 1901

PART VIII - THE DUTIES  

Division 1G - ASEAN-Australia-New Zealand (AANZ) originating goods  

Subdivision A - Preliminary  

SECTION 153ZKB   INTERPRETATION  

153ZKB(1)   Definitions.  

In this Division:

AANZ originating goods
means goods that, under this Division, are AANZ originating goods.

Agreement
means the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, done at Thailand on 27 February 2009, as amended and in force for Australia from time to time.

Note:

In 2009, the text of the Agreement was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

aquaculture
has the meaning given by Article 1 of Chapter 3 of the Agreement.

Certificate of Origin
(Repealed by No 116 of 2024)

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 text of the Convention is set out in Australian Treaty Series 1988 No. 30 ( [ 1988 ] ATS 30). In 2009, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

customs value
of goods has the meaning given by section 159.

exclusive economic zone
(Repealed by No 46 of 2011)

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 either of the following events occurs:

(i) Annex 3B to Chapter 3 of the Agreement is amended or replaced to refer to Chapters, headings and subheadings of an updated version of the Harmonized Commodity Description and Coding System;

(ii) there is a transposition (as mentioned in paragraph 4 of Article 19 of Chapter 3 of the Agreement) of Annex 3B to Chapter 3 of the Agreement because of an updated version of the Harmonized Commodity Description and Coding System and the transposition is adopted as mentioned in that paragraph;

the version of the Harmonized Commodity Description and Coding System covered by whichever of those events occurred most recently.

in a Party
includes:

(a) the territorial sea of a Party; and

(b) the exclusive economic zone of a Party over which the Party exercises sovereign rights or jurisdiction in accordance with international law; and

(c) the continental shelf of a Party over which the Party exercises sovereign rights or jurisdiction in accordance with international law.

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.

originating materials
means:

(a) AANZ originating goods that are used or consumed in the production of other goods; or

(b) indirect materials.

Party
means a Party (within the meaning of the Agreement) for which the Agreement has entered into force.

Note: See also subsection (7).

produce
means grow, farm, raise, breed, mine, harvest, fish, trap, hunt, capture, gather, collect, extract, manufacture, process or assemble.

Product-Specific Rules
means the following:

(a)    Annex 3B to Chapter 3 of the Agreement, unless paragraph (b) applies;

(b)    if:

(i) there is a transposition (as mentioned in paragraph 4 of Article 19 of Chapter 3 of the Agreement) of Annex 3B to Chapter 3 of the Agreement because of an updated version of the Harmonized Commodity Description and Coding System and the transposition is adopted as mentioned in that paragraph; and

(ii) that Annex has not been amended or replaced as a result of that transposition; and

(iii) that Annex has not been amended or replaced as a result of a further updated version of the Harmonized Commodity Description and Coding System;

that Annex as so transposed.

Proof of Origin
means a certificate, or a declaration, that is in force and complies with the requirements of Rule 1 of Annex 3A to Chapter 3 of the Agreement.

territorial sea
has the same meaning as in the Seas and Submerged Lands Act 1973 .

153ZKB(2)    
(Repealed by No 151 of 2018)

153ZKB(3)   Value of goods.  

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.

153ZKB(4)   Tariff classifications.  

In specifying tariff classifications for the purposes of this Division, the regulations may refer to the Harmonized System.

153ZKB(5)   [ S 4(3A) does not apply ]  

Subsection 4(3A) does not apply for the purposes of this Division.

153ZKB(6)   Incorporation of other instruments.  

For the purposes of this Division, the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.

153ZKB(7)   Notification of entry into force of Agreement for a Party etc.  

The Minister must announce, by notifiable instrument, the day on which the Agreement, or an amendment of the Agreement, enters into force for a Party (other than Australia).

153ZKB(8)    
(Repealed by No 116 of 2024)