Explanatory Memorandum
Circulated By Authority of the Minister for Home Affairs, the Honourable Bob Debus MpNOTES ON CLAUSES
Clause 1 - Short title
1. This clause provides for the Bill, when enacted, to be cited as the Customs Amendment (Australia-Chile Free Trade Agreement Implementation) Act 2008.
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 either commences on 1 January 2009 or on the day on which the Australia-Chile Free Trade Agreement (the Agreement) done at Canberra on 30 July 2008 comes into force for Australia, whichever is later. However, Parts 1 and 2 do not commence at all if the event mentioned in paragraph (b) does not occur.
5. This item also provides that the Minister for Home Affairs must announce by notice in the Gazette the day on which the Agreement comes into force for Australia.
6. Subclause (2) provides that column 3 of the table contains additional information that is not part of the Act.
Clause 3 - Schedule(s)
7. 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.
8. 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.