Customs Act 1901

PART VIII - THE DUTIES  

Division 1H - Malaysian originating goods  

Subdivision B - Goods wholly obtained or produced in Malaysia or in Malaysia and Australia  

SECTION 153ZLC   GOODS WHOLLY OBTAINED OR PRODUCED IN MALAYSIA OR IN MALAYSIA AND AUSTRALIA  

153ZLC(1)    
Goods are Malaysian originating goods if:

(a) they are wholly obtained or produced in Malaysia or in Malaysia and Australia; and

(b) either:

(i) the importer of the goods has, at the time the goods are imported, a Declaration of Origin or a Certificate of Origin, or a copy of one, for the goods; or

(ii) Australia has waived the requirement for a Declaration of Origin or a Certificate of Origin for the goods.

153ZLC(2)    
Goods are wholly obtained or produced in Malaysia or in Malaysia and Australia if, and only if, the goods are:

(a) minerals, or other naturally occurring substances, extracted or taken in the territory of Malaysia; or

(b) plants formed, naturally grown or planted in the territory of Malaysia or in the territory of Malaysia and the territory of Australia, or products obtained in the territory of Malaysia from such plants; or

(c) live animals born and raised in the territory of Malaysia, or in the territory of Malaysia and the territory of Australia; or

(d) goods obtained from live animals in the territory of Malaysia; or

(e) goods obtained directly from hunting, trapping, fishing, gathering, capturing or aquaculture conducted in the territory of Malaysia; or

(f) fish, shellfish or plant or other marine life taken from the high seas by ships that are registered in Malaysia and are flying the flag of Malaysia; or

(g) goods obtained or produced from goods referred to in paragraph (f) on board factory ships that are registered in Malaysia and are flying the flag of Malaysia; or

(h) goods taken by Malaysia, or a person of Malaysia, from the seabed, or beneath the seabed, outside:

(i) the exclusive economic zone of Malaysia; and

(ii) the continental shelf of Malaysia; and

(iii) an area over which a third party exercises jurisdiction;

and taken under exploitation rights granted in accordance with international law; or

(i) waste and scrap that has been derived from production or consumption in the territory of Malaysia and that is fit only for the recovery of raw materials; or

(j) used goods that are collected in the territory of Malaysia and that are fit only for the recovery of raw materials; or

(k) goods produced or obtained entirely in the territory of Malaysia, or in the territory of Malaysia and the territory of Australia, exclusively from goods referred to in paragraphs (a) to (j) or from their derivatives.