Customs Act 1901

PART VIII - THE DUTIES  

Division 1N - Regional Comprehensive Economic Partnership (RCEP) originating goods  

Subdivision A - Preliminary  

SECTION 153ZQB   INTERPRETATION  

Definitions

153ZQB(1)    
In this Division:

Agreement
means the Regional Comprehensive Economic Partnership Agreement, done on 15 November 2020, as amended and in force for Australia from time to time.

Note:

The Agreement could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

aquaculture
has the meaning given by Article 3.1 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 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

customs authority
has the meaning given by Article 4.1 of Chapter 4 of the Agreement.

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

factory ship of a Party
has the same meaning as it has in Chapter 3 of the Agreement.

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 3A to Chapter 3 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) indirect materials.

Party
has the meaning given by Article 1.2 of Chapter 1 of the Agreement.

Note:

See also subsection (6) .

person of a Party
has the same meaning as it has in Chapter 3 of the Agreement.

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

Proof of Origin
means a document that is in force and that complies with the requirements of Article 3.16 of Chapter 3 of the Agreement.

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

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

vessels of a Party
has the same meaning as it has in Chapter 3 of the Agreement.

Value of goods

153ZQB(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

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

153ZQB(4)    
Subsection 4(3A) does not apply for the purposes of this Division.

Incorporation of other instruments

153ZQB(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

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