CUSTOMS REGULATIONS (REPEALED)
For subsection 126AJB (1) of the Act, the producer or principal manufacturer of goods mentioned in that subsection, whether or not the producer or principal manufacturer is the exporter of the goods, must keep the following records:
(a) records of the purchase of the goods; (b) if the producer or principal manufacturer is the exporter of the goods - evidence of the classification of the goods under the Harmonized System; (c) evidence that payment has been made for the goods; (d) evidence of the value of the goods; (e) records of the purchase of all materials that were purchased for use or consumption in the production of the goods and evidence of the classification of the materials under the Harmonized System; (f) evidence of the value of those materials; (g) records of the production of the goods; (h) if the goods include any spare parts, accessories or tools that were purchased by the producer or principal manufacturer:
(i) records of the purchase of the spare parts, accessories or tools; and
(i) if the goods include any spare parts, accessories or tools that were produced by the producer or principal manufacturer:
(ii) evidence of the value of the spare parts, accessories or tools;
(i) records of the purchase of all materials that were purchased for use or consumption in their production; and
(ii) evidence of the value of the materials; and
(j) if the goods are packaged for retail sale in packaging material or a container that was purchased by the producer or principal manufacturer:
(iii) records of the production of the spare parts, accessories or tools;
(i) records of their purchase; and
(k) if the goods are packaged for retail sale in packaging material or a container that was produced by the producer or principal manufacturer:
(ii) evidence of the value of the packaging material or container;
(i) records of the purchase of all materials that were purchased for use or consumption in the production of the packaging material or container; and
(ii) evidence of the value of the materials; and
105G(2) [ Record keeping period]
(iii) records of the production of the packaging material or container.
The records must be kept for a period of at least 5 years starting on the date of exportation.
105G(3) [ Place and form]The producer or principal manufacturer:
(a) may keep a record under this regulation at any place (whether or not in Australia); and (b) must ensure that:
(i) the record is kept in a form that would enable a determination of whether the goods are Australian originating goods in accordance with the Agreement; and
(ii) if the record is not in English - the record is kept in a place and form that would enable an English translation to be readily made; and
105G(4) [ Definitions]
(iii) if the record is kept by mechanical or electronic means - the record is readily convertible into a hard copy in English.
In this regulation:
(a) principal manufacturer has the same meaning as in Division 4D of Part VI of the Act; and (b) the following words and expressions have the same meaning as in Division 1E of Part VIII of the Act:
(i) Agreement;
(ii) Australian originating goods;
(iii) Harmonized System;
(iv) produce.
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