Customs Act 1901

PART VIII - THE DUTIES  

Division 1L - Chinese originating goods  

Subdivision A - Preliminary  

SECTION 153ZOB   INTERPRETATION  

Definitions

153ZOB(1)    
In this Division:

Agreement
means the China-Australia Free Trade Agreement, done at Canberra on 17 June 2015, as amended from time to time.

Note:

The Agreement could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Australian originating goods
means goods that are Australian originating goods under a law of China that implements the Agreement.

Certificate of Origin
means a certificate that is in force and that complies with the requirements of Article 3.14 of the Agreement.

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

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 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

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

Declaration of Origin
means a declaration that is in force and that complies with the requirements of Article 3.15 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 II to 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 or operation of equipment or buildings 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) Chinese originating goods that are used in the production of other goods; or

(b) Australian originating goods that are used in the production of other goods; or

(c) indirect materials.

plant
has the same meaning as it has in the Agreement.

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

territory of a non-party
has the same meaning as it has in the Agreement, and includes the customs territory of the following members of the World Trade Organization established by the World Trade Organization Agreement:

(a) Hong Kong, China;

(b) Macao, China;

(c) Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.

territory of Australia
means territory within the meaning, so far as it relates to Australia, of Article 1.3 of the Agreement.

territory of China
means territory within the meaning, so far as it relates to China, of Article 1.3 of the Agreement, and does not include the customs territory of the following members of the World Trade Organization established by the World Trade Organization Agreement:

(a) Hong Kong, China;

(b) Macao, China;

(c) Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.

World Trade Organization Agreement
means the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

Note:

The Agreement is in Australian Treaty Series 1995 No. 8 ([1995] ATS 8) and could in 2015 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

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

Value of goods

153ZOB(3)    
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

153ZOB(4)    
In prescribing tariff classifications for the purposes of this Division, the regulations may refer to the Harmonized System.

153ZOB(5)    
Subsection 4(3A) does not apply for the purposes of this Division.

Incorporation of other instruments

153ZOB(6)    

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.