Customs Act 1901

PART VIII - THE DUTIES  

Division 1H - Malaysian originating goods  

Subdivision A - Preliminary  

SECTION 153ZLB   INTERPRETATION  

Definitions

153ZLB(1)    

In this Division:

Agreement
means the Malaysia-Australia Free Trade Agreement, done at Kuala Lumpur on 22 May 2012, as amended from time to time.

Note:

In 2012, the text of the Agreement was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

aquaculture
has the meaning given by Article 3.1 of the Agreement.

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

Certificate of Origin
means a certificate that is in force and that complies with the requirements of Articles 3.15 and 3.16, and Rule 7 of the Annex to 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 text of the Convention is set out in Australian Treaty Series 1988 No. 30 ([1988] ATS 30). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (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, and Rule 7 of the Annex to 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 on 1 January 2013; or

(b) if the table in Annex 2 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.

juridical person
has the meaning given by Article 1.2 of the Agreement.

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

non-originating materials
means goods that are not originating materials.

originating materials
means:

(a) Malaysian 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.

person of Malaysia
means:

(a) a natural person of a Party within the meaning, so far as it relates to Malaysia, of Article 1.2 of the Agreement; or

(b) a juridical person of Malaysia.

planted
has the meaning given by Article 3.1 of the Agreement.

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

territory of Australia
means territory within the meaning, so far as it relates to Australia, of Article 1.2 of the Agreement.

territory of Malaysia
means territory within the meaning, so far as it relates to Malaysia, of Article 1.2 of the Agreement.

153ZLB(2)    
(Repealed by No 4 of 2021)

Value of goods

153ZLB(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

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

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

Incorporation of other instruments

153ZLB(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.