House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison)

Notes on clauses

Clause 1 - Short title

This clause provides for the Act, when enacted, to be cited as the Customs Amendment Act (No. 1) 2003 .

Clause 2 - Commencement

Subclause (1) provides that each provision of this Act specified in column 1 of the table in that subclause commences or is taken to have commenced on the day or at the time specified in column 2 of the table.

Item 1 of the table provides that sections 1 to 3 and anything in this Act not elsewhere covered by this table commence on the day on which this Act receives the Royal Assent.

Item 2 of the table provides that Schedule 1 commences on 1 July 2003. Schedule 1 introduces the new rules of origin for goods that are the produce or manufacture of a Least Developed Country (LDC).

Item 3 of the table provides that Schedule 2 commences on the day on which SAFTA enters into force. Schedule 2 introduces the new rules of origin for goods that are the produce or manufacture of Singapore, to give effect to the Singapore-Australia Free Trade Agreement (SAFTA). Schedule 2 also introduces compliance requirements, including record keeping requirements, on exporters of goods from Australia to Singapore and in respect of which a preferential tariff is to be claimed, and on people who manufacture or produce such goods.

Subclause (2) provides that column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

Subclause (3) provides that if a provision commences as a result of item3 of the table, the Minister must announce by notice published in the Gazette the day on which the provision commenced.

Subclause (4) provides that in this section, SAFTA has the meaning that it has in Division 1B of Part VIII of the Customs Act 1901 . Item 3 of Schedule 2 to the Bill inserts Division 1B of Part VIII of the Customs Act 1901 .

Clause 3 - Schedule(s)

This clause is the formal enabling provision for the Schedule to the Bill, providing that each Act specified in a Schedule is amended in accordance with the applicable items of the Schedule. In this Bill, the Customs Act 1901 (the Customs Act) is being amended.

The clause also provides that the other items of the Schedules have effect according to their terms. This is a standard enabling clause for transitional, savings and application items in amending legislation.