House Of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Immigration and Border Protection the Honourable Peter Dutton MP)

Notes on clauses

Clause 1 - Short title

1. This clause provides for the Bill, when enacted, to be cited as the Customs Amendment (China-Australia Free Trade Agreement Implementation) Act 2015.

Clause 2 - Commencement

2. 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. This subclause also provides that any other statement in column 2 of the table has effect according to its terms.

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

4. Item 2 of the table provides that Schedule 1 either commences on the later of the day on which this Act receives the Royal Assent or on the day on which the Agreement done at Canberra on 17 June 2015 enters into force for Australia. However, Schedule 1 does not commence at all if the event mentioned in paragraph (b) does not occur.

5. This item also provides that the Minister for Immigration and Border Protection must announce by notice in the Gazette the day on which the Agreement enters into force for Australia.

6. Item 3 of the table provides that Schedule 2 commences either immediately after the commencement of the provisions covered by table item 2 or immediately after the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015, whichever is later. However, Schedule 2 does not commence at all if the amendments in table item 2 do not occur.

7. Subclause (2) provides that column 3 of the table contains additional information that is not part of the Act.

Clause 3 - Schedule(s)

8. 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 is being amended.

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