Customs Act 1901

PART VIII - THE DUTIES  

Division 1GA - Pacific Islands originating goods  

Subdivision B - Goods wholly obtained or produced in a Party  

SECTION 153ZKM   GOODS WHOLLY OBTAINED OR PRODUCED IN A PARTY  

153ZKM(1)    
Goods are Pacific Islands originating goods if:

(a)    they are wholly obtained or produced in a Party; and

(b)    either:

(i) the importer of the goods has, at the time the goods are imported, a Declaration of Origin, or a copy of one, for the goods; or

(ii) Australia has waived the requirement for a Declaration of Origin for the goods.

153ZKM(2)    
Goods are wholly obtained or produced in a Party if, and only if, the goods are:

(a)    plants, or goods obtained from plants, that are grown, harvested, picked or gathered in a Party (including fruit, flowers, vegetables, trees, seaweed, fungi and live plants); or

(b)    live animals born and raised in one or more of the Parties; or

(c)    goods obtained from live animals in a Party; or

(d)    goods obtained from hunting, trapping, fishing, farming, aquaculture, gathering or capturing in a Party; or

(e)    minerals, or other naturally occurring substances, extracted or taken from the soil, waters, seabed or beneath the seabed in a Party; or

(f)    goods of sea-fishing, or other marine goods, taken from the high seas, in accordance with international law, by any vessel that is registered or recorded with a Party and is entitled to fly the flag of that Party; or

(g)    goods produced, from goods referred to in paragraph (f), on board a factory ship that is registered or recorded with a Party and is entitled to fly the flag of that Party; or

(h)    goods taken by a Party, or a person of a Party, from the seabed, or beneath the seabed, beyond the outer limits of:

(i) the exclusive economic zone of that Party; and

(ii) the continental shelf of that Party; and

(iii) an area over which a third party exercises jurisdiction;

and taken under exploitation rights granted in accordance with international law; or

(i)    either of the following:

(i) waste and scrap that has been derived from production or consumption in a Party and that is fit only for the recovery of raw materials;

(ii) used goods that are collected in a Party and that are fit only for the recovery of raw materials; or

(j)    goods produced or obtained in a Party solely from goods referred to in paragraphs (a) to (i) or from their derivatives.