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This is a Bill, not an Act. For current law, see the Acts databases.

CUSTOMS AMENDMENT (NEW ZEALAND RULES OF ORIGIN) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (New Zealand
Rules of Origin) Bill 2011
No. , 2011
(Home Affairs)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
i Customs Amendment (New Zealand Rules of Origin) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--New Zealand originating goods
3
Customs Act 1901
3
Part 2--Verification powers
6
Customs Act 1901
6
Customs Amendment (New Zealand Rules of Origin) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Customs Act 1901,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Customs Amendment (New Zealand
5
Rules of Origin) Act 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Customs Amendment (New Zealand Rules of Origin) Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) the day this Act receives the Royal
Assent; and
(b) the day on which the amendments of
Article 3 of the Australia New Zealand
Closer Economic Relations Trade
Agreement, that were agreed to by
Australia and New Zealand in 2010,
enter into force.
The Minister administering the Customs Act
1901 must announce by notice in the Gazette
the day on which those amendments enter
into force.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
New Zealand originating goods Part 1
Customs Amendment (New Zealand Rules of Origin) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
Part 1--New Zealand originating goods
2
Customs Act 1901
3
1 Section 153ZIA
4
Omit:
5
·
Subdivision B provides that goods are New Zealand
6
originating goods if they are wholly obtained in New Zealand
7
or in New Zealand and Australia.
8
substitute:
9
·
Subdivision B provides that goods are New Zealand
10
originating goods if they are wholly obtained or produced in
11
New Zealand or in New Zealand and Australia.
12
2 Section 153ZIA
13
After:
14
·
Subdivision G sets out when goods are New Zealand
15
originating goods because their last process of manufacture is
16
performed in New Zealand. It is repealed on 1 January 2012.
17
insert:
18
·
Subdivision GA provides that goods are not New Zealand
19
originating goods under this Division merely because of
20
certain operations.
21
3 Subsection 153ZIB(1)
22
Insert:
23
aquaculture has the meaning given by Article 3 of the Agreement.
24
4 Subsection 153ZIB(1) (definition of manufacture)
25
Schedule 1 Amendments
Part 1 New Zealand originating goods
4 Customs Amendment (New Zealand Rules of Origin) Bill 2011 No. , 2011
Repeal the definition, substitute:
1
manufacture means the creation of an article essentially different
2
from the matters or substances that go into that creation.
3
5 Subsection 153ZIB(1) (definition of produce)
4
Omit "or disassemble", substitute ", restore or renovate".
5
6 Subdivision B of Division 1E of Part VIII (heading)
6
Repeal the heading, substitute:
7
Subdivision B--Goods wholly obtained or produced in New
8
Zealand or New Zealand and Australia
9
7 Subsection 153ZIC(1)
10
After "obtained", insert "or produced".
11
Note:
The heading to section 153ZIC is altered by inserting "or produced" after "obtained".
12
8 Subsection 153ZIC(2)
13
After "obtained", insert "or produced".
14
9 After paragraph 153ZII(1)(a)
15
Insert:
16
(aa) that last process was not a restoration or renovation process
17
such as repairing, reconditioning, overhauling or
18
refurbishing; and
19
10 After Subdivision G of Division 1E of Part VIII
20
Insert:
21
Subdivision GA--Non-qualifying operations
22
153ZIIA Non-qualifying operations
23
(1) Goods are not New Zealand originating goods under this Division
24
merely because of the following operations:
25
(a) operations to preserve goods in good condition for the
26
purposes of transport or storage;
27
(b) disassembly of goods;
28
Amendments Schedule 1
New Zealand originating goods Part 1
Customs Amendment (New Zealand Rules of Origin) Bill 2011 No. , 2011 5
(c) affixing of marks, labels or other similar distinguishing signs
1
on goods or their packaging;
2
(d) packaging, changes to packaging, the breaking up or
3
assembly of packages or presenting goods for transport or
4
sale;
5
(e) quality control inspections;
6
(f) any combination of operations referred to in paragraphs (a) to
7
(e).
8
(2) This section applies despite any other provision of this Division.
9
11 Application
10
The amendments made by this Part apply in relation to:
11
(a) goods imported into Australia on or after the commencement
12
of this Part; and
13
(b) goods imported into Australia before the commencement of
14
this Part, where the time for working out the rate of import
15
duty on the goods had not occurred before the
16
commencement of this Part.
17
18
Schedule 1 Amendments
Part 2 Verification powers
6 Customs Amendment (New Zealand Rules of Origin) Bill 2011 No. , 2011
Part 2--Verification powers
1
Customs Act 1901
2
12 Section 126AJA (definition of manufacture)
3
Repeal the definition, substitute:
4
manufacture means the creation of an article essentially different
5
from the matters or substances that go into that creation.
6
13 Section 126AJA (at the end of the definition of principal
7
manufacturer)
8
Add ", where that last process was not a restoration or renovation
9
process such as repairing, reconditioning, overhauling or refurbishing".
10
14 Section 126AJA (definition of producer)
11
Omit "or disassembles", substitute ", restores or renovates".
12
15 Application
13
The amendments made by this Part apply in relation to goods exported
14
to New Zealand on or after the commencement of this Part.
15

 

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