Customs Amendment (New Zealand Rules of Origin) Act 2012 (Cth)

Customs Amendment (New Zealand Rules of Origin) Act 2012

Act No. 1 of 2012 as amended

This compilation was prepared on 19 December 2012

taking into account amendments up to Act No. 172 of 2012

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Parliamentary Counsel, Canberra

Contents

An Act to amend the Customs Act 1901, and for related purposes

1Short title [see Note 1]

This Act may be cited as the Customs Amendment (New Zealand Rules of Origin) Act 2012.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

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.	6 March 2012
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.	30 April 2012 (see Gazette 2012, No. GN21) (paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1AmendmentsPart 1New Zealand originating goods

Customs Act 1901

1

Section 153ZIA

Omit:

• Subdivision B provides that goods are New Zealand originating goods if they are wholly obtained in New Zealand or in New Zealand and Australia.

substitute:

• Subdivision B provides that goods are New Zealand originating goods if they are wholly obtained or produced in New Zealand or in New Zealand and Australia.

2

Section 153ZIA

After:

• Subdivision G sets out when goods are New Zealand originating goods because their last process of manufacture is performed in New Zealand. It is repealed on 1 January 2012.

insert:

• Subdivision GA provides that goods are not New Zealand originating goods under this Division merely because of certain operations.

3

Subsection 153ZIB(1)

Insert:

aquaculture has the meaning given by Article 3 of the Agreement.

1. 4

   Subsection 153ZIB(1) (definition of manufacture)

Repeal the definition, substitute:

manufacture means the creation of an article essentially different from the matters or substances that go into that creation.

5

Subsection 153ZIB(1) (definition of produce)

Omit “or disassemble”, substitute “, restore or renovate”.

1. 6

   Subdivision B of Division 1E of Part VIII (heading)

Repeal the heading, substitute:

Subdivision B—Goods wholly obtained or produced in New Zealand or New Zealand and Australia

7

Subsection 153ZIC(1)

After “obtained”, insert “or produced”.

Note: The heading to section 153ZIC is altered by inserting “or produced” after “obtained”.

8

Subsection 153ZIC(2)

After “obtained”, insert “or produced”.

1. 10

   After Subdivision F of Division 1E of Part VIII

Insert:

Subdivision G—Non‑qualifying operations

153ZIJNon‑qualifying operations

1. (1)

   Goods are not New Zealand originating goods under this Division merely because of the following operations:

   1. (a)

      operations to preserve goods in good condition for the purposes of transport or storage;

   2. (b)

      disassembly of goods;

   3. (c)

      affixing of marks, labels or other similar distinguishing signs on goods or their packaging;

   4. (d)

      packaging, changes to packaging, the breaking up or assembly of packages or presenting goods for transport or sale;

   5. (e)

      quality control inspections;

   6. (f)

      any combination of operations referred to in paragraphs (a) to (e).

2. (2)

   This section applies despite any other provision of this Division.

11

Application

The amendments made by this Part apply in relation to:

1. (a)

   goods imported into Australia on or after the commencement of this Part; and

2. (b)

   goods imported into Australia before the commencement of this Part, where the time for working out the rate of import duty on the goods had not occurred before the commencement of this Part.

Part 2Verification powers

Customs Act 1901

12

Section 126AJA (definition of manufacture)

Repeal the definition, substitute:

manufacture means the creation of an article essentially different from the matters or substances that go into that creation.

1. 13

   Section 126AJA (at the end of the definition of principal manufacturer)

Add “, where that last process was not a restoration or renovation process such as repairing, reconditioning, overhauling or refurbishing”.

14

Section 126AJA (definition of producer)

Omit “or disassembles”, substitute “, restores or renovates”.

15

Application

The amendments made by this Part apply in relation to goods exported to New Zealand on or after the commencement of this Part.

Notes to the Customs Amendment (New Zealand Rules of Origin) Act 2012

Note 1

The Customs Amendment (New Zealand Rules of Origin) Act 2012 as shown in this compilation comprises Act No. 1, 2012 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Customs Amendment (New Zealand Rules of Origin) Act 2012	1, 2012	6 Mar 2012	See s. 2(1)
Customs Amendment (Malaysia‑Australia Free Trade Agreement Implementation and Other Measures) Act 2012	172, 2012	4 Dec 2012	Schedule 2 (items 2–5): (a)	—

(a) Subsection 2(1) (item 4) of the Customs Amendment (Malaysia‑Australia Free Trade Agreement Implementation and Other Measures) Act 2012 provides as follows:

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
4. Schedule 2, items 2 to 5	Immediately after the time specified in the Customs Amendment (New Zealand Rules of Origin) Act 2012 for the commencement of Schedule 1 to that Act.	30 April 2012

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Schedule 1
Part 1
Item 9...................................	rep. No. 172, 2012
Heading to item 10................	am. No. 172, 2012
Item 10..................................	am. No. 172, 2012