Customs (International Obligations) Amendment (Peru-Australia Free Trade Agreement Implementation) Regulations 2019 (Cth)

Customs (International Obligations) Amendment (Peru‑Australia Free Trade Agreement Implementation) Regulations 2019

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 12 December 2019

David Hurley

Governor‑General

By His Excellency’s Command

Jason Wood

Assistant Minister for Customs, Community Safety and Multicultural Affairs

Parliamentary Secretary to the Minister for Home Affairs

Contents

1Name

This instrument is the Customs (International Obligations) Amendment (Peru-Australia Free Trade Agreement Implementation) Regulations 2019.

2Commencement

1. (1)

   Each provision of this instrument 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
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	18 December 2019
2. Schedule 1	At the same time as Schedule 1 to the Customs Amendment (Growing Australian Export Opportunities Across the Asia‑Pacific) Act 2019 commences.	11 February 2020

Note: This table relates only to the provisions of this instrument as originally made.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

1. (2)

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

3Authority

This instrument is made under the Customs Act 1901.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Customs (International Obligations) Regulation 2015

1. 1

   Section 4 (after paragraph (f) of the definition of Certificate of Origin)

Insert:

1. (fa)

   in relation to Peruvian originating goods—has the meaning given by subsection 153ZIM(1) of the Act; or

2

Section 4

Insert:

Peruvian originating goods has the meaning given by subsection 153ZIM(1) of the Act.

3

Section 23 (after table item 2)

Insert:

2A	Peruvian originating goods	Duty has been paid on the goods.
2B	Goods that would have been Peruvian originating goods if, at the time the goods were imported, the importer held a Certificate of Origin or a copy of a Certificate of Origin for the goods	Both of the following apply: (a) duty has been paid on the goods; (b) the importer holds a Certificate of Origin or a copy of a Certificate of Origin for the goods at the time of making the application for the refund.

4

After paragraph 24(a)

Insert:

1. (ab)

   the goods mentioned in item 2A or 2B of the table in section 23 are Peruvian originating goods; or

1. 5

   Subsection 31(2) (paragraph (a) of the definition of duty payable)

After “1,”, insert “2A,”.

1. 6

   Subsection 31(2) (paragraph (b) of the definition of duty payable)

After “2,”, insert “2B,”.

1. 7

   Subsection 31(2) (after paragraph (a) of the definition of relevant originating goods)

Insert:

1. (ab)

   Peruvian originating goods;