Customs (Pacific Agreement on Closer Economic Relations Plus—Entry into Force for Other Parties) Notice 2022

Overview

The Customs (Pacific Agreement on Closer Economic Relations Plus—Entry into Force for Other Parties) Notice 2022, made under subsection 153ZKL(6) of the Customs Act 1901, was enacted to formalise the entry into force of the Pacific Agreement on Closer Economic Relations Plus for additional Pacific island nations. This notice was issued by Jason Wood, Assistant Minister for Customs, Community Safety and Multicultural Affairs, and highlights that the Agreement entered into force for the Cook Islands, Kiribati, New Zealand, Niue, Samoa, Solomon Islands, and Tonga on 13 December 2020, and for Tuvalu on 3 April 2022. The primary objective of this legislation is to facilitate the implementation of the Agreement, which aims to enhance economic cooperation and trade among the participating countries, thereby promoting closer economic relations in the Pacific region.

Scope and Application

The Customs (Pacific Agreement on Closer Economic Relations Plus—Entry into Force for Other Parties) Notice 2022I, issued under subsection 153ZKL(6) of the Customs Act 1901, pertains to the enforcement and application of the Pacific Agreement on Closer Economic Relations Plus (PACER Plus) in Australia. This legislation applies to the seven Pacific island nations and Australia, which are parties to PACER Plus, and specifically relates to the commencement of this agreement for Cook Islands, Kiribati, New Zealand, Niue, Samoa, Solomon Islands, Tonga, and Tuvalu. The Notice, dated 15 March 2022, specifies that PACER Plus entered into force for the aforementioned nations on specified dates, with Tuvalu's entry into force occurring on 3 April 2022. The application of this Notice extends to the customs and trade-related practices within the territories of these nations, impacting the conduct and transactions that fall under the purview of PACER Plus. The Notice does not detail specific exclusions, exemptions, or thresholds but is likely to be implemented through subordinate instruments that may further define the scope and application of the agreement in practice.

Key Provisions

The Customs (Pacific Agreement on Closer Economic Relations Plus—Entry into Force for Other Parties) Notice 2022I, published under the authority of Jason Wood, Assistant Minister for Customs, Community Safety and Multicultural Affairs, details the entry into force of the Pacific Agreement on Closer Economic Relations Plus (PACER Plus) for various Pacific Island countries (section 1(a) and (b)). Specifically, the Notice announces that the agreement entered into force for Cook Islands, Kiribati, New Zealand, Niue, Samoa, Solomon Islands, and Tonga on 13 December 2020 and will enter into force for Tuvalu on 3 April 2022. This Notice, made under subsection 153ZKL(6) of the Customs Act 1901, confirms the timing for the implementation of PACER Plus across the specified countries. This legislation imposes certain obligations on the parties involved. For instance, it mandates that the participating countries adhere to the terms and conditions outlined in the PACER Plus agreement, which likely includes trade liberalisation, economic cooperation, and other related provisions. The Notice ensures that the commencement dates are officially recognised, thereby formalising the legal status of these countries under the agreement. The Notice also serves to inform relevant stakeholders, including government agencies and the public, of these changes, ensuring that all parties are aware of the agreement's effective dates and the commitments they entail. Breaching the obligations set out in the PACER Plus agreement, or failing to comply with the Notice, could lead to various consequences. While the Notice itself does not specify penalties, the broader implications of non-compliance could involve trade sanctions, disputes, or other legal ramifications under the overarching Customs Act 1901. For instance, if a party fails to implement the agreed measures by the specified dates, it might face litigation or be subject to enforcement actions by other parties to the agreement. The maximum penalties for breaches would depend on the specific nature of the contravention and the applicable provisions of the Customs Act 1901, which can include fines and other administrative or judicial sanctions. The Notice, however, is primarily informational, aiming to ensure transparency and clarity regarding the entry into force of the PACER Plus agreement.