Customs (Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area—Entry into Force for Australia) Notice 2025

Overview

The Customs (Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area—Entry into Force for Australia) Notice 2025 was enacted in 2025 to facilitate the entry into force of the Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area for Australia. This legislative instrument was issued under the authority of the Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) Act 2024, with the aim of ensuring that Australia can fully participate in the revised trade agreement with ASEAN and New Zealand. The Notice was signed by Julian Hill, the Assistant Minister for Citizenship, Customs and Multicultural Affairs, on 24 June 2025, declaring that the Second Protocol, which was done on 21 August 2023 in Semarang, Indonesia, came into effect for Australia on 21 April 2025. The policy objective is to streamline and enhance the trade relationship between Australia and its ASEAN and New Zealand partners by implementing the amendments agreed upon in the Second Protocol.

Scope and Application

The Customs (Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area—Entry into Force for Australia) Notice 2025 pertains to the implementation of the Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, which became effective for Australia on 21 April 2025. This Notice applies to all individuals and entities involved in the trade of goods between ASEAN member states, Australia, and New Zealand, encompassing any transactions, entities, and conduct related to customs duties, trade regulations, and other relevant provisions of the amended agreement. The geographic reach of this legislation is limited to Australia, and it applies to any imports and exports that fall under the purview of the amended free trade agreement. The Notice does not explicitly state any exclusions, exemptions, or thresholds, and it is anticipated that further details regarding application and compliance may be specified through subordinate instruments or administrative guidelines issued by the Department of Home Affairs or other relevant authorities.

Key Provisions

The main operative sections of the Customs (Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area—Entry into Force for Australia) Notice 2025 (sections 1 and 2) announce the entry into force of the Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, done on 21 August 2023, for Australia as of 21 April 2025. This notice formalises the amendments to the ASEAN-Australia-New Zealand Free Trade Area Agreement, which includes updates to tariff schedules, trade rules, and other economic provisions that were agreed upon by the ASEAN member countries, Australia, and New Zealand. This legislative instrument is crucial as it ensures that Australia is aligned with the updated terms of the trade agreement, facilitating smoother trade relations within the region. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily concerned with ensuring compliance with the updated trade agreement. The Act mandates that all relevant Australian authorities, including customs and trade departments, adjust their practices and policies to reflect the changes outlined in the Second Protocol. This includes updating tariff codes, modifying trade rules, and ensuring that any new provisions are integrated into the existing legal framework governing international trade. Additionally, businesses that engage in trade with ASEAN and New Zealand are expected to familiarise themselves with the new terms to ensure they remain compliant with the updated trade agreements. Failure to comply with the provisions of the Second Protocol and the implementing Notice could result in significant consequences. For individuals and entities, non-compliance may lead to fines, penalties, or other legal actions as stipulated by the relevant trade laws. Specifically, under Australian trade legislation, severe breaches may attract civil penalties, such as financial penalties up to a significant amount, depending on the severity and impact of the non-compliance. Criminal penalties could also be imposed in cases of deliberate or reckless breaches, which might include substantial fines and, in some instances, imprisonment. The exact penalties are determined by the courts and are influenced by the nature and extent of the breach.