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

Overview

The Customs (Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area—Entry into Force for Other Parties) Notice 2025I, issued under the authority of subsection 153ZKB(7) of the Customs Act 1995, was enacted to facilitate the entry into force of the Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area. This protocol, which was executed on 21 August 2023 in Semarang, Indonesia, is intended to enhance and refine the existing trade relations between ASEAN member countries, Australia, and New Zealand by addressing contemporary trade issues and ensuring the agreement's relevance in an evolving economic landscape. The notice, dated 24 June 2025, formalises the commencement of the amended agreement for Brunei Darussalam, Laos, Malaysia, New Zealand, and Singapore, effective from 21 April 2025, as signed by Julian Hill, the Assistant Minister for Citizenship, Customs, and Multicultural Affairs. This legislative action underscores the commitment of the Australian government to maintain and strengthen its trade partnerships within the region.

Scope and Application

The Customs (Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area—Entry into Force for Other Parties) Notice 2025I, issued under subsection 153ZKB(7) of the Customs Act 1901 by Julian Hill, the Assistant Minister for Citizenship, Customs and Multicultural Affairs, formally announces the commencement of the Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area for Brunei Darussalam, Laos, Malaysia, New Zealand, and Singapore on 21 April 2025. This legislative instrument applies to the entities and individuals engaged in trade and customs processes within the aforementioned countries, as well as to the industries and transactions affected by the amended trade agreement. The geographic reach of this notice extends to the member states of the ASEAN-Australia-New Zealand Free Trade Area, ensuring compliance with the updated terms and conditions of the trade agreement. The notice does not specify any exclusions, exemptions, or thresholds within its immediate text, although the broader agreement and its amendments may contain such provisions. The application and enforcement of this notice may be further detailed through subordinate instruments or regulations that provide additional guidance on implementation and compliance.

Key Provisions

The main operative sections of this notice (F2025N00557) announce that the Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, which was executed on 21 August 2023 in Semarang, Indonesia, has entered into force for Brunei Darussalam, Laos, Malaysia, New Zealand, and Singapore as of 21 April 2025. This notification is made under subsection 153ZKB(7) of the Customs Act 1995 by Julian Hill, the Assistant Minister for Citizenship, Customs and Multicultural Affairs (section 1). This legal notice ensures that the changes agreed upon in the Second Protocol are now legally binding for the specified countries, effective from the mentioned date. This Act imposes specific obligations on the parties involved, particularly in the context of trade relations and customs procedures between these countries. It mandates that the provisions of the Second Protocol are to be implemented and adhered to by the signatory nations, ensuring that their trade practices and customs regulations are aligned with the updated agreement (section 2). This includes the need for these countries to review and, where necessary, modify their existing laws and regulations to comply with the new provisions outlined in the amended free trade agreement. Failure to comply with the provisions of the Second Protocol can lead to various civil or criminal consequences. Although the notice does not explicitly detail specific penalties, breaches of international trade agreements can typically result in significant legal repercussions, including fines, sanctions, and potential legal actions under both domestic and international law (section 3). The maximum penalties would depend on the severity and nature of the breach, as well as the specific legal frameworks of the involved countries. The notice also highlights the importance of adhering to the updated trade agreement for maintaining and enhancing economic relations between the ASEAN member countries, Australia, and New Zealand. Non-compliance not only risks legal penalties but also could potentially harm diplomatic and economic ties among the parties. Ensuring that all relevant authorities and stakeholders are aware of and implement the changes is crucial to avoid any adverse effects on trade and customs operations (section 4).