Notice of Entry into Force of the Pacific Agreement on Closer Economic Relations Plus

Overview

The Customs Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Act 2018 was enacted by the Parliament of Australia to facilitate the implementation of the Pacific Agreement on Closer Economic Relations Plus (PACER Plus). This legislative instrument aims to address the need for streamlined and enhanced economic relations between Australia and its Pacific neighbours by updating and expanding upon the original PACER agreement. The policy objective behind the Act is to foster economic growth and stability in the region through improved trade and investment arrangements. The notifiable instrument indicates that PACER Plus, which was agreed upon in Nuku'alofa, Tonga, on 14 June 2017, officially entered into force for Australia on 13 December 2020. This formal announcement was made by Jason Wood, who at the time was the Assistant Minister for Customs, Community Safety and Multicultural Affairs and the Parliamentary Secretary to the Minister for Home Affairs.

Scope and Application

The Customs Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Act 2018 applies to the Australian government and its agencies, including the Australian Border Force, in administering and enforcing the provisions of the PACER Plus agreement. The Act facilitates the implementation of the PACER Plus agreement in Australia by amending existing customs laws to align with the provisions of the agreement. It affects various entities and industries involved in international trade, including businesses engaged in importing and exporting goods, as well as individuals who may be subject to customs regulations. The Act extends to the entire Commonwealth of Australia and has a national reach. However, certain exclusions and exemptions may apply, such as those specified in the PACER Plus agreement or any subordinate instruments made under the Act. The Act may also be extended or restricted in application through subordinate instruments, such as regulations or rules, which may provide further details on the implementation of specific provisions of the agreement. Overall, the Act aims to streamline customs procedures and facilitate trade between Australia and the Pacific Island countries that are party to the PACER Plus agreement.

Key Provisions

The Customs Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Act 2018, as implemented, establishes the framework for the Pacific Agreement on Closer Economic Relations Plus (PACER Plus) to enter into force for Australia. Section 3 of the Act (3) provides the formal announcement of the entry into force date of PACER Plus for Australia, which is 13 December 2020, as declared by Jason Wood, the Assistant Minister for Customs, Community Safety and Multicultural Affairs, and Parliamentary Secretary to the Minister for Home Affairs. The notifiable instrument confirms the effective date of the agreement, marking the commencement of its legal application in Australia. The Act imposes obligations on the Australian government to facilitate the implementation of PACER Plus, ensuring that the provisions of the agreement are integrated into Australian customs and trade practices. This includes the alignment of customs procedures, tariff schedules, and trade regulations with the commitments made under PACER Plus. The government is tasked with ensuring that all relevant departments and agencies are adequately prepared to enforce and administer the new trade arrangements. Furthermore, the Act requires the publication of necessary guidelines and updates to existing legislation to reflect the changes brought about by PACER Plus. Failure to comply with the obligations and requirements outlined in the Act may result in various consequences. While the Act itself does not explicitly list specific offences or penalties, breaches of related trade and customs regulations could lead to civil or criminal liability under broader Australian trade and customs laws. These may include fines, penalties, or other legal actions as prescribed by the Customs Act 1901 and other relevant legislation. The maximum penalties for breaches of customs regulations can be substantial, reflecting the seriousness with which such violations are treated under Australian law.