Customs (International Obligations) Amendment (Comprehensive and Progressive Agreement for Trans‑Pacific Partnership Implementation) Regulations 2018
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 25 October 2018
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Linda Reynolds
Assistant Minister for Home Affairs
Parliamentary Secretary to the Minister for Home Affairs
1 Name
This instrument is the Customs (International Obligations) Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Regulations 2018.
2 Commencement
(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. | 27 October 2018 |
2. Schedule 1 | At the same time as Schedule 1 to the Customs Amendment (Comprehensive and Progressive Agreement for Trans‑Pacific Partnership Implementation) Act 2018 commences. | 30 December 2018 |
Note: This table relates only to the provisions of this instrument as originally made.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.
(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.
3 Authority
This instrument is made under the Customs Act 1901.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 Section 4
Insert:
Trans‑Pacific Partnership originating goods has the meaning given by subsection 153ZKU(1) of the Act.
2 Section 23 (before table item 9)
Insert:
8C | Trans‑Pacific Partnership originating goods | Duty has been paid on the goods. |
8D | Goods that would have been Trans‑Pacific Partnership originating goods if, at the time the goods were imported, the importer held: (a) a certification of origin (within the meaning of section 153ZKU of the Act) for the goods; or (b) a copy of a document mentioned in paragraph (a) | Both of the following apply: (a) duty has been paid on the goods; (b) the importer holds a certification of origin (within the meaning of section 153ZKU of the Act) for the goods, or a copy of one, at the time of making the application for the refund. |
3 Before paragraph 24(e)
Insert:
(db) the goods mentioned in item 8C or 8D of the table in section 23 are Trans‑Pacific Partnership originating goods; or
4 Subsection 31(2) (paragraph (a) of the definition of duty payable)
Before “9,”, insert “8C,”.
5 Subsection 31(2) (paragraph (b) of the definition of duty payable)
Before “10,”, insert “8D,”.
6 Subsection 31(2) (before paragraph (e) of the definition of relevant originating goods)
Insert:
(db) Trans‑Pacific Partnership originating goods;