Customs Act 1901

In this Division:

In 2009, the text of the Agreement was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

The text of the Convention is set out in Australian Treaty Series 1988 No. 30 ([1988] ATS 30). In 2009, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

the Harmonized Commodity Description and Coding System as in force immediately before 1 January 2017; or

if either of the following events occurs:

Annex 3B to Chapter 3 of the Agreement is amended or replaced to refer to Chapters, headings and subheadings of an updated version of the Harmonized Commodity Description and Coding System;

there is a transposition (as mentioned in paragraph 4 of Article 19 of Chapter 3 of the Agreement) of Annex 3B to Chapter 3 of the Agreement because of an updated version of the Harmonized Commodity Description and Coding System and the transposition is adopted as mentioned in that paragraph;

the territorial sea of a Party; and

the exclusive economic zone of a Party over which the Party exercises sovereign rights or jurisdiction in accordance with international law; and

the continental shelf of a Party over which the Party exercises sovereign rights or jurisdiction in accordance with international law.

goods or energy used in the production, testing or inspection of goods, but not physically incorporated in the goods; or

goods or energy used in the maintenance of buildings or the operation of equipment associated with the production of goods;

fuel (within its ordinary meaning); and

tools, dies and moulds; and

spare parts and materials; and

lubricants, greases, compounding materials and other similar goods; and

gloves, glasses, footwear, clothing, safety equipment and supplies; and

catalysts and solvents.

AANZ originating goods that are used or consumed in the production of other goods; or

indirect materials.

See also subsection (7).

Annex 3B to Chapter 3 of the Agreement, unless paragraph (b) applies;

if:

there is a transposition (as mentioned in paragraph 4 of Article 19 of Chapter 3 of the Agreement) of Annex 3B to Chapter 3 of the Agreement because of an updated version of the Harmonized Commodity Description and Coding System and the transposition is adopted as mentioned in that paragraph; and

that Annex has not been amended or replaced as a result of that transposition; and

that Annex has not been amended or replaced as a result of a further updated version of the Harmonized Commodity Description and Coding System;

The value of goods for the purposes of this Division is to be worked out in accordance with the regulations. The regulations may prescribe different valuation rules for different kinds of goods.

In specifying tariff classifications for the purposes of this Division, the regulations may refer to the Harmonized System.

Subsection 4(3A) does not apply for the purposes of this Division.

For the purposes of this Division, the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time.

The Minister must announce, by notifiable instrument, the day on which the Agreement, or an amendment of the Agreement, enters into force for a Party (other than Australia).