Interpretation
153ZKU Interpretation
Definitions
In this Division:
Agreement means the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership, done at Santiago, Chile on 8 March 2018, as amended and in force for Australia from time to time.
The Agreement could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Under Article 1 of the Comprehensive and Progressive Agreement for Trans‑Pacific Partnership (the Santiago Agreement), most of the provisions of the Trans‑Pacific Partnership Agreement (the Auckland Agreement), done at Auckland on 4 February 2016, are incorporated, by reference, into and made part of the Santiago Agreement. This means, for example, that Chapters 1 and 3 of the Auckland Agreement are, because of that Article, Chapters 1 and 3 of the Santiago Agreement.
aquaculture has the meaning given by Article 3.1 of Chapter 3 of the Agreement.
certification of origin means a certification that is in force and that complies with the requirements of Article 3.20 of Chapter 3 of the Agreement.
Convention means the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14 June 1983, as in force from time to time.
The Convention is in Australian Treaty Series 1988 No. 30 ([1988] ATS 30) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
customs value of goods has the meaning given by section 159.
Harmonized Commodity Description and Coding System means the Harmonized Commodity Description and Coding System that is established by or under the Convention.
Harmonized System means:
the Harmonized Commodity Description and Coding System as in force immediately before 1 January 2017; or
if the table in Annex 3‑D to Chapter 3, or in Annex 4‑A to Chapter 4, of the Agreement is amended or replaced to refer to Chapters, headings and subheadings of a later version of the Harmonized Commodity Description and Coding System—the later version of the Harmonized Commodity Description and Coding System.
indirect materials means:
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;
including:
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.
Interpretation Rules means the General Rules (as in force from time to time) for the Interpretation of the Harmonized System provided for by the Convention.
non‑originating materials means goods that are not originating materials.
non‑Party has the same meaning as it has in Chapter 3 of the Agreement.
originating materials means:
goods that are originating goods, in accordance with Chapter 3 of the Agreement, and that are used in the production of other goods; or
recovered goods derived in the territory of one or more of the Parties and used in the production of, and incorporated into, remanufactured goods; or
indirect materials.
Party has the meaning given by Article 1.3 of Chapter 1 of the Agreement.
See also subsection (6).
person of a Party has the meaning given by Article 1.3 of Chapter 1 of the Agreement.
production has the meaning given by Article 3.1 of Chapter 3 of the Agreement.
recovered goods means goods in the form of one or more individual parts that:
have resulted from the disassembly of used goods; and
have been cleaned, inspected, tested or processed as necessary for improvement to sound working condition.
remanufactured goods means goods that:
are classified to any of Chapters 84 to 90 (other than heading 84.18, 85.09, 85.10, 85.16 or 87.03 or subheading 8414.51, 8450.11, 8450.12, 8508.11 or 8517.11), or to heading 94.02, of the Harmonized System; and
are entirely or partially composed of recovered goods; and
have a similar life expectancy to, and perform the same as or similar to, new goods:
that are so classified; and
that are not composed of any recovered goods; and
have a factory warranty similar to that applicable to such new goods.
territory, for a Party, has the meaning given by Article 1.3 of Chapter 1 of the Agreement.
textile or apparel good has the meaning given by Article 1.3 of Chapter 1 of the Agreement.
Trans‑Pacific Partnership originating goods means goods that, under this Division, are Trans‑Pacific Partnership originating goods.
wholly formed, in relation to elastomeric yarn, has the same meaning as it has in the Agreement.
Value of goods
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.
Tariff classifications
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.
Incorporation of other instruments
Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this Division may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Notification of entry into force of Agreement for a Party
The Minister must announce, by notifiable instrument, the day on which the Agreement enters into force for a Party (other than Australia).
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