Interpretation
153ZQB Interpretation
Definitions
In this Division:
Agreement means the Regional Comprehensive Economic Partnership Agreement, done on 15 November 2020, as amended and in force for Australia from time to time.
The Agreement could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
aquaculture has the meaning given by Article 3.1 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 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
customs authority has the meaning given by Article 4.1 of Chapter 4 of the Agreement.
customs value of goods has the meaning given by section 159.
factory ship of a Party has the same meaning as it has in Chapter 3 of the Agreement.
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 either of the following events occurs:
Annex 3A 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 3 of Article 3.34 of Chapter 3 of the Agreement) of Annex 3A 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 version of the Harmonized Commodity Description and Coding System covered by whichever of those events occurred most recently.
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
indirect materials.
Party has the meaning given by Article 1.2 of Chapter 1 of the Agreement.
See also subsection (6).
person of a Party has the same meaning as it has in Chapter 3 of the Agreement.
production has the meaning given by Article 3.1 of Chapter 3 of the Agreement.
Product‑Specific Rules means the following:
Annex 3A to Chapter 3 of the Agreement, unless paragraph (b) applies;
if:
there is a transposition (as mentioned in paragraph 3 of Article 3.34 of Chapter 3 of the Agreement) of Annex 3A 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;
that Annex as so transposed.
Proof of Origin means a document that is in force and that complies with the requirements of Article 3.16 of Chapter 3 of the Agreement.
RCEP originating goods means goods that, under this Division, are RCEP originating goods.
territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973.
vessels of a Party has the same meaning as it has in Chapter 3 of 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).
This provision refers to the regulations (the regulations
, The regulations may prescribe
). Made under this Act:
- Customs (Australia–US Free Trade Agreement) Regulations 2004 · under s 270
- Customs (Prohibited Exports) Regulations 1958 · under s 112
- Customs (Thailand-Australia Free Trade Agreement) Regulations 2004 · under s 270
136 more instruments made under this Act are listed on the Act’s overview.
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