Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Division:
"Agreement" means the Australia - Chile Free Trade Agreement, done at Canberra on 30 July 2008, as amended from time to time.
Note: In 2008, the text of the Agreement was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"Australian originating goods" means goods that are Australian originating goods under a law of Chile that implements the Agreement.
"Certificate of Origin" means a certificate that is in force and that complies with the requirements of Article 4.16 of the Agreement.
"Chilean originating goods" means goods that, under this Division, are Chilean originating goods.
"composite goods" has the same meaning as it has in the Agreement.
"Convention" means the International Convention on the Harmonized Commodity Description and Coding System done at Brussels on 14 June 1983 [1988] ATS 30, as in force from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1988 No. 30. In 2008, 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).
"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:
(a) the Harmonized Commodity Description and Coding System as in force on 6 March 2009; or
(b) if the table in Annex 4 - C 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:
(a) goods or energy used in the production, testing or inspection of goods, but not physically incorporated in the goods; or
(b) goods or energy used in the maintenance of buildings or the operation of equipment associated with the production of goods;
including:
(c) fuel (within its ordinary meaning); and
(d) tools, dies and moulds; and
(e) spare parts and materials; and
(f) lubricants, greases, compounding materials and other similar goods; and
(g) gloves, glasses, footwear, clothing, safety equipment and supplies; and
(h) 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.
"originating materials" means:
(a) Chilean originating goods that are used in the production of other goods; or
(b) Australian originating goods that are used in the production of other goods; or
(c) indirect materials.
"person of Chile" means person of a Party within the meaning, insofar as it relates to Chile, of Article 2.1 of the Agreement.
"produce" means grow, farm, raise, breed, mine, harvest, fish, trap, hunt, capture, gather, collect, extract, manufacture, process or assemble.
"territorial sea" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"territory of Australia" means territory within the meaning, insofar as it relates to Australia, of Article 2.1 of the Agreement.
"territory of Chile" means territory within the meaning, insofar as it relates to Chile, of Article 2.1 of the Agreement.
Value of goods
(3) 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
(4) In specifying tariff classifications for the purposes of this Division, the regulations may refer to the Harmonized System.
(5) Subsection 4(3A) does not apply for the purposes of this Division.