Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 153ZKM

  (1)   Goods are Pacific Islands originating goods if:

  (a)   they are wholly obtained or produced in a Party; and

  (b)   either:

  (i)   the importer of the goods has, at the time the goods are imported, a Declaration of Origin, or a copy of one, for the goods; or

  (ii)   Australia has waived the requirement for a Declaration of Origin for the goods.

  (2)   Goods are wholly obtained or produced in a Party if, and only if, the goods are:

  (a)   plants, or goods obtained from plants, that are grown, harvested, picked or gathered in a Party (including fruit, flowers, vegetables, trees, seaweed, fungi and live plants); or

  (b)   live animals born and raised in one or more of the Parties; or

  (c)   goods obtained from live animals in a Party; or

  (d)   goods obtained from hunting, trapping, fishing, farming, aquaculture, gathering or capturing in a Party; or

  (e)   minerals, or other naturally occurring substances, extracted or taken from the soil, waters, seabed or beneath the seabed in a Party; or

  (f)   goods of sea - fishing, or other marine goods, taken from the high seas, in accordance with international law, by any vessel that is registered or recorded with a Party and is entitled to fly the flag of that Party; or

  (g)   goods produced, from goods referred to in paragraph   (f), on board a factory ship that is registered or recorded with a Party and is entitled to fly the flag of that Party; or

  (h)   goods taken by a Party, or a person of a Party, from the seabed, or beneath the seabed, beyond the outer limits of:

  (i)   the exclusive economic zone of that Party; and

  (ii)   the continental shelf of that Party; and

  (iii)   an area over which a third party exercises jurisdiction;

    and taken under exploitation rights granted in accordance with international law; or

  (i)   either of the following:

  (i)   waste and scrap that has been derived from production or consumption in a Party and that is fit only for the recovery of raw materials;

  (ii)   used goods that are collected in a Party and that are fit only for the recovery of raw materials; or

  (j)   goods produced or obtained in a Party solely from goods referred to in paragraphs   (a) to (i) or from their derivatives.