Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Division:
"Agreement" means the Free Trade Agreement between Australia and Hong Kong, China, done at Sydney on 26 March 2019, as amended from time to time.
Note: The Agreement could in 2019 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.
"Area of Australia" means Area within the meaning, so far as it relates to Australia, of Article 1.3 of Chapter 1 of the Agreement.
"Area of Hong Kong, China" means Area within the meaning, so far as it relates to Hong Kong, China, of Article 1.3 of Chapter 1 of the Agreement, as affected by the following letters related to the geographical application of the Agreement for Hong Kong, China:
(a) a letter to the Minister for Trade, Tourism, and Investment from the Secretary for Commerce and Economic Development, Hong Kong Special Administrative Region, The People's Republic of China dated 26 March 2019;
(b) a letter to that Secretary from that Minister dated 26 March 2019.
Note: The letters could in 2019 be viewed on the website of the Department of Foreign Affairs and Trade.
"Australian originating goods" means goods that are Australian originating goods under a law of Hong Kong, China that implements 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.
Note: The Convention is in Australian Treaty Series 1988 No. 30 ([1988] ATS 30) and could in 2019 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.
"Declaration of Origin" means a declaration that is in force and that complies with the requirements of Article 3.16 of Chapter 3 of the Agreement.
"enterprise" has the meaning given by Article 1.3 of Chapter 1 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:
(a) the Harmonized Commodity Description and Coding System as in force on 1 January 2017; or
(b) if the table in Annex 3 - B 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.
"Hong Kong originating goods" means goods that, under this Division, are Hong Kong originating goods.
"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 or operation of equipment or buildings associated with the production of goods;
including:
(c) fuel (within its ordinary meaning); and
(d) catalysts and solvents; and
(e) gloves, glasses, footwear, clothing, safety equipment and supplies; and
(f) tools, dies and moulds; and
(g) spare parts and materials; and
(h) lubricants, greases, compounding materials and other similar goods.
"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:
(a) Hong Kong 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 Hong Kong, China" means:
(a) a natural person of a Party within the meaning, so far as it relates to Hong Kong, China, of Article 1.3 of Chapter 1 of the Agreement; or
(b) an enterprise of Hong Kong, China.
"production" has the meaning given by Article 3.1 of Chapter 3 of the Agreement.
"sea-fishing" has the same meaning as it has in Chapter 3 of the Agreement.
Value of goods
(2) 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
(3) In prescribing tariff classifications for the purposes of this Division, the regulations may refer to the Harmonized System.
(4) Subsection 4(3A) does not apply for the purposes of this Division.
Incorporation of other instruments
(5) 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.