Commonwealth Consolidated Acts

CUSTOMS ACT 1901 - SECT 153ZQC

  (1)   Goods are RCEP 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 Proof of Origin, or a copy of one, for the goods; or

  (ii)   Australia has waived the requirement for a Proof 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 and harvested, picked or gathered in that Party (including fruit, flowers, vegetables, trees, seaweed, fungi and live plants); or

  (b)   live animals born and raised in that Party; or

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

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

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

  (f)   goods of sea - fishing or other marine life taken by vessels of that Party, or other goods taken by that Party or a person of that Party, from the waters, seabed or subsoil beneath the seabed outside the territorial sea of the Parties and non - Parties provided that:

  (i)   for goods of sea - fishing or other marine life taken by vessels of that Party (the relevant Party ) from the exclusive economic zone of any Party or non - Party--the relevant Party has the rights to exploit that exclusive economic zone in accordance with international law; or

  (ii)   for other goods taken by that Party or a person of that Party--that Party or person has the rights to exploit the waters, seabed or subsoil beneath the seabed in accordance with international law; or

  (g)   goods of sea - fishing or other marine life taken by vessels of that Party from the high seas in accordance with international law; or

  (h)   goods processed or made on board a factory ship of that Party, exclusively from goods covered by paragraph   (f) or (g); or

  (i)   either of the following:

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

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

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