Commonwealth Consolidated Acts

CUSTOMS AMENDMENT (NEW ZEALAND RULES OF ORIGIN) ACT 2012 - SCHEDULE 1

Part   1 -- New Zealand originating goods

Customs Act 1901

1   Section   153ZIA

Omit:

s ubstitute:

2   Section   153ZIA

After:

i nsert:

3   Subsection 153ZIB(1)

Insert:

"aquaculture" has the meaning given by Article 3 of the Agreement .

4   Subsection 153ZIB(1) (definition of manufacture )

Repeal the definition, substitute:

"manufacture" means the creation of an article essentially different from the matters or substances that go into that creation.

5   Subsection 153ZIB(1) (definition of produce )

Omit "or disassemble", substitute ", restore or renovate".

6   Subdivision B of Division   1E of Part   VIII (heading)

Repeal the heading, substitute:

Subdivision B -- Goods wholly obtained or produced in New Zealand or New Zealand and Australia

7   Subsection 153ZIC(1)

After "obtained", insert "or produced".

Note:   The heading to section   153ZIC is altered by inserting " or produced " after " obtained ".

8   Subsection 153ZIC(2)

After " obtained ", insert " or produced ".

10   After Subdivision F of Division   1E of Part   VIII

Insert:

Subdivision G -- Non - qualifying operations

153ZIJ   Non - qualifying operations

  (1)   Goods are not New Zealand originating goods under this Division merely because of the following operations:

  (a)   operations to preserve goods in good condition for the purpose s of transport or storage;

  (b)   disassembly of goods;

  (c)   affixing of marks, labe ls or other similar distinguishing signs on goods or their packaging;

  (d)   packaging, chang es to packaging , the breaking up or assembly of packages or presenting goods for transport or sale ;

  (e)   quality control inspections ;

  (f)   any combination of operations referred to in paragraphs   ( a) to (e).

  (2)   This section applies despite any other provision of this Division.

11   Application

The amendments made by this Part apply in relation to:

  (a)   goods imported into Australia on or after the commencement of this Part ; and

  (b)   goods imported into Australia before the commencement of this Part , where the time for working out the rate of import duty on the goods had not occurred before the commencement of this Part .

Part   2 -- Verification powers

Customs Act 1901

12   Section   126AJA (definition of manufacture )

Repeal the definition, substitute:

"manufacture" means the creation of an article essentially different from the matters or substances that go into that creation.

13   Section   126AJA (at the end of the definition of principal manufacturer )

Add ", where that last process was not a restoration or renovation process such as repairing, reconditioning, overhauling or refurbishing".

1 4   Section   126AJA (definition of producer )

Omit "or disassembles", substitute ", restores or renovates".

1 5   Application

The amendments made by this Part apply in relation to goods exported to New Zealand on or after the commencement of this Part.

Notes to the Customs Amendment (New Zealand Rules of Origin) Act 2012

Note 1

The Customs Amendment (New Zealand Rules of Origin) Act 2012 as shown in this compilation comprises Act No.   1, 2012 amended as indicated in the Tables below.

Table of Acts

(a)   Subsection 2(1) (item   4 ) of the Customs Amendment (Malaysia - Australia Free Trade Agreement Implementation and Other Measures) Act 2012 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Table of Amendments