Customs Amendment (New Zealand Rules of Origin) Act 2012
No. 1, 2012
An Act to amend the Customs Act 1901, and for related purposes
[Assented to 6 March 2012]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Customs Amendment (New Zealand Rules of Origin) Act 2012.
2 Commencement
(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.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 6 March 2012 |
| 2. Schedule 1 | The later of: (a) the day this Act receives the Royal Assent; and (b) the day on which the amendments of Article 3 of the Australia New Zealand Closer Economic Relations Trade Agreement, that were agreed to by Australia and New Zealand in 2010, enter into force. The Minister administering the Customs Act 1901 must announce by notice in the Gazette the day on which those amendments enter into force. | 30 April 2012 (see Gazette 2012, No. GN21) (paragraph (b) applies) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—New Zealand originating goods
Customs Act 1901
1 Section 153ZIA
Omit:
• Subdivision B provides that goods are New Zealand originating goods if they are wholly obtained in New Zealand or in New Zealand and Australia.
substitute:
• Subdivision B provides that goods are New Zealand originating goods if they are wholly obtained or produced in New Zealand or in New Zealand and Australia.
2 Section 153ZIA
After:
• Subdivision G sets out when goods are New Zealand originating goods because their last process of manufacture is performed in New Zealand. It is repealed on 1 January 2012.
insert:
• Subdivision GA provides that goods are not New Zealand originating goods under this Division merely because of certain operations.
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”.
9 After paragraph 153ZII(1)(a)
Insert:
(aa) that last process was not a restoration or renovation process such as repairing, reconditioning, overhauling or refurbishing; and
10 After Subdivision G of Division 1E of Part VIII
Insert:
Subdivision GA—Non‑qualifying operations
153ZIIA 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 purposes of transport or storage;
(b) disassembly of goods;
(c) affixing of marks, labels or other similar distinguishing signs on goods or their packaging;
(d) packaging, changes 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”.
14 Section 126AJA (definition of producer)
Omit “or disassembles”, substitute “, restores or renovates”.
15 Application
The amendments made by this Part apply in relation to goods exported to New Zealand on or after the commencement of this Part.
[Minister’s second reading speech made in—
House of Representatives on 16 June 2011
Senate on 7 July 2011]