Customs (Duties) (Amendment No. 4) Order 2009

Status:

Published in Subsidiary Legislation Supplement
on 30 Dec 2009

No. S 660

Customs Act

(Chapter 70)

Customs (Duties) (Amendment No. 4) Order 2009

In exercise of the powers conferred by section 10(1) of the Customs Act, the Minister for Finance hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Customs (Duties) (Amendment No. 4) Order 2009 and shall come into operation on 1st January 2010.

Amendment of paragraph 4

2. Paragraph 4 of the Customs (Duties) Order (O 4, 2009 Ed.) is amended —

(a)

by deleting the word “and” at the end of sub-paragraph (1)(q);

(b)

by deleting the full-stop at the end of sub-paragraph (r) of sub-paragraph (1) and substituting a semi-colon, and by inserting immediately thereafter the following sub-paragraphs:

“(s)	Australia or New Zealand, or any country of ASEAN which is a party to the Agreement between ASEAN, Australia and New Zealand on an ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) Agreement, provided that the country has ratified the Agreement; and
(t)	India or any country of ASEAN which is a party to the Agreement between ASEAN and India in the Framework Agreement on Comprehensive Economic Cooperation, provided that the country has ratified the Agreement.”;

(c)

by inserting, immediately after sub-paragraph (4O), the following sub-paragraphs:

“(4P) Goods shall be deemed to have originated and be consigned direct from Australia or New Zealand or any country of ASEAN referred to in sub-paragraph (1)(s) where they conform with the Rules of Origin set out in the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) Agreement.

(4Q) Goods shall be deemed to have originated and be consigned direct from India or any country of ASEAN referred to in sub-paragraph (1)(t) where they conform with the Rules of Origin set out in the Agreement between ASEAN and India in the Framework Agreement on Comprehensive Economic Cooperation.”;

(d)

by deleting the word “or” at the end of sub-paragraph (5)(p);

(e)

by deleting the full-stop at the end of sub-paragraph (q) of sub-paragraph (5) and substituting a semi-colon, and by inserting immediately thereafter the following sub-paragraphs:

“(r)

where the goods are from Australia or New Zealand or any country of ASEAN referred to in sub-paragraph (1)(s), a Certificate of Origin in the form set out in the Seventeenth Schedule issued by —

(i)	the government authority of the exporting country; or
(ii)	any body authorised by the government of the exporting country to issue the Certificate of Origin; or

(s)

where the goods are from India or any country of ASEAN referred to in sub-paragraph (1)(t), a Certificate of Origin in the form set out in the Eighteenth Schedule issued by a government authority designated by the exporting country.”; and

(f)

by inserting, immediately after sub-paragraph (7I), the following sub-paragraph:

“(7J) A Certification of Origin under sub-paragraph (5)(r) shall not be required for —

(a)	any goods originating from the exporting country the value of which does not exceed US$200 free on board (FOB); or
(b)	any goods sent by post from the territory of a country referred to in that sub-paragraph the value of which does not exceed US$200 FOB,

if, and only if, the importation of such goods does not form part of one or more importations that may reasonably be considered to have been undertaken or arranged for the purpose of avoiding the submission of a Certificate of Origin.”.

New Seventeenth and Eighteenth Schedules

3. The Customs (Duties) Order is amended by inserting, immediately after the Sixteenth Schedule, the following Schedules:

“THE SCHEDULE

Paragraph 4(5)(r)

Co Format for Asean-australia-new Zealand