(a) a requirement that applies in relation to the goods is that all non‑originating materials used in the production of the goods must have undergone a particular change in tariff classification; and
(b) the goods are a textile or apparel good; and
(c) the goods are classified to Chapter 61, 62 or 63 of the Harmonized System; and
(d) if the component of the goods, that determines the tariff classification of the goods, contains elastomeric yarn—the yarn is wholly formed in the territory of one or more of the Parties; and
(e) the component of the goods, that determines the tariff classification of the goods, contains fibres or yarns that are non‑originating materials and that do not satisfy the change in tariff classification;
then the requirement is taken to be satisfied if the total weight of the fibres or yarns covered by paragraph (e) does not exceed 10% of the total weight of that component.
Regional value content
(8) If a requirement that applies in relation to the goods is that the goods must have a regional value content of not less than a particular percentage worked out in a particular way:
(a) the regional value content of the goods is to be worked out in accordance with the Agreement; or
(b) if the regulations prescribe how to work out the regional value content of the goods—the regional value content of the goods is to be worked out in accordance with the regulations.
(9) Without limiting paragraph (8)(b), Appendix 1 to Annex 3‑D to Chapter 3 of the Agreement has effect in working out if materials used in the production of goods are originating materials or non‑originating materials.
(10) If:
(a) a requirement that applies in relation to the goods is that the goods must have a regional value content of not less than a particular percentage worked out in a particular way; and
(b) the goods are imported into Australia with accessories, spare parts, tools or instructional or other information materials; and
(c) the accessories, spare parts, tools or instructional or other information materials are classified with, delivered with and not invoiced separately from the goods; and
(d) the types, quantities and value of the accessories, spare parts, tools or instructional or other information materials are customary for the goods;
the regulations must provide for the value of the accessories, spare parts, tools or instructional or other information materials to be taken into account for the purposes of working out the regional value content of the goods (whether the accessories, spare parts, tools or instructional or other information materials are originating materials or non‑originating materials).
Note: The value of the accessories, spare parts, tools or instructional or other information materials is to be worked out in accordance with the regulations: see subsection 153ZKU(2).
(11) For the purposes of subsection (10), disregard section 153ZKZ in working out whether the accessories, spare parts, tools or instructional or other information materials are originating materials or non‑originating materials.
Goods put up in a set for retail sale
(12) If:
(a) goods are put up in a set for retail sale; and
(b) the goods are classified in accordance with Rule 3(c) of the Interpretation Rules;
the goods are Trans‑Pacific Partnership originating goods under this section only if:
(c) all of the goods in the set, when considered separately, are Trans‑Pacific Partnership originating goods; or
(d) the total customs value of the goods (if any) in the set that are not Trans‑Pacific Partnership originating goods does not exceed 10% of the customs value of the set of goods.
Example: A mirror, brush and comb are put up in a set for retail sale. The mirror, brush and comb have been classified under Rule 3(c) of the Interpretation Rules according to the tariff classification applicable to combs.
The effect of paragraph (c) of this subsection is that the origin of the mirror and brush must now be determined according to the tariff classifications applicable to mirrors and brushes.
153ZKY Packaging materials and containers
(1) If:
(a) goods are packaged for retail sale in packaging material or a container; and
(b) the packaging material or container is classified with the goods in accordance with Rule 5 of the Interpretation Rules;
then the packaging material or container is to be disregarded for the purposes of this Subdivision.
Regional value content
(2) However, if a requirement that applies in relation to the goods is that the goods must have a regional value content of not less than a particular percentage worked out in a particular way, the regulations must provide for the value of the packaging material or container to be taken into account for the purposes of working out the regional value content of the goods (whether the packaging material or container is an originating material or non‑originating material).
Note: The value of the packaging material or container is to be worked out in accordance with the regulations: see subsection 153ZKU(2).
Subdivision E—Goods that are accessories, spare parts, tools or instructional or other information materials
153ZKZ Goods that are accessories, spare parts, tools or instructional or other information materials
Goods are Trans‑Pacific Partnership originating goods if:
(a) they are accessories, spare parts, tools or instructional or other information materials in relation to other goods; and
(b) the other goods are imported into Australia with the accessories, spare parts, tools or instructional or other information materials; and
(c) the other goods are Trans‑Pacific Partnership originating goods; and
(d) the accessories, spare parts, tools or instructional or other information materials are classified with, delivered with and not invoiced separately from the other goods; and
(e) the types, quantities and value of the accessories, spare parts, tools or instructional or other information materials are customary for the other goods.
Subdivision F—Consignment
153ZKZA Consignment
(1) Goods are not Trans‑Pacific Partnership originating goods under this Division if the goods are transported through the territory of one or more non‑Parties and either or both of the following apply:
(a) the goods undergo any operation in the territory of a non‑Party (other than unloading, reloading, separation from a bulk shipment, storing, labelling or marking for the purpose of satisfying the requirements of Australia or any other operation that is necessary to preserve the goods in good condition or to transport the goods to the territory of Australia);
(b) while the goods are in the territory of a non‑Party, the goods do not remain under the control of the customs administration of the non‑Party at all times.
(2) This section applies despite any other provision of this Division.
Subdivision G—Regulations
153ZKZB Regulations
The regulations may make provision for and in relation to determining whether goods are Trans‑Pacific Partnership originating goods under this Division.
Division 1H—Malaysian originating goods
Subdivision A—Preliminary
153ZLA Simplified outline
The following is a simplified outline of this Division:
• This Division defines Malaysian originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to Malaysian originating goods that are imported into Australia.
• Subdivision B provides that goods are Malaysian originating goods if they are wholly obtained or produced in Malaysia or in Malaysia and Australia.
• Subdivision C provides that goods are Malaysian originating goods if they are produced entirely in Malaysia, or in Malaysia and Australia, from originating materials only.
• Subdivision D sets out when goods are Malaysian originating goods because they are produced entirely in Malaysia, or in Malaysia and Australia, from non‑originating materials only or from non‑originating materials and originating materials.
• Subdivision E sets out when goods are Malaysian originating goods because they are accessories, spare parts, tools or instructional or other information materials imported with other goods.
• Subdivision F deals with how the consignment of goods affects whether the goods are Malaysian originating goods.
• Subdivision G allows regulations to make provision for and in relation to determining whether goods are Malaysian originating goods.
153ZLB Interpretation
Definitions
(1) In this Division:
Agreement means the Malaysia‑Australia Free Trade Agreement, done at Kuala Lumpur on 22 May 2012, as amended from time to time.
Note: In 2012, the text of the Agreement was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
aquaculture has the meaning given by Article 3.1 of the Agreement.
Australian originating goods means goods that are Australian originating goods under a law of Malaysia that implements the Agreement.
Certificate of Origin means a certificate that is in force and that complies with the requirements of Articles 3.15 and 3.16, and Rule 7 of the Annex to Chapter 3, of 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 text of the Convention is set out in Australian Treaty Series 1988 No. 30 ([1988] ATS 30). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (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 3.15, and Rule 7 of the Annex to Chapter 3, 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 2013; or
(b) if either of the following events occurs:
(i) Annex 2 of the Agreement is amended or replaced to refer to Chapters, headings and subheadings of an updated version of the Harmonized Commodity Description and Coding System;
(ii) there is a revision (as mentioned in paragraph 2 of Article 3.24 of Chapter 3 of the Agreement) to Annex 2 of the Agreement because of an updated version of the Harmonized Commodity Description and Coding System and the revision is endorsed and comes into effect as mentioned in that paragraph;
the version of the Harmonized Commodity Description and Coding System covered by whichever of those events occurred most recently.
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 of buildings or the operation of equipment associated with the production of goods;
including:
(c) fuel (within its ordinary meaning); and
(d) tools, dies and moulds; and
(e) spare parts and materials; and
(f) lubricants, greases, compounding materials and other similar goods; and
(g) gloves, glasses, footwear, clothing, safety equipment and supplies; and
(h) catalysts and solvents.
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.
juridical person has the meaning given by Article 1.2 of the Agreement.
Malaysian originating goods means goods that, under this Division, are Malaysian originating goods.
non‑originating materials means goods that are not originating materials.
originating materials means:
(a) Malaysian 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 Malaysia means:
(a) a natural person of a Party within the meaning, so far as it relates to Malaysia, of Article 1.2 of the Agreement; or
(b) a juridical person of Malaysia.
planted has the meaning given by Article 3.1 of the Agreement.
produce means grow, plant, mine, harvest, farm, raise, breed, extract, gather, collect, capture, fish, trap, hunt, manufacture, process or assemble.
Product‑Specific Rules means the following:
(a) Annex 2 of the Agreement, unless paragraph (b) applies;
(b) if:
(i) there is a revision (as mentioned in paragraph 2 of Article 3.24 of Chapter 3 of the Agreement) to Annex 2 of the Agreement because of an updated version of the Harmonized Commodity Description and Coding System and the revision is endorsed and comes into effect as mentioned in that paragraph; and
(ii) that Annex has not been amended or replaced as a result of that revision; and
(iii) that Annex has not been amended or replaced as a result of a further updated version of the Harmonized Commodity Description and Coding System;
that Annex as so revised.
territory of Australia means territory within the meaning, so far as it relates to Australia, of Article 1.2 of the Agreement.
territory of Malaysia means territory within the meaning, so far as it relates to Malaysia, of Article 1.2 of the Agreement.
Value of goods
(3) 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
(4) In prescribing tariff classifications for the purposes of this Division, the regulations may refer to the Harmonized System.
(5) Subsection 4(3A) does not apply for the purposes of this Division.
Incorporation of other instruments
(6) 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.
Subdivision B—Goods wholly obtained or produced in Malaysia or in Malaysia and Australia
153ZLC Goods wholly obtained or produced in Malaysia or in Malaysia and Australia
(1) Goods are Malaysian originating goods if:
(a) they are wholly obtained or produced in Malaysia or in Malaysia and Australia; and
(b) either:
(i) the importer of the goods has, at the time the goods are imported, a Declaration of Origin or a Certificate of Origin, or a copy of one, for the goods; or
(ii) Australia has waived the requirement for a Declaration of Origin or a Certificate of Origin for the goods.
(2) Goods are wholly obtained or produced in Malaysia or in Malaysia and Australia if, and only if, the goods are:
(a) minerals, or other naturally occurring substances, extracted or taken in the territory of Malaysia; or
(b) plants formed, naturally grown or planted in the territory of Malaysia or in the territory of Malaysia and the territory of Australia, or products obtained in the territory of Malaysia from such plants; or
(c) live animals born and raised in the territory of Malaysia, or in the territory of Malaysia and the territory of Australia; or
(d) goods obtained from live animals in the territory of Malaysia; or
(e) goods obtained directly from hunting, trapping, fishing, gathering, capturing or aquaculture conducted in the territory of Malaysia; or
(f) fish, shellfish or plant or other marine life taken from the high seas by ships that are registered in Malaysia and are flying the flag of Malaysia; or
(g) goods obtained or produced from goods referred to in paragraph (f) on board factory ships that are registered in Malaysia and are flying the flag of Malaysia; or
(h) goods taken by Malaysia, or a person of Malaysia, from the seabed, or beneath the seabed, outside:
(i) the exclusive economic zone of Malaysia; and
(ii) the continental shelf of Malaysia; and
(iii) an area over which a third party exercises jurisdiction;
and taken under exploitation rights granted in accordance with international law; or
(i) waste and scrap that has been derived from production or consumption in the territory of Malaysia and that is fit only for the recovery of raw materials; or
(j) used goods that are collected in the territory of Malaysia and that are fit only for the recovery of raw materials; or
(k) goods produced or obtained entirely in the territory of Malaysia, or in the territory of Malaysia and the territory of Australia, exclusively from goods referred to in paragraphs (a) to (j) or from their derivatives.
Subdivision C—Goods produced in Malaysia, or in Malaysia and Australia, from originating materials
153ZLD Goods produced in Malaysia, or in Malaysia and Australia, from originating materials
Goods are Malaysian originating goods if:
(a) they are produced entirely in the territory of Malaysia, or entirely in the territory of Malaysia and the territory of Australia, from originating materials only; and
(b) either:
(i) the importer of the goods has, at the time the goods are imported, a Declaration of Origin or a Certificate of Origin, or a copy of one, for the goods; or
(ii) Australia has waived the requirement for a Declaration of Origin or a Certificate of Origin for the goods.
Subdivision D—Goods produced in Malaysia, or in Malaysia and Australia, from non‑originating materials
153ZLE Goods produced in Malaysia, or in Malaysia and Australia, from non‑originating materials
(1) Goods are Malaysian originating goods if:
(a) they are classified to a Chapter, heading or subheading of the Harmonized System that is covered by the Product‑Specific Rules; and
(b) they are produced entirely in the territory of Malaysia, or entirely in the territory of Malaysia and the territory of Australia, from non‑originating materials only or from non‑originating materials and originating materials; and