Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Division:
"Agreement" means the Japan - Australia Economic Partnership Agreement, done at Canberra on 8 July 2014, as amended from time to time.
Note 1: The Agreement is in Australian Treaty Series 2015 No. 2 ([2015] ATS 2) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Note 2: There is also a separate agreement (known as the Implementing Agreement) that sets out the details and procedures for the implementation of the Japan - Australia Economic Partnership Agreement. The Implementing Agreement is in that same Australian Treaty Series.
"Area of Japan" means Area within the meaning, so far as it relates to Japan, of Article 1.2 of the Agreement.
"Australian originating goods" means goods that are Australian originating goods under a law of Japan that implements the Agreement.
"Certificate of Origin" means a certificate that is in force and that complies with the requirements of Article 3.15 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 Convention is in Australian Treaty Series 1988 No. 30 ([1988] ATS 30) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"customs value" of goods has the meaning given by section 159.
"enterprise" has the meaning given by Article 1.2 of the Agreement.
"factory ships of Japan" means factory ships of the Party within the meaning, so far as it relates to Japan, of Article 3.1 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 immediately before 1 January 2017; or
(b) if the table in Annex 2 to the Agreement is amended or replaced to refer to Chapters, headings and subheadings of a later version of the Harmonized Commodity Description and Coding System--the later version of the Harmonized Commodity Description and Coding System.
"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 or operation of equipment or buildings 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.
"Japanese originating goods" means goods that, under this Division, are Japanese originating goods.
"non-originating materials" means goods that are not originating materials.
"originating materials" means:
(a) Japanese 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.
"origin certification document" means a document that is in force and that complies with the requirements of Article 3.16 of the Agreement.
"person of Japan" means:
(a) a natural person of a Party within the meaning, so far as it relates to Japan, of Article 1.2 of the Agreement; or
(b) an enterprise of Japan.
"produce" means manufacture, assemble, process, raise, grow, breed, mine, extract, harvest, fish, trap, gather, collect, hunt or capture.
"sea-fishing" has the same meaning as it has in the Agreement.
"territorial sea" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"vessels of Japan" means vessels of the Party within the meaning, so far as it relates to Japan, of Article 3.1 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.