Customs Tariff Amendment (Australia-Chile Free Trade Agreement Implementation) Act 2008 (Cth)

Customs Tariff Amendment (Australia‑Chile Free Trade Agreement Implementation) Act 2008 No. 128, 2008 An Act to amend the Customs Tariff Act 1995, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Customs Tariff Act 1995 Customs Tariff Amendment (Australia-Chile Free Trade Agreement Implementation) Act 2008 No. 128, 2008 An Act to amend the Customs Tariff Act 1995, and for related purposes [Assented to 27 November 2008] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Customs Tariff Amendment (Australia‑Chile Free Trade Agreement Implementation) Act 2008. 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 on which this Act receives the Royal Assent. 27 November 2008 2. Schedule 1 The later of: 6 March 2009 (a) 1 January 2009; and (see Gazette 2009, No. GN7) (b) the day on which the Australia‑Chile Free Trade Agreement, done at Canberra on 30 July 2008, comes into force for Australia. (paragraph (b) applies) However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. The Minister must announce by notice in the Gazette the day on which the Agreement comes into force for Australia. Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or 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in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 Customs Tariff Act 1995 1 Subsection 3(1) (at the end of the definition of rate column) Add: ; or (e) the third column of the table in Schedule 7. 2 Subsection 9(1) Omit "Schedule 3, 4, 5 or 6", substitute "Schedule 3, 4, 5, 6 or 7". 3 After paragraph 11(1)(bb) Insert: or (bc) the third column of an item in the table in Schedule 7 that applies to goods; 4 After paragraph 11(1)(f) Insert: or (g) the third column of that item in the table in Schedule 7; 5 After paragraph 11(2)(bb) Insert: or (bc) the third column of an item in the table in Schedule 7 that applies to goods; 6 After section 13C Insert: 13D When goods are Chilean originating goods For the purposes of this Act, goods are Chilean originating goods if, and only if, they are Chilean originating goods under Division 1F of Part VIII of the Customs Act 1901. 7 After subparagraph 16(1)(a)(iv) Insert: and (v) are not Chilean originating goods; 8 Paragraph 16(1)(g) (note) Omit "subsection (3)", substitute "subsections (3) and (4)". 9 At the end of subsection 16(1) Add: ; (m) if the goods are Chilean originating goods: (i) if the goods are classified to a heading or subheading in Schedule 3 that is specified in column 2 of an item in the table in Schedule 7—by reference to the rate of duty set out in column 3 of that item; or (ii) otherwise—Free. 10 At the end of section 16 Add: Goods from Chile (4) If the goods: (a) are the produce or manufacture of Chile under Division 1A of Part VIII of the Customs Act 1901; and (b) are Chilean originating goods under Division 1F of that Part; the duty in respect of the goods must be worked out under paragraph (1)(m) (and not under paragraph (1)(g)). 11 At the end of subsection 18(1) Add: ; or (d) under an item in the table in Schedule 7 that applies to the goods. 12 After subparagraph 18(2)(a)(iv) Insert: and (v) are not Chilean originating goods; 13 Paragraph 18(2)(g) (note) Omit "subsections (3) and (4)", substitute "subsection (3)". 14 At the end of subsection 18(2) Add: ; (m) if the goods are Chilean originating goods: (i) if a rate of duty that applies in relation to Chile is set out in the third column of that item—by reference to that rate of duty; or (ii) otherwise—Free. 15 Subsections 18(3) and (4) Repeal the subsections, substitute: Free trade countries that are Developing Countries (3) If, apart from this subsection: (a) paragraph (2)(g) applies in relation to the goods; and (b) another paragraph of subsection (2) applies in relation to the goods; then that other paragraph applies in relation to the goods (and not paragraph (2)(g)). Example: Goods are the produce or manufacture of Chile under Division 1A of Part VIII of the Customs Act 1901 (so paragraph (2)(g) applies). The goods are also Chilean originating goods under Division 1F of that Part (so paragraph (2)(m) applies). The amount of duty payable in respect of the goods under the item in Schedule 4 must be worked out under paragraph (2)(m) (and not under paragraph (2)(g)). 16 After paragraph 19(1)(c) Insert: and (d) the rate column of an item in the table in Schedule 7 that relates to a subheading in Schedule 3: (i) that is specified in column 2 of that item in the table in Schedule 7; and (ii) that appears in column 1 of the Table below, opposite that excise item; 17 Schedule 4 (item 17A, column 3) After "TH", insert "/CL". 18 Schedule 4 (item 20A, the description of goods in column 2) Omit "or 19", substitute ", 19 or 20C". 19 Schedule 4 (item 20A, paragraph (c) of the description of goods in column 2) Omit "or 6", substitute ", 6 or 7". 20 Schedule 4 (item 20A, column 3) After "TH", insert "/CL". 21 Schedule 4 (item 20B, paragraph (d) of the description of goods in column 2) Omit "or 6", substitute ", 6 or 7". 22 Schedule 4 (item 20B, column 3) After "TH", insert "/CL". 23 Schedule 4 (after item 20B) Insert: 20C Goods that are covered by an article, that is prescribed by by‑law, of a free trade agreement, between Australia and one or more foreign countries, that is prescribed by by‑law, being an article relating to the export of goods from Australia for one or more of the following: Free (a) repair; (b) renovation; (c) alteration; (d) other similar processes 24 Schedule 4 (item 34, column 3) After "TH", insert "/CL". 25 Schedule 4 (item 41E, column 3) After "TH", insert "/CL". 26 Schedule 4 (item 50(1A), column 3) After "TH", insert "/CL". 27 Schedule 4 (item 50(2)(b), column 3) After "TH", insert "/CL". 28 Schedule 4 (item 53C, at the end of the last rate of duty in column 3) Add: CL:5% 29 Schedule 4 (item 61, column 3) After "TH", insert "/CL". 30 Schedule 4 (item 70, column 3) After "TH", insert "/CL". 31 Schedule 4 (item 72B, at the end of the last rate of duty in column 3) Add: CL:5% 32 Schedule 4 (item 73, column 3) After "TH", insert "/CL". 33 At the end of the Act Add: Schedule 7—Chilean originating goods Note: See sections 15 and 16. Chilean originating goods Column 1 Column 2 Column 3 Item Heading or subheading in Schedule 3 Rate 1 0806.10.00 4.5% From 1 January 2010: 3.5% From 1 January 2011: 3% From 1 January 2012: 2% From 1 January 2013: 1.5% From 1 January 2014: 0.5% From 1 January 2015: Free 2 0806.20.00 4.5% From 1 January 2010: 3.5% From 1 January 2011: 3% From 1 January 2012: 2% From 1 January 2013: 1.5% From 1 January 2014: 0.5% From 1 January 2015: Free 3 2203.00.31 $40.46/L of alcohol 4 2203.00.39 $68.54/L of alcohol 5 2203.00.61 $34.72/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 6 2203.00.62 $40.46/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 7 2203.00.69 $40.46/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 8 2203.00.71 $6.93/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 9 2203.00.72 $21.76/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 10 2203.00.79 $28.48/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 11 2204.10.23 $40.46/L of alcohol 12 2204.10.29 $68.54/L of alcohol 13 2204.10.83 $40.46/L of alcohol 14 2204.10.89 $68.54/L of alcohol 15 2204.21.30 $40.46/L of alcohol 16 2204.21.90 $68.54/L of alcohol 17 2204.29.30 $40.46/L of alcohol 18 2204.29.90 $68.54/L of alcohol 19 2205.10.30 $40.46/L of alcohol 20 2205.10.90 $68.54/L of alcohol 21 2205.90.30 $40.46/L of alcohol 22 2205.90.90 $68.54/L of alcohol 23 2206.00.52 $40.46/L of alcohol 24 2206.00.59 $68.54/L of alcohol 25 2206.00.62 $40.46/L of alcohol 26 2206.00.69 $68.54/L of alcohol 27 2206.00.74 $34.72/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 28 2206.00.75 $40.46/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 29 2206.00.78 $40.46/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 30 2206.00.82 $6.93/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 31 2206.00.83 $21.76/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 32 2206.00.89 $28.48/L of alcohol, calculated on that alcohol content by which the percentage by volume of alcohol of the goods exceeds 1.15 33 2206.00.92 $40.46/L of alcohol 34 2206.00.99 $68.54/L of alcohol 35 2207.10.00 $68.54/L of alcohol 36 2207.20.10 $0.38143/L 37 2208.20.10 $63.99/L of alcohol 38 2208.20.90 $68.54/L of alcohol 39 2208.30.00 $68.54/L of alcohol 40 2208.40.00 $68.54/L of alcohol 41 2208.50.00 $68.54/L of alcohol 42 2208.60.00 $68.54/L of alcohol 43 2208.70.00 $68.54/L of alcohol 44 2208.90.20 $40.46/L of alcohol 45 2208.90.90 $68.54/L of alcohol 46 2401.10.00 $318.14/kg 47 2401.20.00 $318.14/kg of tobacco content 48 2401.30.00 $318.14/kg of tobacco content 49 2402.10.20 $0.25450/stick 50 2402.10.80 $318.14/kg of tobacco content 51 2402.20.20 $0.25450/stick 52 2402.20.80 $318.14/kg of tobacco content 53 2403.10.30 $0.25450/stick 54 2403.10.70 $318.14/kg of tobacco content 55 2403.91.00 $318.14/kg of tobacco content 56 2403.99.80 $318.14/kg of tobacco content 57 2707.10.00 $0.38143/L 58 2707.20.00 $0.38143/L 59 2707.30.00 $0.38143/L 60 2707.50.00 $0.38143/L 61 2709.00.90 $0.38143/L 62 2710.11.61 $0.02854/L 63 2710.11.69 $0.38143/L 64 2710.11.70 $0.38143/L 65 2710.11.80 $0.38143/L of biodiesel plus $0.38143/L of ethanol (if any) plus $0.38143/L of other substances in the blend 66 2710.19.16 $0.38143/L 67 2710.19.20 $0.38143/L 68 2710.19.40 $0.02854/L 69 2710.19.51 $0.38143/L 70 2710.19.52 $0.38143/L 71 2710.19.53 $0.38143/L 72 2710.19.70 $0.38143/L 73 2710.19.80 $0.38143/L of biodiesel plus $0.38143/L of ethanol (if any) plus $0.38143/L of other substances in the blend 74 2710.19.91 $0.05449/L 75 2710.19.92 $0.05449/kg 76 2710.91.16 $0.38143/L 77 2710.91.20 $0.38143/L 78 2710.91.40 $0.02854/L 79 2710.91.51 $0.38143/L 80 2710.91.52 $0.38143/L 81 2710.91.53 $0.38143/L 82 2710.91.61 $0.02854/L 83 2710.91.69 $0.38143/L 84 2710.91.70 $0.38143/L 85 2710.91.80 $0.38143/L of biodiesel plus $0.38143/L of ethanol (if any) plus $0.38143/L of other substances in the blend 86 2710.91.91 $0.05449/L 87 2710.91.92 $0.05449/kg 88 2710.99.16 $0.38143/L 89 2710.99.20 $0.38143/L 90 2710.99.40 $0.02854/L 91 2710.99.51 $0.38143/L 92 2710.99.52 $0.38143/L 93 2710.99.53 $0.38143/L 94 2710.99.61 $0.02854/L 95 2710.99.69 $0.38143/L 96 2710.99.70 $0.38143/L 97 2710.99.80 $0.38143/L of biodiesel plus $0.38143/L of ethanol (if any) plus $0.38143/L of other substances in the blend 98 2710.99.91 $0.05449/L 99 2710.99.92 $0.05449/kg 100 2902.20.00 $0.38143/L 101 2902.30.00 $0.38143/L 102 2902.41.00 $0.38143/L 103 2902.42.00 $0.38143/L 104 2902.43.00 $0.38143/L 105 2902.44.00 $0.38143/L 106 3403.11.10 $0.05449/kg 107 3403.11.90 $0.05449/L 108 3403.19.10 $0.05449/kg 109 3403.19.90 $0.05449/L 110 3403.91.10 $0.05449/kg 111 3403.91.90 $0.05449/L 112 3403.99.10 $0.05449/kg 113 3403.99.90 $0.05449/L 114 3811.21.10 $0.05449/kg 115 3811.21.90 $0.05449/L 116 3817.00.10 $0.38143/L 117 3819.00.00 $0.05449/L 118 3824.90.20 $0.38143/L 119 3824.90.30 $0.38143/L of biodiesel plus $0.38143/L of ethanol (if any) plus $0.38143/L of other substances in the blend 120 3926.20.29 17.5% From 1 January 2010: 10% From 1 January 2015: Free 121 4015.11.00 7.5% From 1 January 2010: 5% From 1 January 2015: Free 122 4015.19.90 7.5% From 1 January 2010: 5% From 1 January 2015: Free 123 4015.90.10 7.5% From 1 January 2010: 5% From 1 January 2015: Free 124 4015.90.29 17.5% From 1 January 2010: 10% From 1 January 2015: Free 125 4107.11.00 5% From 1 January 2015: Free 126 4107.12.00 5% From 1 January 2015: Free 127 4107.91.00 5% From 1 January 2015: Free 128 4107.92.00 5% From 1 January 2015: Free 129 4203.10.00 17.5% From 1 January 2010: 10% From 1 January 2015: Free 130 4203.29.10 7.5% From 1 January 2010: 5% From 1 January 2015: Free 131 4203.30.00 7.5% From 1 January 2010: 5% From 1 January 2015: Free 132 4203.40.10 7.5% From 1 January 2010: 5% From 1 January 2015: Free 133 4203.40.90 17.5% From 1 January 2010: 10% From 1 January 2015: Free 134 4205.00.10 17.5% From 1 January 2010: 10% From 1 January 2015: Free 135 4205.00.20 10% From 1 January 2010: 5% From 1 January 2015: Free 136 4303.10.00 7.5% From 1 January 2010: 5% From 1 January 2015: Free 137 4304.00.10 7.5% From 1 January 2010: 5% From 1 January 2015: Free 138 5007.10.10 10% From 1 January 2010: 5% From 1 January 2015: Free 139 5007.90.10 10% From 1 January 2010: 5% From 1 January 2015: Free 140 5111.11.00 10% From 1 January 2010: 5% From 1 January 2015: Free 141 5111.19.00 10% From 1 January 2010: 5% From 1 January 2015: Free 142 5111.20.00 10% From 1 January 2010: 5% From 1 January 2015: Free 143 5111.30.00 10% From 1 January 2010: 5% From 1 January 2015: Free 144 5111.90.00 10% From 1 January 2010: 5% From 1 January 2015: Free 145 5112.11.00 10% From 1 January 2010: 5% From 1 January 2015: Free 146 5112.19.00 10% From 1 January 2010: 5% From 1 January 2015: Free 147 5112.20.00 10% From 1 January 2010: 5% From 1 January 2015: Free 148 5112.30.00 10% From 1 January 2010: 5% From 1 January 2015: Free 149 5112.90.00 10% From 1 January 2010: 5% From 1 January 2015: Free 150 5113.00.00 10% From 1 January 2010: 5% From 1 January 2015: Free 151 5208.11.00 10% From 1 January 2010: 5% From 1 January 2015: Free 152 5208.12.00 10% From 1 January 2010: 5% From 1 January 2015: Free 153 5208.13.00 10% From 1 January 2010: 5% From 1 January 2015: Free 154 5208.19.00 10% From 1 January 2010: 5% From 1 January 2015: Free 155 5208.21.00 10% From 1 January 2010: 5% From 1 January 2015: Free 156 5208.22.00 10% From 1 January 2010: 5% From 1 January 2015: Free 157 5208.23.00 10% From 1 January 2010: 5% From 1 January 2015: Free 158 5208.29.00 10% From 1 January 2010: 5% From 1 January 2015: Free 159 5208.31.00 10% From 1 January 2010: 5% From 1 January 2015: Free 160 5208.32.00 10% From 1 January 2010: 5% From 1 January 2015: Free 161 5208.33.00 10% From 1 January 2010: 5% From 1 January 2015: Free 162 5208.39.00 10% From 1 January 2010: 5% From 1 January 2015: Free 163 5208.41.00