· expose Australian exporters of goods and services to an erosion of competitiveness as a result of China`s existing and future preferential agreements with other countries; (c) separate customs territory of Taiwan, Penghu, Kinmen and Matsu. The World Trade Organisation Agreement provides for the Marrakesh Agreement establishing the World Trade Organisation, concluded in Marrakesh on 15 April 1994. It is apparent from the reference to that definition that the text of the agreement was available on the AustLII website in 2015 through the Australian Treaties Library. New section 126AOB Registration obligations 59. New Section 126AOB inserts registration requirements that apply only to goods exported from Australia to the territory of China and that originate in Australia to benefit from preferential duty in the territory of China. Although there are currently registration obligations in the Customs Act, these are not broad enough to cover the registration obligations under the Agreement. 60. New subsection 126AOB (1) provides that regulations may impose registration obligations on goods exported to the territory of China; and are allegedly originating in Australia to benefit from a preferential customs duty on the territory of China. 61. The method of preservation of documents, such as the duration of their retention and the manner in which they are to be kept, must be similar to current registration obligations. However, the nature of the records to be retained will be much broader than the current requirements. The requirements cover all records of the origin of goods for which preferential tariff treatment is claimed in the territory of China and may include, inter alia, records relating to the tariff classification of goods and the origin or value of materials used in the manufacture of goods.
62. The new Article 126AOB(2) provides that the obligations referred to in paragraph 1 may be imposed on an exporter or producer of goods. New section 126AOC Power to require 63 registration. The new subsection 126AOC (1) provides that an agent (defined in section 4 of the Customs Act) may require a person subject to registration, in accordance with the provisions adopted for the purposes of Article 126AOC, to be dependent on the official of the registrations required by the official. 64. Pursuant to Article 3.21 of the Agreement, Australia or China may take steps to verify the preferential treatment of goods, including the obligation to provide records of the manufacture or export of the goods. The new Section 126AOC makes this article most effective with respect to goods exported to China that would be products of Australian origin to benefit from a preferential duty in China. 65. New Subsection 126AOC (2) provides that an authorized official may disclose to a Chinese customs officer all records so submitted for the purpose of examining an application for preferential duty in China. Section 42 of Part 6 of the Australian Border Force Act 2015 (abF Act) prohibits the disclosure of protected information unless the disclosure is authorized, inter alia, by or by a Commonwealth law.
Page 54 Customs Amendment (Implementation of the China-Australia Free Trade Agreement) Bill 2015 76. The currently moderate level of seafood trade hides the considerable opportunities in the Chinese market. . . .