Document ID: chunk:federal_register_of_legislation:C2004A04684:body:0:p13
Version: federal_register_of_legislation:C2004A04684
Segment Type: other
Provision Reference: 
Character Range: 31136–34072

manufacture was performed in that country; and

     (b) having regard to their qualifying area, their allowable factory cost is not less than the specified percentage of their total factory cost.

Specified percentage

"(3) Subject to subsection (4), the specified percentage of the total factory cost of goods referred to in subsection (2) is:

     (a) if the goods are of a kind commercially manufactured in Australia—75%; or

     (b) if the goods are of a kind not commercially manufactured in Australia—25%.

Special rule for Christmas Island, Cocos (Keeling) Islands and Norfolk Island

"(4) If the country that is not a preference country is Christmas Island, Cocos (Keeling) Islands or Norfolk Island, the specified percentage of the total factory cost of goods referred to in subsection (2) is:

     (a) if the goods are of a kind commercially manufactured in Australia—50%; or

     (b) if the goods are of a kind not commercially manufactured in Australia—25%.

Are goods commercially manufactured in Australia?

Comptroller may determine that goods are, or are not, commercially manufactured in Australia

"153R.(1) For the purposes of sections 153P and 153Q, the Comptroller may, by Gazette notice, determine that goods of a specified kind are, or are not, commercially manufactured in Australia.

Effect of determination

"(2) If such a determination is made, this Division has effect accordingly.

Rule against double counting

"153S. In determining the allowable factory cost or the total factory cost of preference claim goods, a cost incurred, whether directly or indirectly, by the manufacturer of the goods must not be taken into account more than once.

May be different rules of origin for anti-dumping purposes so far as New Zealand is concerned

"153T.(1) Regulations and determinations made under this Division, to the extent that they determine whether or not goods are the produce or manufacture of New Zealand, may make different provision for the purposes:

  (a) of Part XVB; and

  (b) of this Act (other than Part XVB).

"(2) Subsection (1) does not limit by implication the application of subsection 33(3A) of the Acts Interpretation Act 1901 in relation to this section.".

Power of officers to inspect commercial documents in certain circumstances

  11. Section 214AA of the Principal Act is amended:

  (a) by omitting subparagraphs (1)(a)(i) and (ii) and substituting the following subparagraphs:

      "(i) to take goods into home consumption under section 69 or 70; or

         (ii) to take goods into home consumption, to warehouse goods, or to tranship goods, under section 71B; or

      (iii) to deal with goods under section 114C; and";

    (b) by omitting from paragraph (1)(b) "connection with an entry of those goods under section 71A or section 114" and substituting:

    "connection with:

         (i) a return under paragraph 69(5)(c) or 70(7)(a) in respect of goods referred