Document ID: chunk:federal_register_of_legislation:C2004A04684:body:0:p10
Version: federal_register_of_legislation:C2004A04684
Segment Type: other
Provision Reference: 
Character Range: 23332–26178

such goods that are claimed to originate in New Zealand is at least 48% but not 50% of the total factory cost of those goods; and

     (b) that the allowable factory cost of those goods would be at least 50% of the total factory cost of those goods if an unforeseen circumstance had not occurred; and

  (c) that the unforeseen circumstance is unlikely to continue;

the Comptroller may determine, in writing, that section 153J has effect:

     (d) for the purpose of the shipment of goods that is affected by that unforeseen circumstance; and

     (e) for the purposes of any subsequent shipment of similar goods that is so affected during a period specified in the determination;

as if the reference in subsection 153J(3) to 50% were a reference to 48%.

Effect of determination

"(2) If the Comptroller makes a determination then, in relation to all preference claim goods imported into Australia that are covered by that determination, section 153J has effect in accordance with the determination.

Comptroller may revoke determination

  "(3) If:

  (a) the Comptroller makes a determination; and

     (b) the Comptroller becomes satisfied that the unforeseen circumstance giving rise to the determination no longer continues;

the Comptroller may, by written notice, revoke the determination despite the fact that the period referred to in the determination has not ended.

Definition of "similar goods"

  "(4) In this section:

'similar goods', in relation to goods in a particular shipment, means goods:

     (a) that are contained in another shipment that is imported by the same importer; and

     (b) that undergo the same process or processes of manufacture as the goods in the first-mentioned shipment.

Manufactured goods originating in Papua New Guinea or a Forum Island Country

Rule for certain goods wholly manufactured in Papua New Guinea

"153L.(1) Goods claimed to be the manufacture of Papua New Guinea are the manufacture of that country if they are wholly manufactured in Papua New Guinea from one or more of the following:

    (a) unmanufactured raw products;

    (b) materials wholly manufactured in Australia or Papua New Guinea or Australia and Papua New Guinea;

    (c) materials imported into Papua New Guinea that the Comptroller has determined, by Gazette notice, to be manufactured raw materials of Papua New Guinea.

Rule for manufactured goods last processed in PNG or a Forum Island Country if qualifying area does not include New Zealand

"(2) Goods claimed to be the manufacture of Papua New Guinea or of a Forum Island Country are the manufacture of that country if:

  (a) the last process in their manufacture was performed in that country; and

     (b) if their qualifying area did not include New Zealand—their allowable factory cost would be not less than the specified percentage of their