Customs Point-in-Time Service Updates

The Customs Point-in-Time Service has been updated to include the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth) (Act No 148 of 2018), the Customs Amendment (Product Specific Rule Modernisation) Act 2018 (Cth) (Act No 151 of 2018) and the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cth) (Act No 164 of 2018)

Act 148 of 2018

The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 is designed to amend a range of Acts to introduce measures to better deal with the challenges posed by ubiquitous encryption.
The Act will enhance cooperation by introducing a new framework for industry assistance, including new powers to secure assistance from key companies in the communications supply chain both within and outside Australia (Schedule 1). It will also strengthen agencies’ ability to adapt to a digital environment characterised by encryption by enhancing agencies’ collection capabilities such as computer access (Schedules 2, 3, 4 and 5).

Act 151 of 2018

The main purpose of the Customs Amendment (Product Specific Rule Modernisation) Act 2018 (the Act) is to amend the Customs Act 1901 (the Customs Act) to streamline the way in which the product specific rules of origin (PSRs) of four of Australia’s Free Trade Agreements (FTAs) are given effect domestically. 
PSRs are an essential component of FTAs that must be met by importers seeking preferential tariff treatment for goods that include materials not originating in the territories covered by the FTA. If the good satisfies an FTA’s PSRs, it is considered to ‘originate’ in an FTA Party and is entitled to receive preferential treatment of customs duty on import into Australia under the Customs Tariff Act 1995 (the Customs Tariff Act).
The second purpose of the Act is to amend the Customs Act to align it with certain FTA provisions not yet implemented by domestic legislation. This will ensure that domestic legislation is consistent with the FTAs.

Act 164 of 2018

The Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 contains transitional and consequential provisions to support the commencement of the Road Vehicle Standards Act 2018 as it replaces the Motor Vehicle Standards Act 1989 as the Commonwealth’s primary legislation for regulating road vehicle and certain road vehicle components.

This Act is being introduced to:

• Repeal the Motor Vehicle Standards Act upon full commencement of the Road Vehicle Standards Act (Schedule 2);
• Make transitional provisions to provide for the regulation of road vehicles and road vehicle components during the transition from the Motor Vehicle Standards Act to the Road Vehicle Standards Act (Schedule 3); and
• Make consequential amendments to Commonwealth legislation to reflect the repeal of the Motor Vehicle Standards Act and substitute relevant references to the Road Vehicle Standards Act (Schedule 4).

The amendments made by these Acts have been updated in the Point-in-Time Customs Service current to 4 February 2019. (NB: subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.