The Customs Amendment (Product Specific Rule Modernisation) Act 2021 commenced on 09 April 2021. The Australian Border Force (ABF) has issued Australian Customs Notice (ACN) no. 2021/17, outlining the amendment to the Customs Act, simplifying the way that changes to product specific rules (PSRs) are given legal effect in customs legislation.
Approach to giving legal effect to PSRs in customs legislation
From the commencement of the Amendment Act, legal effect will automatically be given to new or revised PSRs agreed to under the following agreements:
- ·Australia-Chile Free Trade Agreement;
- ·Australia-New Zealand Closer Economic Relations Trade Agreement;
- ·Australia-United States Free Trade Agreement;
- ·Korea-Australia Free Trade Agreement;
- ·Malaysia-Australia Free Trade Agreement; and
- ·Thailand-Australia Free Trade Agreement.
As the PSRs for each of these agreements will apply by direct reference in the Customs Act, the new Amendment Act removes the need to prescribe the PSRs in regulations. This process has been used to implement Free Trade Agreements since 2017. [Similar amendments were made by the Customs Amendment (Product Specific Rule Modernisation) Act 2018.]
The Amendment Act will not change the substance of the PSRs.
Claiming preferential treatment
Following the commencement of the Amendment Act, to identify the PSR that applies to their goods, Australian importers and customs brokers have been advised to refer to the official text of the relevant free trade agreement. The PSRs will be repealed from the agreement specific regulations.
The ABF says it will soon issue another ACN to inform importers and customs brokers of all upcoming changes to PSRs.
Contact us for more information. As a licensed Customs Broker and International Freight Forwarder, Colless Young offers correct, professional advice on all Customs clearance, tariff and bylaw matters.
Based in Brisbane, we provide a complete range of logistics services, both air and sea cargo, through all Australian ports and airports. We handle imports and exports, shipping, trucking, warehousing and fumigation.
