This bill became law on Nov 23rd, 2022.
Immigration, border & security
Australian importers can get lower customs duty on eligible UK goods, because the Act adds rules for when a product counts as genuinely from the United Kingdom.
The Australia-UK trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. created a gap: Australia needed rules to tell which UK goods truly qualify for lower tariffs when the deal starts. This bill adds origin checks, record-keeping and verification powers so eligible UK goods can get the preferential duty rate.
Australia and the United Kingdom already had a large trading relationship, but ministers said UK goods still faced barriers linked to the period when Britain was inside the European Union, so once the new free trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. was struck Australia needed customs rules to identify genuine UK goods and let them receive lower tariffs. This bill supplied those origin, record-keeping and verification rules, then moved quickly through Parliament in November 2022 so the agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. could begin operating with enforceable customs checks in place.
The main criticism was that the wider UK trade deal removed the 88-day farm work requirement for British working holiday makers without properly testing the effect on farm labour shortages, which critics said could hurt regional communities and farmers. That concern came mainly from crossbench MPs and senators backing or seeking amendments, while no party represented in the debate opposed the bill overall and Greens support was paired with broader reservations about labour, environmental and treaty safeguards.
Clare O'neil MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 23 Nov 2022
Final passage
Passed without a counted vote
1 recorded amendment or procedural vote was found, but no counted vote on the bill itself was recorded.
Passage speed
27 days
From introduction to the latest recorded parliamentary step
Meaning
Australian importers can get lower customs duty on eligible UK goods, because the Act adds rules for when a product counts as genuinely from the United Kingdom.
Goods shipped through other countries can miss out on the UK tariff discount if the trip or handling breaks the origin rules for claiming the lower rate.
Exporters and producers of Australian goods sent to the United Kingdom can be required to keep records so UK tariff claims can be checked.
Australian customs officers can share records or answers with UK customs officials when checking whether a claimed UK tariff preference is valid.
The new rules only start when the Australia-UK trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. has actually taken effect, so the customs changes do not operate before the deal begins.
• This Division defines UK originating goods. Preferential rates of customs duty under the Customs Tariff Act 1995 apply to UK originating goods that are imported into Australia.Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) as-passed bill text
(1) Goods are not UK originating goods under this Division if the goods are transported through the territory of one or more non‑parties and either or both of the following apply:Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) as-passed bill text
(1) The regulations may prescribe record keeping obligations that apply in relation to goods that:Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) as-passed bill text
(2) An authorised officer may, for the purpose of verifying a claim for a preferential tariff in the territory of the United Kingdom, disclose any answers to such questions to a United Kingdom customs official.Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) as-passed bill text
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) as-passed bill text
Context
Australia and the United Kingdom already had a large trading relationship, but ministers said UK goods still faced barriers linked to the period when Britain was inside the European Union, so once the new free trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. was struck Australia needed customs rules to identify genuine UK goods and let them receive lower tariffs. This bill supplied those origin, record-keeping and verification rules, then moved quickly through Parliament in November 2022 so the agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. could begin operating with enforceable customs checks in place.
Government says the UK trade deal will remove EU-era barriers
In introducing the bill, the government said the Australia-UK agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. would remove barriers that had impeded trade while the United Kingdom was a member of the European Union.
Hansard ↗Bill introduced to create customs rules for UK tariff preferences
The explanatory memorandum said Australia needed new rules of originThe tests that decide whether a product counts as genuinely from the UK for tariff purposes, rather than just being shipped through there. in the Customs ActThe main law being amended to add the UK origin and verification rules for imports. so qualifying UK goods could enter at preferential rates of dutyThe lower import duty that applies to goods that meet the agreement's origin rules. under the free trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs..
Australian Parliament House ↗House passes the bill
After debate, the House agreed to the bill and completed its third reading, keeping the customs changes on track for the trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs.'s commencement.
Parliamentary timeline ↗Parliament passes the bill
Both houses passed the bill in the same form, completing the parliamentary step needed before the customs origin and verification rules could become law.
Parliamentary timeline ↗Royal AssentThe final step that turns the bill into an Act, though some parts still wait for the trade agreement to start. makes the customs changes law
Royal AssentThe final step that turns the bill into an Act, though some parts still wait for the trade agreement to start. turned the bill into an Act, finalising Australia's legal machinery for administering UK preferential tariff claims once the trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. took effect.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns the bill into an Act, though some parts still wait for the trade agreement to start., turning the bill into an Act.
Key criticism
The main criticism was that the wider UK trade deal removed the 88-day farm work requirement for British working holiday makers without properly testing the effect on farm labour shortages, which critics said could hurt regional communities and farmers. That concern came mainly from crossbench MPs and senators backing or seeking amendments, while no party represented in the debate opposed the bill overall and Greens support was paired with broader reservations about labour, environmental and treaty safeguards.
Criticism was real but limited, and mostly aimed at labour impacts and safeguards rather than the customs machinery itself.
Risk to farm labour supply
Critics argued the deal dropped the 88-day specified farm work requirement for UK backpackers without serious investigation of what that would do to farm labour shortages, potentially making it harder for regional employers to attract seasonal workers.
Weak labour and accountability safeguards
The Greens said they would support the bill but criticised the agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. for weak and insufficiently enforceable protections for workers, the environment and First Nations businesses, and for a treaty process they said lacked transparency.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Moved by Dorinda Cox (Greens). Defeated 14 to 31. Support came from Greens and Jacqui Lambie Network. Opposition came from Labor, Liberal Party, Nationals, and One Nation.
The amendment was defeated, so the second-reading motion was not altered to include the proposed human rights note.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Clare O'Neil supports the bill and says it will implement the Australia-United Kingdom free trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs., which she argues will deliver market access, diversification and stronger trade rules.
Read in Hansard ↗Katter supports the bill passing, but says it unfairly strips the farm-work requirement for UK backpackers and will harm regional communities and farmers.
Read in Hansard ↗Sharkie criticises the bill for stripping out the 88-day farm work requirement and for missing a chance to fix frozen UK pensions, saying both changes disadvantage regional workers and pensioners.
Read in Hansard ↗Wilson supports the bill because it implements the Australia-UK free trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. and will lower tariffs, improve market access and make Australian exports more competitive.
Read in Hansard ↗All speeches by bloc
5 speakers · 7 contributions · 5 support
“The bills before the House that we're debating here implement customs and tariff commitments made in both the trade agreements and also, critically, the administrative rules; penalties in respect of the export and import of goods; and the agreed tariff rates. When this legislation passes—as I hope it will, first here and then in the other place—and the agreement enters into force, it will mean, as the member for Page observed, that 99 per cent of Australian goods by value will be able to enter the UK duty free. Farmers and agricultural exporters to the UK will benefit in some areas—not in all areas but in some areas—from a progressive reduction in tariffs and barriers, making our exports more competitive. The liberalisation of access in a range of areas will be much stronger and more attractive for Australian exporters.”Read the full speech in Hansard ↗
“I commend this bill to the Chamber.”Read the full speech in Hansard ↗
Hansard records 3 separate contributions by Clare O'Neil, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Clare O'Neil supports the bill and says it will implement the Australia-United Kingdom free trade agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs., which she argues will deliver market access, diversification and stronger trade rules. She presents it as a practical step to improve certainty for exporters, importers and investors.
“The agreement will bring both commercial and strategic benefits. The United Kingdom is the world's fifth-largest economy and our fifth-largest two-way trading partner, with A$31.8 billion in goods and services traded in 2020. The agreement will deliver preferential market access for Australia's key exports, providing important diversification opportunities and removing barriers that were impeding trade while the United Kingdom was a member of the European Union. It will also improve certainty for exporters and importers, service suppliers and investors across the whole economy.”Read this contribution in Hansard ↗
Second reading speech
O'Neil supports the bill and says the UK free trade deal will strengthen the economic partnership, lift trade and investment, and cut tariffs and red tape. She frames it as part of a broader push for Australia to diversify exports and stay internationally competitive.
“On the UK agreement, there are two customs bills before the House, which implement Australia's obligations under that agreement. This agreement is a gold-standard trade agreement. We already have a very healthy trading relationship with the UK, and this agreement will enhance that strong economic partnership. It will drive increased trade, two-way investment, economic growth and job creation. It will build on the very strong and, of course, very lengthy people-to-people links through measures designed to increase the mobility of skilled workers and young people in both directions. It will contribute to Australia's export diversification and economic recovery from COVID-19. When it enters into force, over 99 per cent of Australian goods exports will enter the UK duty-free, a huge achievement for our country. That includes sheepmeat, beef, dairy, sugar and wine. Australian consumers will also benefit from increasing access to competitively priced goods and exposure to new technologies and innovative practices. It will boost efficiency, reduce cost and cut red tape. It also sets out the framework for cooperation on a much broader range of environmental issues, which is, of course, very important to the Australian people. That includes support for transition to lower carbon and more climate-resilient economies on both sides of the agreement.”Read this contribution in Hansard ↗
Second reading speech
O'Neil supports the bill and says the Australia-UK agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs. passes the test because it delivers major benefits, especially for agriculture and regional Australia. She rejects the amendment and says the government will not support changes at this late stage, despite acknowledging labour shortage concerns and trade-offs in the agreementThe trade deal this bill helps put into effect, so eligible UK goods can qualify for lower Australian tariffs..
“I do think the agreements before us pass the test. There are huge benefits here for Australia and huge benefits for agriculture and for the regional and rural parts of our country.”Read this contribution in Hansard ↗
“Firstly, I'm pleased to hear that the opposition will be voting for the bill. That's a good thing. It'd be pretty inconsistent if they didn't. But mostly I'm overwhelmed by the hypocrisy of the opposition. They're in here talking about bipartisanship on trade policy, but their commitment to bipartisanship on trade policy is paper thin.”Read the full speech in Hansard ↗
“The Australia-United Kingdom Free Trade Agreement includes ambitious outcomes to benefit both Australia and the United Kingdom. These include: eliminating tariffs on over 99 per cent of Australian goods exported to the United Kingdom, valued at about $9.2 billion; enhancing pathways for workers and young people to work in both countries; and supporting the free movement of data to enhance growth in the digital economy.”Read the full speech in Hansard ↗
6 speakers · 6 support
“Deputy President, passage of these bills will enable Australian officials to move swiftly towards ensuring full implementation of these agreements. We urge the government to do all possible in their diplomatic efforts to ensure that the United Kingdom and India, equally, move as expeditiously as possible to meet the processes required to achieve entry into force. The sooner these agreements take effect, the sooner the benefits will be realised for Australian businesses and businesses in the United Kingdom and India. The sooner that occurs, the earlier all of the gains that will accrue over the seven- to 10-year period of implementation will accrue to businesses in Australia, the UK and India. So we urge the government to make sure that in all of their dialogue it is a priority to get these agreements done quickly. We support their passage through the parliament promptly and look forward to seeing this final legacy item of the coalition's trade policy deliver great benefits for Australia into the future.”Read the full speech in Hansard ↗
“When it comes to the UK FTA, this is something that, once again, personally, I was very keen to achieve, because this agreement rights a wrong that occurred in 1973. I remember clearly, as a young boy growing up on a farm in Australia—it's one of my earliest memories—the time when the UK turned their back on Australian agriculture. They headed to the European Union and left Australian agriculture high and dry. The UK had been our major market and was where we'd sent most of our agricultural produce. When the UK headed to the EU they left Australia high and dry. So, to be able to get an agreement now that rights that wrong is incredibly important for Australian agriculture.”Read the full speech in Hansard ↗
“On entry into force, just to go back to the UK deal: tariffs on over 99 per cent of Australian goods exports to the UK will be eliminated. That's valued at around $9.2 billion, to get your head around some of those figures.”Read the full speech in Hansard ↗
“As I said, we have been completely bipartisan in supporting the government on these bills; however, why the government has been so haphazard and slow in the implementation of this agreement is absolutely baffling. It shows they have little or no idea on how to govern. Obviously, we support these bills and therefore call on the government to stop the delay. Let's get these agreements implemented as quickly as possible so that Australian exporters can start to reap the benefit of the coalition's hard work.”Read the full speech in Hansard ↗
“We hope these bills go through very quickly and successfully. We'll be supporting them. I commend this bill to the house.”Read the full speech in Hansard ↗
“I to rise to make a brief contribution on this package of free trade agreement bills. As I've said in this place on a number of occasions, Australia is a trading nation. My home state of Western Australia is a trading state. Western Australia exports something like 90 per cent-plus of its wheat—its largest agricultural commodity. Obviously, we are the single most significant exporter of iron ore and a significant exporter of gas into the international market. Western Australia in particular relies on trade and on agreements between nations to make trade flows work. That is why it is my pleasure to rise and speak on these bills. I'm very happy to say these are bills that are aimed at liberalising trade flows between Australia and the UK, on the one hand, and Australia and India, on the other, both very important markets to my home state of WA.”Read the full speech in Hansard ↗
1 speaker · 1 support
“A major highlight of both these agreements is a lack of investor-state dispute settlement clauses—or ISDSs, as they are called. These clauses allow companies to sue governments for changing their regulatory frameworks, which are more often than not in the public interest, to recoup the losses they claim occurred because of these changes. To put it in context, the only time such a clause has been used against Australia it was by a big tobacco company, Philip Morris, which attempted to sue the Australian government following the implementation of our plain packaging laws. The Greens welcome this change to the government's policy regarding ISDS clauses and look forward to the continuation of this policy in substantive agreements and the removal of existing ISDS clauses.”Read the full speech in Hansard ↗
3 speakers · 1 support · 1 mixed · 1 unclear
“It is unbelievable to me that the last government, when they knew, would have proceeded with this bill knowing it would put the country areas at an enormous disadvantage. The people in this place, quite rightly, put in previous agreements that backpackers coming to Australia had to serve time in country areas. This bill effectively removes that requirement for United Kingdom migrants.”Read the full speech in Hansard ↗
“Those are the two comments I would like to make: it will make it much harder for farmers, and we really missed an opportunity for Australians receiving the UK pension.”Read the full speech in Hansard ↗
“The member for Kennedy hasn't just described a problem; he's actually come forward with some really important propositions, and one is that, before this is enacted—before we do remove this 88-day farm work clause—there needs to be some serious investigation into the impact this will have on farm workforce.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns the bill into an Act, though some parts still wait for the trade agreement to start., turning the bill into an Act.
