This bill became law on Dec 10th, 2024.
Immigration, border & security
Importers can use a self-declared proof of originThe document or declaration importers use to show goods qualify for lower tariff treatment under the agreement., not just a certificate from an authorised body, when claiming lower customs duty under the ASEAN-Australia-New Zealand trade deal.
The AANZFTAThe trade deal being updated here, which lowers barriers and sets customs rules for trade between Australia, New Zealand and ASEAN countries. upgrade exposed that Australia’s customs law no longer matched the Second ProtocolThe 2023 update to AANZFTA that changes how goods prove origin and how customs checks work.’s new origin, record-keeping and verification rules and needed to stay relevant as product classifications changed over time. This bill updates the Customs ActThe main law the bill changes so Australian customs can apply the new trade agreement rules. so traders can use the new proof and checking rules and keeps tariff treatment aligned with current classifications across AANZFTAThe trade deal being updated here, which lowers barriers and sets customs rules for trade between Australia, New Zealand and ASEAN countries. and related trade deals.
Australia’s trade with ASEAN and New Zealand had operated under AANZFTAThe trade deal being updated here, which lowers barriers and sets customs rules for trade between Australia, New Zealand and ASEAN countries. since 2010, but the agreement originally let importers prove origin only with an authorised certificate and its tariff rules had to keep pace with newer product classifications. After leaders announced an upgrade in November 2022, Australia signed the Second ProtocolThe 2023 update to AANZFTA that changes how goods prove origin and how customs checks work. in August 2023 and needed customs law to match its new self-declared origin, record-keeping and verification rules, so Parliament passed this bill in late 2024 and it received Royal AssentThe final step when a bill becomes law after being approved by the Governor-General. on 10 December 2024.
No significant public case against the bill is recorded so far, with debate presenting it mainly as a technical update to modernise trade documentation and origin checks. No party represented in the debate opposed it, and the recorded material shows support from government and coalition speakers rather than substantive reservations.
Julian Hill MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 10 Dec 2024
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
33 days
From introduction to the latest recorded parliamentary step
Meaning
Importers can use a self-declared proof of originThe document or declaration importers use to show goods qualify for lower tariff treatment under the agreement., not just a certificate from an authorised body, when claiming lower customs duty under the ASEAN-Australia-New Zealand trade deal.
Australian exporters sending goods under the updated ASEAN-Australia-New Zealand trade deal can be required to keep records and provide information so tariff claims can be checked.
Approved exporters will be able to complete their own declarations of origin, which can cut paperwork and costs for businesses using the trade deal.
Tariff rules will keep following the latest goods classification updates under this trade deal, helping ensure reduced duty rates still apply to the right goods over time.
Australia also updates customs rules for RCEPAnother major trade agreement whose customs rules are also being updated in this bill., PACER PlusA Pacific trade agreement whose customs definitions are being updated to keep its tariff rules current. and the Malaysia-Australia trade deal so traders can use current product classifications and more modern origin checks.
expand on the documents requirements under Division 1G of Part VIII of the Customs Act so that, in additional to a Certificate of Origin document issued by an authorised body, an importer may also use a self-declaration document containing information in accordance with the Second Protocol to make a claim for preferential tariff treatment for goods covered by that Agreement.Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) explanatory memorandum
insert new record keeping and verification related requirements in Part VI of the Customs Act that apply to the export of goods covered by the Second Protocol;Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) explanatory memorandum
The second protocol will reduce the regulatory burden faced by Australian exporters through the introduction of an opt-in approved exporters scheme. Qualifying exporters will be able to complete their own declarations of origin, reducing costs and streamlining processes that enable their trading partners to claim preferential rates of customs duties.Second reading speech
amend the definition of “Harmonized System” under Division 1G of Part VIII of the Customs Act to so that Harmonized system used for the Second Protocol and subsequent versions of the System are adopted, in accordance with the Second Protocol. This measure will ensure that the correct preferential tariff treatment in the form of reduced customs duty rate will only apply to goods intended by the Agreement as amended by the Protocol, regardless of changes to the tariff classification of the goods over time;Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) explanatory memorandum
The Bill also amends the Customs Act to revise and streamline multiple provisions concerning the Regional Comprehensive Economic Partnership Agreement (the RCEP Agreement), the Pacific Agreement on Closer Economic Relations Plus (PACER Plus) and the Malaysia–Australia Free Trade Agreement (MAFTA). Specifically, the Bill amends the Customs Act to:Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) explanatory memorandum
Context
Australia’s trade with ASEAN and New Zealand had operated under AANZFTAThe trade deal being updated here, which lowers barriers and sets customs rules for trade between Australia, New Zealand and ASEAN countries. since 2010, but the agreement originally let importers prove origin only with an authorised certificate and its tariff rules had to keep pace with newer product classifications. After leaders announced an upgrade in November 2022, Australia signed the Second ProtocolThe 2023 update to AANZFTA that changes how goods prove origin and how customs checks work. in August 2023 and needed customs law to match its new self-declared origin, record-keeping and verification rules, so Parliament passed this bill in late 2024 and it received Royal AssentThe final step when a bill becomes law after being approved by the Governor-General. on 10 December 2024.
Australia signs the original AANZFTAThe trade deal being updated here, which lowers barriers and sets customs rules for trade between Australia, New Zealand and ASEAN countries.
Australia and the other participating countries signed the trade agreement that later set the baseline customs rules the bill would update.
Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) explanatory memorandum ↗AANZFTAThe trade deal being updated here, which lowers barriers and sets customs rules for trade between Australia, New Zealand and ASEAN countries. enters into force for Australia
The agreement began operating for Australia with origin claims supported by a Certificate of OriginAn official document from an authorised issuing body that can be used as proof a good qualifies for the trade deal. rather than exporter self-certification.
Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) explanatory memorandum ↗Leaders announce the AANZFTAThe trade deal being updated here, which lowers barriers and sets customs rules for trade between Australia, New Zealand and ASEAN countries. upgrade negotiations are substantially concluded
ASEAN, Australian and New Zealand leaders said the upgrade talks were substantially complete, clearing the way for a second amending protocol.
Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) explanatory memorandum ↗Updated HSThe international goods classification system customs uses to sort products and apply the right tariff rules over time. 2022 tariff classifications start applying under the upgraded rules
Australia was required to use product specific rulesThe detailed origin rules for particular goods that decide whether a product has changed enough to qualify under the agreement. based on HSThe international goods classification system customs uses to sort products and apply the right tariff rules over time. 2022, creating a need for customs law to stay aligned with current classifications.
Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) explanatory memorandum ↗Australia signs the Second ProtocolThe 2023 update to AANZFTA that changes how goods prove origin and how customs checks work. to AANZFTAThe trade deal being updated here, which lowers barriers and sets customs rules for trade between Australia, New Zealand and ASEAN countries.
The new protocol introduced revised Rules of OriginThe tests used to decide whether a product counts as coming from a partner country and can get reduced duty. procedures, including self-declarations, record-keeping obligations and verification requirements.
Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) explanatory memorandum ↗Parliament passes the bill
Both houses passed the bill so the Customs ActThe main law the bill changes so Australian customs can apply the new trade agreement rules. could be updated to implement the Second ProtocolThe 2023 update to AANZFTA that changes how goods prove origin and how customs checks work. and related classification changes.
Parliamentary timeline ↗Royal AssentThe final step when a bill becomes law after being approved by the Governor-General. completes the legal change
Royal AssentThe final step when a bill becomes law after being approved by the Governor-General. turned the bill into an Act, with commencement tied to both assent and the Second ProtocolThe 2023 update to AANZFTA that changes how goods prove origin and how customs checks work. entering into force for Australia.
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 bill reached this recorded parliamentary step.
Referred to Federation Chamber
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 bill reached this recorded parliamentary step.
Reported from Federation Chamber
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 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 when a bill becomes law after being approved by the Governor-General., turning the bill into an Act.
Key criticism
No significant public case against the bill is recorded so far, with debate presenting it mainly as a technical update to modernise trade documentation and origin checks. No party represented in the debate opposed it, and the recorded material shows support from government and coalition speakers rather than substantive reservations.
No significant public case against the bill is recorded so far.
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for 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.
Parliamentary debate
Start here — lead voices
Julian Hill supports the bill and says it will make the ASEAN-Australia-New Zealand free trade agreement simpler by easing rules of originThe tests used to decide whether a product counts as coming from a partner country and can get reduced duty., cutting paperwork, and reducing costs for exporters.
Read in Hansard ↗Kevin Hogan says the coalition supports the bill because it updates the ASEAN-Australia-New Zealand free trade agreement for the digital economy and helps exporters benefit from more modern rules.
Read in Hansard ↗James Stevens supports the bill and says it will streamline and harmonise trade documentation and bureaucracy between ASEAN, Australia and New Zealand.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“The bill is the only necessary legislative change required to implement the second protocol. Timely passage of this bill is important to ensure that broader trade facilitative benefits of the second protocol can be realised.”Read the full speech in Hansard ↗
2 speakers · 2 support
“I rise to support the Customs Amendment (ASEAN-Australia-New Zealand Free Trade Area Second Protocol Implementation and Other Measures) Bill 2024. This protocol upgrade is modernising the agreement to better align it with the digitised world that we now live in.”Read the full speech in Hansard ↗
“I know that the bipartisanship in this chamber, by and large, will always see us being a very open, keen and willing partner to multilateral avenues, but this is a good example where we won't sit back and wait for the WTO processes to continue to grind at a glacial pace seemingly towards nowhere. We will always engage in bilateral agreements with willing parties, so I commend this bill to the House, which sees us further streamline and harmonise the way in which we undertake the specifics of trade documentation and trade bureaucracy between ASEAN, Australia and New Zealand.”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 · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
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 · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
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 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 when a bill becomes law after being approved by the Governor-General., turning the bill into an Act.
