One of the essential elements of good regulation is the need for clear contemporary supporting legislation and associated regulation. That need has underscored new legislation in Australia (the Biosecurity Act 2015) and in New Zealand (the Customs and Excise Act 2018). In the former case, the Biosecurity legislation succeeded the Quarantine Act 1908 and in the latter case, it…

I have been working with the Customs Brokers and Forwarders Council of Australia (CBFCA) to develop guidance material and host legal forums on the introduction of the Trans-Pacific Partnership (TPP-11), a free trade agreement that comes into play from 30 December 2018. Similarly to China-Australia Free Trade Agreement (ChAFTA), the TPP-11 will come with many…

There has been a significant amendment to the Trade Marks Act 1995 which further entrenches the legality of parallel imports in Australia. Until recently, s123 of the Trade Marks Act 1995 provided a defence to parties (including importers) using a trade mark to sell or import goods where the trade mark had been applied with…

While most of the Australian population (and its media) are fixated on the Royal visit or the AFL player trade, those in the industry have had a similar level of interest in the movement towards Australian domestic ratification of the Trans Pacific Partnership (TPP-11) (aka the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)) and…

A SENIOR trade lawyer says the Trans-Pacific Partnership still will be subject to a transparent review process before being implemented by the government. The Maritime Union National Council recently passed a resolution describing the TPP-11 as enabling corporations to seek “unfettered access to Australian government contracts” and something that would “destroy Australian jobs”. Partner for…

We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the European Foreign Affairs Review Volume 23, Issue 3, 2018, edited by Jörg Monar & Nanette Neuwahl.   Han Dorussen, Emil J. Kirchner, Thomas Christiansen, ‘Security Cooperation in EU–China Relations: Towards Convergence?’ (2018)…

INFRINGEMENT Notices (INs) were once a relatively minor nuisance in industry, largely associated with speeding or parking fines. However, since the introduction of the Infringement Notice Scheme (INS) to the Customs Act 1901 (Customs Act), INs have taken on much greater significance. That significance may escalate again following a recent media release by the Australian…

There have long been allegations that importers and their service providers here and overseas have been engaged (knowingly or innocently) in “circumventing” existing measures otherwise payable on imported goods. For some time, importers and their service providers have faced action by the Department of Home Affairs (DoHA) and Australian Border Force (ABF) in relation to…

In addition to many other tobacco control measures that have sharply reduced smoking within its borders, Australia in 2011 became the first country to adopt a tobacco plain packaging law. Intended to reduce smoking, especially among young people, the law requires tobacco packs to be sold without attractive designs, logos, and colors, and with health…

The idea of facilitating secure and compliant trade underpins many international agreements such as the WTO Trade Facilitation Agreement (TFA) and WCO Safe Framework of Standards (SAFE) and is reflected in many “Authorised Economic Operator” programmes such as our own Australian Trusted Trader Programme (ATTP). Government and its agencies also provide further assistance to those…

Australia passes espionage, foreign interference, foreign influence and critical infrastructure security laws. The concept of attempting to influence elected representatives, Governments and their agencies has been taking place forever – well at least as long as we have had these types of institutions. Seeking to influence the agenda The nature of the influence has changed…

Amidst the chaos created by “disTrumption”[1] globalization rolls on and international business pursues TESCM, or tax efficient supply chain management. What does this mean for trade and customs? TESCM arises from the OECD BEPS (base erosion and profit shifting)[2] initiative and will continue to drive multinational tax planning. The OECD effort is creating a restructuring…

Licensed premises authorised to hold goods ‘under customs control’ face a number of noteworthy challenges: the licensing regime is rigorous, setting high standards on applicants to operate premises and those employed in the premises and business; the ongoing compliance obligations are time-consuming and difficult, including, reporting of the movements of people and goods at the…

How to prepare to comply From 1 July 2018 food businesses must comply with labelling requirements set out by the Australian Government which aim to provide consumers with greater transparency on the origin of their food. First introduced on 1 July 2016 as the Country of Origin Food Labelling Information Standard 2016 (Standard) the implementation of the Standard…