Bill
Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018
passed, as at 2018-10-19. Law Enforcement and Cyber Security portfolio.
- Sponsor
- Not recorded
- Portfolio
- Law Enforcement and Cyber Security
Recorded stages
- introduced — 2018-08-23
- second reading — 2018-08-23
- second reading — 2018-09-13
- second reading — 2018-09-17
- second reading — 2018-09-17
- committee — 2018-09-17
- third reading — 2018-09-17
- introduced — 2018-09-18
- second reading — 2018-09-18
- second reading — 2018-10-15
- second reading — 2018-10-15
- committee — 2018-10-15
- committee — 2018-10-16
- committee — 2018-10-17
- third reading — 2018-10-17
- passed — 2018-10-17
- royal assent — 2018-10-19
Divisions
- The same number of MPs voted for and against a motion to change the usual [second reading motion](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html), which is "that the bills be read a second time" (or, in other words, "that the MPs agree with the main idea of the bill"). This means that the usual second reading motion will remain unchanged, since in cases like this when a majority isn't formed, the Speaker votes to keep things unchanged - which in this case, means voting "no". ### Motion text > *That all words after "That" be omitted with a view to substituting the following words:* > *"whilst not declining to give the bill a second reading, the House notes that:* > *(1) the Coalition Government has waived labour market testing for contractual service suppliers for six new countries in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as well as including investor state dispute settlement mechanisms which Labor does not support; and* > *(2) Labor believes the way Australia negotiates trade agreements needs to change, and a Labor Government will:* >> *(a) seek to remove ISDS provisions from existing free trade agreements and legislate so that a future Australian government cannot sign an agreement with such provisions;* >> *(b) seek to reinstate labour market testing for contractual service suppliers in existing free trade agreements and legislate so that a future Australian government cannot waive labour market testing in new agreements;* >> *(c) legislate that all new free trade agreements would be subject to an independent national interest assessment before it is signed to examine the economic, strategic and social impact of any new trade agreement;* >> *(d) legislate to create an Accredited Trade Advisors program where industry, union and civil society groups would provide real time feedback on draft trade agreements during negotiations; and* >> *(e) strengthen the role of the Parliament in trade negotiations by increasing th — 2018-09-17, House of Representatives: negative, ayes 71, noes 73
- The majority voted against a motion moved by Labor Senator [Kim Carr](https://theyvoteforyou.org.au/people/senate/victoria/kim_carr), which means it failed. It would have amended the usual [second reading motion](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html), which is that the majority agree with the main idea of the bill (or, in parliamentary jargon, that they agree to read the bills a second time). ### Motion text > *At the end of the motion, add:* > *", but the Senate:* > *(a) acknowledges that this preferential trade agreement cannot be amended by these bills, only accepted or rejected;* > *(b) is of the opinion that:* >> *(i) the way Australia negotiates trade agreements of this type needs to change,* >> *(ii) the role of Parliament in trade negotiations should be strengthened by increased oversight of trade negotiations by the Joint Standing Committee on Treaties, including providing the committee with:* >>> *(A) the government's statement of objectives for negotiation for consideration and feedback, and* >>> *(B) regular briefings at the conclusions of each round of negotiations; and* > *(3) calls on the Australian government to:* >> *(i) seek to remove Investor State Dispute Settlement (ISDS) mechanisms and reinstate labour-market testing for contractual service suppliers in existing trade agreements,* >> *(ii) ensure that future governments are prevented, by legislation, from including ISDS mechanisms or waiving labour-market testing in future trade agreements,* >> *(iii) establish an accredited trade advisers program to allow industry, unions and civil society groups to provide real-time feedback on draft trade agreements during negotiations,* >> *(iv) subject all new trade agreements to an independent national interest assessment to examine economic, strategic and social impacts before they are signed,* >> *(v) enforce mandatory skills testing in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and all fut — 2018-10-15, Senate: negative, ayes 18, noes 38
- Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and another - Second Reading - Postpone consideration — 2018-10-15, Senate: negative, ayes 8, noes 48
- Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 - Second Reading - Agree with bills' main idea — 2018-10-15, Senate: affirmative, ayes 36, noes 13
- Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 - in Committee - Commencement — 2018-10-16, Senate: negative, ayes 14, noes 29
- Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 - in Committee - Commencement — 2018-10-17, Senate: negative, ayes 14, noes 33
- The majority voted against an [amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6165_amend_cfb330f7-2aba-4c8c-8add-68a02859706d%22;rec=0) introduced by Senator [Sarah Hanson-Young](https://theyvoteforyou.org.au/people/senate/sa/sarah_hanson-young), which means it failed. Senator Hanson-Young [explained her amendment](https://www.openaustralia.org.au/senate/?gid=2018-10-17.81.1): > *this amendment ensures that any need for funds to fight an [ISDS clause](https://en.wikipedia.org/wiki/Investor-state_dispute_settlement) would have to come before the parliament. It also ensures that there is proper transparency around how taxpayer funds are being spent in defending our sovereignty and our laws and regulations against multinationals. Given we now have a TPP agreement with locked-in ISDS provisions, it is absolutely essential that the Australian people know what this is costing us and what the impact is, and that transparency prevails. This is about ensuring that the government can't paper over what they've just agreed to; that the Labor Party, either in opposition or in government, can't pretend that this isn't having a chilling effect; and that taxpayer money being spent on it is accounted for, and sunlight is shone in places where, we know, both sides of this place would prefer it not to be.* ### What do these bills do? The [bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6165) was introduced along with [another](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6166) to implement the [Comprehensive and Progressive Agreement for Trans-Pacific Partnership](https://en.wikipedia.org/wiki/Comprehensive_and_Progressive_Agreement_for_Trans-Pacific_Partnership) (TPP-11). Their basic purpose is to implement the customs dimensions of the TPP-11 Agreement by making relevant amend — 2018-10-17, Senate: negative, ayes 13, noes 26
- Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and another - in Committee - Sunset clause — 2018-10-17, Senate: negative, ayes 13, noes 24
- Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and another - Third Reading - Pass the bills — 2018-10-17, Senate: affirmative, ayes 33, noes 15
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2018-08-23.
The bill would create new rules for determining which imported goods qualify for lower customs duties under the TPP-11 trade agreement.
It would amend the Customs Act 1901 to let eligible goods receive preferential duty rates, and would place obligations on exporters and manufacturers who claim those rates.
The 2018-19 Budget estimated no extra cost for implementing the TPP-11, while the 2016-17 Budget had forecast a $195 million reduction in customs duty collections over the forward estimates.
- Introduces new rules of origin for goods imported from TPP-11 parties.
- Allows eligible goods to enter Australia at preferential customs duty rates.
- Imposes obligations on exporters and manufacturers claiming preferential duty rates.
Importers, exporters, and manufacturers of goods traded with TPP-11 parties, as well as the Australian Customs and Border Protection Service.
Sources
em
billhome
frl act