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In forceAmended2020 Revised Edition

Part 3 · Trade Information Certificates

10I. Regulations for purposes of Part 3

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Amended

Last amended by an amending law of 2025.

(1)

The Minister may make regulations for the purposes of this Part.

(2)

Without limiting subsection (1), the Minister may make regulations to provide for —

(a)

any other requirement that a person must satisfy to be authorised as an authorised certificate issuer, in addition to section 10B(3);

(b)

the duties and responsibilities of authorised certificate issuers in relation to the issue of trade information certificates, including requiring them to —

(i)

keep proper and accurate records of prescribed particulars, information and documents for a prescribed period, including a period required under any preferential tariff arrangement or agreement that is relevant to the trade information certificate concerned; and

(ii)

provide (including on a periodic basis) any particulars, information or document mentioned in sub‑paragraph (i) to the Director‑General on the Director‑General’s request;

(c)

the applications to be made to the Director-General or an authorised certificate issuer authorised under section 10A(2)(a) for any trade information certificate;

(d)

the duties and responsibilities of persons to whom trade information certificates have been issued in relation to those trade information certificates, including requiring them to —

(i)

keep proper and accurate records of prescribed particulars, information and documents for a prescribed period, including a period required under any preferential tariff arrangement or agreement that is relevant to the trade information certificate concerned; and

(ii)

provide (including on a periodic basis) any particulars, information or document mentioned in sub‑paragraph (i) to the Director-General on the Director‑General’s request;

(e)

the circumstances under which the Director-General and any authorised certificate issuer may issue any trade information certificate;

(f)

the conditions to be attached to the issue of a trade information certificate, including conditions as may be determined by the Director-General (for trade information certificates issued by the Director-General) or authorised certificate issuer (for trade information certificates issued by an authorised certificate issuer);

(g)

the cancellation by the Director-General or an authorised certificate issuer at any time (without compensation) of any trade information certificate, including the cancellation by the Director‑General of a trade information certificate issued by an authorised certificate issuer;

(h)

the fees and charges for the purposes of this Part, and the manner, method and time of their payment, including fees and charges for —

(i)

an application for, or for the renewal of, an authorisation as an authorised certificate issuer;

(ii)

an authorisation, or the renewal of an authorisation, as an authorised certificate issuer;

(iii)

an application for any trade information certificate made to the Director-General or an authorised certificate issuer authorised under section 10A(2)(a); and

(iv)

the issue of any trade information certificate by the Director‑General or an authorised certificate issuer authorised under section 10A(2)(a),including that the amount of any fee or charge payable to an authorised certificate issuer authorised under section 10A(2)(a), and the manner and method of its payment, are to be determined by the authorised certificate issuer; and

(i)

anything which may be or is required to be prescribed.

(3)

Regulations made under subsection (2)(a), (b), (h)(i) and (ii) and (i) may make different provisions for different classes of authorised certificate issuers according to —

(a)

the classes, descriptions or types of trade information certificates that they may issue; or

(b)

the classes, descriptions or types of goods in respect of which they may issue trade information certificates.

(4)

Regulations made under subsection (2)(c) to (g), (h)(iii) and (iv) and (i) may make different provisions for —

(a)

different classes, descriptions or types of trade information certificates; or

(b)

the different classes, descriptions or types of goods in respect of which a trade information certificate may be issued.

(5)

Regulations made under subsection (2)(h) may provide for —

(a)

the refund of all or part of the fees or charges paid for the authorisation, or renewal of authorisation, of a person as an authorised certificate issuer; or

(b)

the refund of all or part of the fees or charges paid for the issue of any trade information certificate, including that a refund may be given in such circumstances as may be determined by the authorised certificate issuer to whom they are paid.

(6)

Regulations made by the Minister under subsection (1) may prescribe offences for the breach of any regulation and prescribe the punishment for those offences, which must not exceed —

(a)

in respect of a first offence — a fine not exceeding $100,000 or (as applicable) 3 times the value of the goods to which the offence relates, whichever is greater, or with imprisonment for a term not exceeding 2 years or with both; and

(b)

in respect of a second or subsequent offence — a fine not exceeding $200,000 or (as applicable) 4 times the value of the goods to which the offence relates, whichever is greater, or with imprisonment for a term not exceeding 3 years or with both.

(7)

All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.

Report

Part 4

Enforcement and Monitoring Compliance

Part 5

Appeals

Part 6

Miscellaneous