Schedule 1: Exclusions
In accordance with Part VII of the Arrangement, the following laws will be subject to Exclusion to the extent that they are covered by the mutual recognition principle as set out in paragraph 4.1.2:
Australia
Customs Controls and Tariffs
Prohibited Imports
Customs (Prohibited Imports) Regulations.
Commerce (Trade Descriptions) Act 1905.
Any other laws of the Commonwealth to the extent that they provide for the prohibition or restriction
of imports and would be affected by the mutual recognition principle as set out in paragraph 4.1.2.
Tariffs
Customs Tariff Act 1987.
Customs Act 1901, Part XVB.
Customs Tariff (Anti-Dumping) Act 1975
Intellectual Property (Including Obligations under the Paris Convention of 20 March 1983 for the Protection of Industrial Property)
Patents Act 1990.
Trade Marks Act 1995.
Designs Act 1906.
Olympic Insignia Protection Act 1987.
Scout Association Act 1924.
Defence (Transitional Provisions) Act 1946.
Defence Transition (Residual Provisions) Act 1952.
Plant Breeders' Rights Act 1994.
Copyright Act 1968.
Circuit Layouts Act 1989.
Ambush Marketing Bill 1995.
Unauthorised Documents Act 1922 (New South Wales).
Unauthorised Documents Act 1958 (Victoria).
Badge, Arms, Floral and other Emblems of Queensland Act 1959-81 (Queensland).
Unauthorised Documents Act 1916 (South Australia).
Armorial Bearings Protection Act 1979 (Western Australia).
Unauthorised Documents Act 1986 (Tasmania).
City of Canberra Arms Act 1932 (Australian Capital Territory).
Flags and Emblem Act 1985 (Northern Territory).
Other International Obligations
Convention on International Trade in Endangered Species of Wild Fauna and Flora as implemented
by the Wildlife Protection (Regulation of Exports and Imports) Act 1982, sections 21 and 22.
Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal
1989 as implemented by the Hazardous Waste (Regulation of Exports and Imports) Act 1989, sections
12, 14, 15, 17, 18B, 20, 24-31, 34 and 39.
Charter of the United Nations (as it relates to the imposition of UN Sanctions) as implemented by the:
Charter of the United Nations Act 1945, section 6;
Air Navigation Act 1920, section 26;
Banking Act 1959, section 71;
Migration Act 1958, sections 31(3), 116(1)(g) and 504; and
Customs Act 1901, section 50.
United Nations Educational, Scientific and Cultural Organisation (UNESCO) Convention Regulating the International Trade in Cultural Property 1970 as implemented by the Protection of Movable Cultural Heritage Act 1986.
European Union-Australia Wine Agreement - Protection of Certain Names and Expressions as implemented by the Australian Wine and Brandy Corporation Act 1980 (as amended) Part VIB and Part VIA (Label Integrity Programme). Australian Wine and Brandy Corporation Regulations, Parts 3 and 4.
Taxation Law
Sales Tax Assessment Act 1992.
Sales Tax (Exemption and Classification) Act 1992.
Laws of a State imposing or providing for the imposition of taxation, including stamp duties, and providing for business licences.
New Zealand
Customs Controls and Tariffs
Prohibited Imports
Customs Act 1966, section 48 and Schedule 1 (Prohibited Imports).
Fair Trading Act 1986, section 26 (goods bearing false trading descriptions deemed to be prohibited
imports).
Any other law of New Zealand to the extent that it provides for the prohibition or restriction of imports
and would be affected by the mutual recognition principle as set out in paragraph 4.1.2.
Tariffs
Tariff Act 1988.
Dumping and Countervailing Duties Act 1988.
Temporary Safeguard Authorities Act 1987.
Intellectual Property (Including Obligations under the Paris Convention of 20 March 1983 for the Protection of Industrial Property)
Patents Act 1953.
Trade Marks Act 1953.
Designs Act 1953.
Plant Variety Rights Act 1987.
Copyright Act 1994.
Layout Designs Act 1994.
Geographical Indications Act 1994.
Flags, Emblems and Names Protection Act 1981.
Geneva Conventions Act 1958, section 8 (protection of Red Cross emblem).
The Commonwealth Games Symbol Protection Act 1974.
Other International Obligations
Convention on International Trade in Endangered Species of Wild Fauna and Flora as implemented by the Trade in Endangered Species Act 1989 and the Wildlife Act 1953.
Charter of the United Nations as implemented by the United Nations Act 1946.
Taxation Law
Goods and Services Tax Act 1985.
Gaming Duties Act 1971.
Stamp and Cheque Duties Act 1971.
Estate and Gift Duties Act 1968.
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