Category: Custom & Trade

We are pleased to announce that five of our esteemed partners have been recognised in the 17th edition of The Best Lawyers in Australia™.

A version of this article was first published by The DCN in April 2024.

In a recent Customs & Trade alert titled Modernising the trade system, we wrote about some prospective measures which would assist to facilitate and modernise trade. In the article, it was noted one of the areas in which the modernisation was required was in the form of the regulation applying at the border as the compliance burden has continued to increase for those involved in the international supply chain.

The recent collapse of the Francis Scott Key Bridge in Baltimore due to the collision of a container ship, which led to the tragic deaths of six people working on the bridge, has caused some disruption to that part of the international supply chain using the Port of Baltimore.

A version of this article was first published by The DCN in March 2024.

As readers would be aware, ‘compliance’ is a term embedded in the international supply chain. However, it is not exclusively reserved to the international supply chain; it is a term used in every aspect of the commercial world and the laws and other regulations governing the commercial world.

A version of this article was first published by The DCN in February 2024.

Twenty twenty-three was the first full year after the restraints on trade imposed by the covid-19 pandemic and the first full year in power for our new federal government. Many things moved, yet many issues remain unresolved. Trade law expert Andrew Hudson outlines some of the highlights for 2023 and predictions for 2024.

A version of this article was first published by FIATA in January 2024.

The World Trade Organization (WTO) Trade Facilitation Agreement (TFA) came into effect on 22 February 2017 following its ratification by two–thirds of the WTO membership. It is widely recognised for its approach to enhancing trade outcomes which is not wholly dependent on reduction in tariffs or changes to market access but which requires the movement, release, and clearance of goods, including goods in transit. The TFA also includes measures to encourage all agencies operating at the border (including customs agencies) to cooperate on their regulation.

Luckily, Santa uses air cargo for delivery of his presents as international sea cargo experiences new delays, both in the use of the Panama Canal and in movement through the Red Sea and the Suez Canal.

On 13 December 2023, the federal government released its 2023-24 Mid-Year Economic and Fiscal Outlook (MYEFO). While it is a report on progress following the budget from May 2023, in many ways it is also a half-year report card on the economic state of the nation compared to the anticipated outcomes set out in the previous budget. In general terms, the response to this MYEFO has been positive with the economy appearing to be in a better state than had been anticipated.

A version of this article was first published by The DCN in December 2023.

In a media release dated 30 October, Trade Minister Don Farrell confirmed that negotiations with the European Union (EU) had reached an impasse with attempts to conclude negotiations on the free trade agreement (FTA) with the EU in the margins of the G7 meetings in Osaka having failed.

A version of this article was first published by The DCN in November 2023.

The international supply chain is a complicated and expensive space. Aircraft, container and bulk vessels, airports, cargo, port and stevedore infrastructure require massive investments of time and finance to be planned, commissioned, constructed, and put into operation.

Three recent case decisions, two handed down by the Federal Court of Australia (Federal Court) and a third by the Administrative Appeals Tribunal (AAT), will be of interest to those who may deal with sanctions, GST exemptions and customs duty issues relating to proper tariff classification of imported goods.

A version of this article was first published by The DCN in October 2023.

All members of the Australian supply chain are subject to compliance activity by the Australian Border Force (ABF) and other agencies. On many occasions, after a compliance assessment is completed, the ABF will conclude with details of errors and/or duties due to be paid along with reference that an infringement notice (or notices) may also be issued, inviting the recipient to provide reasons why such a notice should not be issued.

One of the key initiatives of the current international reforms in trade facilitation and modernisation is the move to ‘digitise’ the documents used in the supply chain leaving behind centuries of practice relying on use of certain paper documents.

This Note has been reproduced from Practical Law with the permission of the publishers.

As published by Practical Law and reproduced with their permission, this Note authored by Andrew Hudson, Partner – Customs & Trade, outlines the key requirements and considerations for importing goods into Australia, and the legislation and regulations which govern this. It also highlights opportunities for importers to eliminate, minimise, defer, or recover customs duties. The Note explains the government entities responsible for enforcement and the procedures for challenging decisions by the ABF, DAFF, and other agencies operating at the Australian border.

The proposed reforms of the Simplified Trade System Implementation Taskforce (STS Taskforce) have attracted significant attention, largely as a result of the Simplified Trade System Summit, the release of the Simplified Trade System Consultation Paper (which received 29 responses) and, most recently, the publication ‘STS Progress and Opportunities’ released on 29 August 2023.

A version of this article was first published by The DCN in September 2023.

On 20 July 2023, the Productivity Commission (Commission) issued its Trade and Assistance Review 2021-22.

The Customs Legislation Amendment (Controlled Trials and Other Measures) Bill 2022 (The Bill) was passed by the Australian Parliament yesterday, which will now form part of the ‘Simplified Trade System’.

On 1 July 2023, the Australian government established the National Anti-Corruption Commission (NACC) under the National Anti-Corruption Commission Act 2022 (NACC Act) to combat corruption and lack of transparency within the federal government and address growing public concerns about corruption of public officials.

On 1 July 2023, the federal government established the National Anti-Corruption Commission (NACC) as Australia’s new federal anti-corruption body. The creation of this new body with wide-ranging powers was the fulfilment of the Albanese government’s election promise to address transparency and corruption issues within the federal government and its various agencies and institutions.

The European Union (EU) has recently released details on its new proposed customs reforms. The proposed reforms will undoubtedly revolutionise the relationship between customs and the private sector, and involves developing new processes for reporting the movement of goods through the supply chain, placing an emphasis on facilitating trade for trusted parties in the supply chain.

During the recent 2023 G7 Summit held in Hiroshima, Japan, from 19 to 21 May, several participating countries announced a range of new sanctions and export controls to be imposed on Russia, including the United States (US) and United Kingdom (UK).

On 9 May 2023, the Australian Federal Treasurer delivered the Australian Federal Budget for 2023-24 (Budget).

A version of this article was first published by The DCN in February 2023.

Andrew Hudson, Partner of Customs & Trade at Rigby Cooke Lawyers, recently returned from a two-week visit to the European Union (EU), the United Kingdom (UK) and the United States (US). This was Andrew’s first substantive trip overseas since the Covid-19 pandemic. It allowed him to reconnect in person with overseas clients and engage with representatives of the Australian and Victorian governments to discuss initiatives and opportunities overseas.

The Australia-United Kingdom Free Trade Agreement (AUKFTA) is set to commence on 31 May 2023, as announced by the Hon. Anthony Albanese MP, Prime Minister of Australia, during his trip to the United Kingdom yesterday.

A version of this article was first published by The DCN in March 2023.

The international supply chain has experienced significant turmoil across the past few years from the combined effects of the Covid-19 pandemic, the conflict in Ukraine and the trade disputes between China and many developed nations.

Rigby Cooke Lawyers is pleased to announce that six of our esteemed partners across six practice areas have been recognised in the 16th edition of The Best Lawyers in Australia™.

The types of controls imposed on those in the supply chain who are licensed by the Australian Border Force (ABF) or other government agencies is a contentious topic. There has been extensive commentary on the obligations imposed, and the significant increase in obligations imposed, on licensed customs brokers (LCBs).

A version of this article was first published by The DCN in April 2023.

In recent times, the global supply chain has experienced a series of unanticipated strains. The combined effect of the Covid-19 pandemic, shipping congestion, protectionist political actions, lack of product and the conflict in Ukraine caused many in the supply chain to question how global trade may be conducted in the future.

A version of this article was first published by The DCN in March 2023.

The international supply chain has experienced significant turmoil across the past few years from the combined and simultaneous effects of the Covid-19 pandemic, the conflict in Ukraine and the trade disputes between China and many developed nations.

Over the past years, the issue of sanctions globally has come to the forefront of public and government discussion largely due to the ongoing conflict in Ukraine. Many businesses that had never previously encountered the issue were forced to deal with sanctions compliance matters.

On 16 December 2022, Attorney-General Mark Dreyfus announced the federal government’s plan to abolish the Administrative Appeals Tribunal (AAT) and replace it with a new administrative review body. The reasons for the proposed abolition were that the AAT had become too politicised through politically motivated appointments of AAT members, which rendered the tribunal dysfunctional.

A version of this article was first published by The DCN in February 2023.

The Australian Federal Parliament has been busy with several critical issues since coming into office in the second half of 2022, including the introduction of new legislation which will be of interest to many in the Customs & Trade, and Transport industries.

A version of this article was first published by The DCN in January 2023.

The European Commission recently passed legislation that will establish a framework for a trade single window (TSW), which raises the question ‘what is Australia doing?’

A version of this article was first published by The DCN in December 2022.

The Australian and Indian governments have confirmed that they have completed all necessary domestic ratification processes and that the Australia-India Economic Cooperation and Trade Agreement (AI-ECTA) will enter into force on 29 December 2022.

It has been a busy few weeks in the Australian Federal Parliament. The Joint Standing Committee on Treaties (JSCOT) issued its reports on proposed treaty action for the Free Trade Agreement between Australia and the United Kingdom of Great Britain and Northern Ireland (AUKFTA) on 16 November 2022, and for proposed treaty action for the Australia–India Economic Cooperation and Trade Agreement (AI–ECTA) on 18 November 2022.

A version of this article was first published by The DCN in November 2022.

A version of this article was first published by The DCN in November 2022.

With 2022 almost at an end, there are already a few issues arising for licensed customs brokers and freight forwarders going into 2023.

On 25 October 2022, Federal Treasurer Jim Chalmers handed down the Budget of the newly elected Government for 2022-23.

Currently, there is significant work being conducted around the world aimed at modernising and facilitating trade. Part of that work includes attempts to ‘digitise’ the process by moving away from the use of paper-based trading documents in the supply chain and the adoption of ‘blockchain’ processes.

A version of this article was first published by The DCN in October 2022.

Andrew Hudson, Partner in our Customs and Trade practice, discusses the judgements and legal developments addressed at the recent International Forwarders and Customs Brokers Association of Australia (IFCBAA) continuing professional development (CPD) forums.

A version of this article was first published by The DCN in September 2022.

Andrew Hudson, Partner in our Customs and Trade practice, looks at recent reports from the Productivity Commission (PC) on Australia’s trade performance.

The Productivity Commission (PC) has finally released its draft report as part of its inquiry regarding the Australian Maritime Logistics System.

A version of this article was first published by The DCN in August 2022.

New Zealand (NZ) has landed its free trade agreement (FTA) with the European Union (EU) just ahead of Australia’s deal with the EU, writes Customs & Trade law expert Andrew Hudson.

On Friday 5 August 2022, the Productivity Commission (PC) released its results of two major studies which assessed the level of government assistance to trade and industry for 2020-2021, namely the Trade Assistance Review and the Nuisance Costs Research — a separate, although related research paper into the nuisance costs of tariffs.

We have previously written on the difficult position of those operating and working in premises licensed by the Australian Border Force (ABF) for the holding of goods pending entry into home consumption, which goods are still treated as being subject to ‘customs control’.

A version of this article was first published by The DCN in July 2022.

Customs & Trade law expert Andrew Hudson discusses the tightening of the ‘fit and proper’ regime at licensed places.

A version of this article was first published by The DCN in July 2022.

A version of this article was first published by The DCN in June 2022.

It is difficult to determine exactly what may arise now the election has taken place, given that there was minimal commentary on trade and border issues during the election campaign.

A version of this article was first published by The DCN in May 2022.

Andrew Hudson lists the important things the new federal government needs to pay attention to in the international trade space.

A version of this article was first published by The DCN in May 2022.

Customs & Trade law expert Andrew Hudson provides a summary of recent and still-under-negotiation trade pacts and analyses their significance.

Rigby Cooke is pleased to announce that for the third consecutive year, two of our Partners, Andrew Hudson and David McLaughlin, have been included in their respective areas in the Best Lawyers in Australia rankings for 2023.

A version of this article was first published by The DCN in April 2022.

Please note that this was prepared in the middle of March 2022, before our other updates on more recent developments in sanctions and trade controls. It is provided by way of providing more detail on the background on the basis for these measures. 

The war in Ukraine is upending world trade, and there is no sign of an end to the disruption, Andrew Hudson writes.

A version of this article was first published by The DCN on 4 April 2022. This version incudes new and updated information.

I have previously written regarding fundamental changes to Australia’s sanctions regime, from implementing United Nations (UN) sanctions through to the adoption of our own Autonomous Sanctions and more lately, the creation of the new Thematic Sanctions.

A version of this article was first published by The DCN in April 2022.

After a long series of false starts, Australia and India have finally completed the first stage of a two-stage process that will result in a full Australia-India Comprehensive Economic Cooperation Agreement (AICEPA) towards the end of 2022.

On 29 March 2022, the Treasurer handed down the Australian Federal Budget for 2022-23 (Budget).

On 29 March 2022, the Treasurer handed down the Federal Budget for 2022-23.

A version of this article was first published by The DCN in March 2022.

Customs & Trade law expert Andrew Hudson takes a look at the increasing importance of environmental, social and governance (ESG) considerations and the consequences for industry.

The Russian military invasion of Ukraine has met almost universal opposition and condemnation from around the world through commentary, protest and by way of the imposition of economic sanctions and other restrictions by countries, including by Australia.

Rigby Cooke Lawyers’ Partner Andrew Hudson has been recognised by Who’s Who Legal (WWL) for the second consecutive year as a “Recommended Lawyer” in their Global Trade & Customs list 2021.

A version of this article was first published by The DCN in February 2022 as part of the 130th Anniversary of its first edition.

Customs & Trade lawyer Andrew Hudson takes a look at how the laws governing trade in Australia have grown and changed over the years.

A version of this article was first published by The DCN in January 2022.

Andrew Hudson explains what the thematic sanctions reforms passed by the Australian Parliament means for your business.

Back in June 2021, I provided an update regarding the release of the “Agreement in Principle” between Australia and the United Kingdom (UK) as to the proposed content of the Australia-United Kingdom Free Trade Agreement (AUKFTA). The intent of releasing the “Agreement in Principle” was to demonstrate early outcomes from negotiations for the AUKFTA and maintain interest in both countries.

A version of this article was first published in DCN Magazine in December 2021.

Customs & Trade law expert Andrew Hudson takes a deep dive into what developments are on the horizon for the new year.

We have previously written on the topic of legislation and practice overseas (especially the United States) enabling goods produced by “forced labour” to be seized at the border and destroyed.

Many people look forward to a new year as a time for celebration. However, for importers and exporters and their service providers, including licensed customs brokers and freight forwarders, the start of the 2022 new year is a time to pay close attention to some significant changes to their regulatory regime.

Many of you would be aware that one of my professional dreams is for the Customs Act 1901 (Act) to be replaced with a new version written to modern regulatory standards. Those affected would not be relying on legislation whose origins stretch back to Federation (and even from the States Customs Acts before Federation).

This article was first published in October by The Daily Cargo News.

The fact that the Regional Comprehensive Economic Partnership Agreement (RCEP) has survived the COVID-19 pandemic and the apparent shift towards enhanced protectionism indicates that the parties still believe that there is merit in a rules-based multilateral agreement to facilitate trade.

Have you ever read something and thought, “I’m not sure what that means” or “is that really correct”? Welcome to our series of quickfire interviews that attempt to unravel those interesting words and phrases.

In this edition, we speak to Customs & Trade Partner Andrew Hudson who talks to us about the word he finds interesting, smuggling.

Many of those in industry will remember the controversy associated with the introduction of Goods and Services Tax (GST) on “low-value import transactions” (LVT) on consignments three years ago.

This article was first published in July 2021 by DCN.

Andrew Hudson takes us on a deep dive into the Australia-UK Free Trade Agreement (AUKFTA), examining what it means for Aussie importers and exporters.

This article was first published on 5 August 2021 by DCN.

Only a Customs & Trade lawyer nerd who also happens to be a sports tragic would start to think about whether customs duty or Goods and Services Tax is payable on Olympic medals when brought into Australia. It would be unfortunate for the winners of the medals to try and establish the value of the medals and then whether customs duty is payable.

This article was first published in July 2021 by The Daily Cargo News.

Customs & Trade law specialist Andrew Hudson offers some thoughts on the compliance focus of some of Australia’s border agencies.

This article was first published in June 2021 by Thomson Reuters Canada.

Despite the optimism surfacing in some quarters that the world and its economy are recovering from the COVID-19 Pandemic, recovery is far from complete and the consequences will continue to affect the world for many years. This article provides some insight into how Australia’s trade has coped and the shape of its recovery – with a little help from its friends.

This article was first published on 22 June 2021 by Daily Cargo News.

Concerns for human rights have manifested themselves in many ways over the course of many years and led to a range of responses over that time, whether by unilateral national action or collective international action through such bodies as the United Nations Human Rights Council.

Following a flurry of negotiations and carefully worded press releases, Australia and the United Kingdom (UK) have finally confirmed the outline of their agreement on a Free Trade Agreement (FTAs) between the two nations.

This article was first published in June 2021 by Daily Cargo News.

Customs & Trade law expert Andrew Hudson takes a close look at the latest Federal budget, with a focus on how it will affect industry.

This article was first published on 20 May 2021 by Daily Cargo News.

Against the background of concerns on the Federal Government’s trade facilitation agenda, the last two Federal budgets have allocated funding towards work on a “Simplified Trade System” (STS) to operate across Government agencies involved in the import and export of goods.

This article was first published in May 2021 by Daily Cargo News.

Trade law expert Andrew Hudson argues that free-trade agreements are increasingly not just about trade, they also address societal issues, and this is a good thing.

The COVID–19 Pandemic has created many unusual outcomes. One of those was the delay of the May 2020 Australian Federal Budget until October 2020 which included a series of measures aimed at management of the economy in the face of the Pandemic and forecasting future deficits.

Rigby Cooke is pleased to announce that two of our partners, Andrew Hudson and David McLaughlin, have again been included in the Best Lawyers in Australia rankings for 2022. Best Lawyers is a highly regarded, peer reviewed publication with over 30 years of history.

This article was first published in April 2021 by Daily Cargo News.

The world continues to struggle with the practical consequences of congestion in the supply chain and governments are initiating reviews into supply chain vulnerabilities and how they may be addressed. However, it remains important that we do not overlook other initiatives to facilitate trade which may have been stalled by the focus on the more immediate problems of the global pandemic.

This article was first published in March 2021 by Daily Cargo News.

The tariff classification of goods is a crucial part of the international supply chain, as it applies to goods at the point of import and export and can affect a number of vital issues such as whether goods are allowed to be imported or exported at all, the duty payable at the point of import and whether dumping or countervailing duty is payable.

The release of the “Interim Government Response” (Response) to the independent review of the Victorian Ports System Review (Review) on 26 February 2021 comes at a time when there is ongoing attention on the state, national and international supply chains.

Rigby Cooke Lawyers’ Partner, Andrew Hudson has been recognised by Who’s Who Legal as a “Recommended Lawyer” in their Global Trade & Customs list 2020.

On 19 February 2021, the Federal Treasurer requested the Productivity Commission (Commission) undertake an independent review (Review) “into supply chain vulnerabilities and risks” to “ensure that the Australian economy is prepared for “possible supply chain disruptions”.

This article was first published in February 2021 by Daily Cargo News.

Even as the world struggles with the health issues from the pandemic, those relying on the supply chain are facing a variety of problems, which collectively are creating additional delays, cost and uncertainty. None of these factors will assist with economic recovery, or the distribution of vaccines and other medical products being used to deal with the pandemic. Further, the economic benefits of a reduction in tariffs through Free Trade Agreements and other trade facilitation measures are being eroded by problems and costs in the supply chain.

This article was first published in January 2021 by Daily Cargo News.

Back in October 2020, the federal government released its proposed budget for the 2020/2021 financial year. As usual, most of the details had been formally announced or “leaked” but it is worth paying attention to a few issues.

This article was first published in December 2020 by Daily Cargo News.

Just when we thought that the most complex thing affecting our trade relationship with the European Union (EU) was how Brexit was going to be effected and how the free trade agreement was going to be completed, other developments are quickly coming into play which may make the position even more complicated.

On 3 December 2020, the Government introduced a new Bill into the Federal Parliament known as the Customs Tariff Amendment (Incorporation of Proposals and Other Measures) Bill 2020 (Bill).

This article was first published in November 2020 by Daily Cargo News.

I was invited by the American Bar Association (ABA) to prepare a chapter on the Australian sanctions regime for inclusion in an ABA publication on comparative sanctions regimes. As I provide advice on sanctions to clients and have an interest in my capacity as a director of the Export Council of Australia, it was a pleasure to accept and spend some time trying to reduce the complex issues both in Australia and overseas.

This article was first published in November 2020 by Daily Cargo News.

Recent news on the international trade stage has been less than optimistic – especially for those Australian exporters who are held up by ongoing Chinese trade bans on some of our primary products and resources.

It appears to be a direct consequence of some diplomatic disagreements but, to date, falls short of a full trade war.

According to most officials, we appear to have a winner in the United States (US) election with the announcement of the success of the Biden/Harris ticket.

This article was first published in October 2020 by Daily Cargo News.

For many years, disputes on trade have led to actual warfare. “Send a gunboat”, was often cited as part of British foreign policy when trade was at risk. Think of the British and French Opium Wars with the Chinese Qing Dynasty which led to the opening of additional European jurisdiction over Chinese ports including Guangzhou and Shanghai and the concession over Hong Kong in favour of the British.

On Tuesday 6 October 2020, the Federal Government released its proposed budget for 2020-21, together with forward estimates of future receipts and expenses. As usual, most of the details had previously been formally announced or “leaked” previously but it is worth paying attention to a few issues. In doing so I have borrowed shamelessly from the exact words from the relevant budget text to ensure accuracy and only added additional commentary when the issue warrants that additional attention.

This article was first published in September 2020 by Daily Cargo News.

It seems counterintuitive but even as Australia struggles out of recession and pandemic, a number of lines have determined that the state of services through Port Botany, Sydney, require the imposition of an additional ‘congestion charge’ for a variety of reasons including the lack of overtime resulting from legally protected industrial action by stevedore employees at Port Botany.

This article was first published in September 2020 by Daily Cargo News.

One of the stories from the COVID–19 pandemic has been the surging numbers of goods being moved through e-commerce. The forced levels of isolation have caused consumers and corporates to resort to purchasing even more goods than ever online seeking urgent delivery.

This article was first published in August 2020 by Daily Cargo News.

The Australian Commonwealth Constitution (the Commonwealth) has an interesting history including its development through a series of Constitutional Conventions between the representative of state governments and other interested parties.

This article was first published in August 2020 by The Daily Cargo News.

In many countries, some participants in the private supply chain are licensed by government to undertake their roles.

This article was first published in August 2020 by AMT Magazine.

During the current pandemic, the focus of many has been on the manufacture of medical equipment required for the treatment of COVID-19 and their urgent movement through the international supply chain.

As an island nation, Australia has always relied heavily on its ports, their wharves and other facilities as well as the associated land–side infrastructure including rail and road access, stevedore operations and empty container parks. Much of the national and international supply chain relies on the efficient operation of the sector.