Australia - China FTA (2015)
Previous page Next page

The Parties shall undertake a general review of the Agreement, with a view to furthering its objectives, within three years of the date of entry into force of this Agreement and at least every five years thereafter unless otherwise agreed by the Parties. The review shall include, but not be limited to, consideration of deepening liberalisation and further expansion of market access.

Article 16.6. Measures to Safeguard the Balance-of-payments

1. Where a Party is in serious balance-of-payments and external financial difficulties or under threat thereof, it may:

(a) in the case of trade in goods, in accordance with GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement, adopt restrictive import measures;

(b) in the case of trade in services, adopt or maintain restrictions on trade in services in respect of which it has undertaken specific commitments, including on payments or transfers for transactions related to such commitments; and

(c) in the case of investments, adopt or maintain restrictions on payments or transfers related to covered investments as defined in Article 9.1 of Chapter 9 (Investment).

2. Restrictions adopted or maintained under subparagraphs 1(b) or (c) shall:

(a) be consistent with the IMF Articles of Agreement;

(b) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;

(c) not exceed those necessary to deal with the circumstances described in paragraph 1;

(d) be temporary and be phased out progressively as the situation specified in paragraph 1 improves; and

(e) be applied on a non-discriminatory basis such that the other Party is treated no less favourably than any non-party.

3. In determining the incidence of such restrictions, a Party may give priority to economic sectors which are more essential to its economic development. However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular sector.

4. Any restrictions adopted or maintained by a Party under paragraph 1, or any changes therein, shall be notified promptly to the other Party.

5. The Party adopting or maintaining any restrictions under paragraph 1 shall commence consultations with the other Party in order to review the restrictions applied by it.

Article 16.7. Competition Cooperation

1. The Parties recognise the importance of cooperation and coordination to further the promotion of competition, economic efficiency, consumer welfare and the curtailment of anticompetitive practices.

2. The competition authorities of the Parties shall cooperate and coordinate, as appropriate, in enforcing competition laws and policies subject to each Party's confidentiality requirements, including through:

(a) the exchange of information;

(b) notification;

(c) coordination of cross-border enforcement matters and the exchange of views in cases which are subject to the common review of both Parties; and

(d) technical cooperation.

3. The cooperation referred to in paragraph 2 may be promoted through new or existing mechanisms for cooperation between the competition authorities of the Parties.

4, Without prejudice to the independence of the Parties' competition authorities, the Parties agree to cooperate under this Article in accordance with their respective laws, regulations and procedures, and within their reasonably available resources.

Article 16.8. Government Procurement

The Parties shall commence negotiations on government procurement as soon as possible after the completion of negotiations on the accession of China to the Agreement on Government Procurement, contained in Annex 4 to the WTO Agreement, with a view to concluding, on a reciprocal basis, commitments on government procurement between the Parties.

Chapter 17. Final Provisions

Article 17.1. Annexes

The Annexes to this Agreement constitute an integral part of this Agreement.

Article 17.2. Entry Into Force

This Agreement shall enter into force 30 days after the date on which the Parties exchange through diplomatic channels written notifications certifying that they have completed their respective necessary internal requirements, or on such other date as the Parties may agree.

Article 17.3. Amendments

1. The Parties may agree in writing to amend this Agreement. Any amendment shall enter into force in accordance with the procedures required for entry into force of this Agreement.

2. If any provision of the WTO Agreement or any other agreement to which both Parties are party that has been incorporated into this Agreement is amended, the Parties shall consult on whether to amend this Agreement, unless this Agreement provides otherwise.

Article 17.4. Termination

1. This Agreement shall remain in force unless either Party notifies the other Party in writing to terminate this Agreement. Such termination shall take effect 180 days following the date of receipt of the notification.

2. Within 30 days of a notification under paragraph 1, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect on a later date than provided under paragraph 1. Such consultations shall commence within 30 days of a Party's delivery of such request.

Article 17.5. Authentic Texts

This Agreement is done in duplicate in the Chinese and English languages. Both texts of this Agreement shall be equally authentic.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE at Canberra on this 17th day of June in the year 2015 in the English and Chinese languages.

FOR THE GOVERNMENT OF AUSTRALIA:

FOR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA:

Attachments

ANNEX III.

Part 1. Schedule of Non-conforming Measures

Referred to in Chapter 8 (Trade in Services) and Chapter 9 (Investment)

Schedule of australia

Section A.

Introductory Notes

1. Section A of the Schedule of Australia sets out, pursuant to Article 8.9 (Schedule of Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 9.5 (Non- Conforming Measures) of Chapter 9 (Investment), Australia's existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 8.11 (Market Access) of Chapter 8 (Trade in Services);

(b) Article 8.10 (National Treatment) of Chapter 8 (Trade in Services) or Article 9.3 (National Treatment) of Chapter 9 (Investment); or

(c) Article 8.12 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services) or Article 9.4 (Most-Favoured-Nation Treatment) of Chapter 9 (Investment).

Note 1: Commitments on measures with respect to or relating to trade in financial services are undertaken subject to the limitations and conditions set forth in Chapter 8 (Trade in Services), Annex 8-B (Financial Services) and Chapter 9 (Investment), these Introductory Notes and the Schedule below.

Note 2: To clarify Australia's commitment with respect to Article 8.11 (Market Access) of Chapter 8 (Trade in Services), enterprises supplying financial services and constituted under the laws of Australia are subject to non-discriminatory limitations on juridical form. (1)

Note 3: Without prejudice to other means of prudential regulation of cross-border trade in financial services, Australia reserves the right to require the non-discriminatory licensing or registration of cross-border

(a) Article 8.11 (Market Access) of Chapter 8 (Trade in Services);

(b) Article 8.10 (National Treatment) of Chapter 8 (Trade in Services) or Article 9.3 (National Treatment) of Chapter 9 (Investment); or

(c) Article 8.12 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services) or Article 9.4 (Most-Favoured-Nation Treatment) of Chapter 9 (Investment).

Note 1: Commitments on measures with respect to or relating to trade in financial services are undertaken subject to the limitations and conditions set forth in Chapter 8 (Trade in Services), Annex 8-B (Financial Services) and Chapter 9 (Investment), these Introductory Notes and the Schedule below.

Note 2: To clarify Australia's commitment with respect to Article 8.11 (Market Access) of Chapter 8 (Trade in Services), enterprises supplying financial services and constituted under the laws of Australia are subject to non-discriminatory limitations on juridical form.1

Note 3: Without prejudice to other means of prudential regulation of cross-border trade in financial services, Australia reserves the right to require the non-discriminatory licensing or registration of cross-border financial service suppliers of China and of financial instruments in accordance with Article 3 (Domestic Regulation) of Annex 8-B (Financial Services).

Note 4: Australia reserves the right to adopt or maintain non-discriminatory limitations concerning admission to the market of new financial services where such measures are required to achieve prudential objectives. Australia may determine the institutional and juridical form through which a new financial service may be supplied and may require authorisation for the supply of the service. Where authorisation to supply a new financial service is required, the authorisation may only be refused for prudential reasons.

(1) For example, partnerships and sole proprietorships are generally not acceptable juridical forms for authorised depository institutions in Australia. This note is not itself intended to affect, or otherwise limit, a choice by a financial service supplier of the other Party between branches or subsidiaries.

2. Each Schedule entry sets out the following elements:

(a) "Sector" refers to the sector for which the Schedule entry is made;

(b) "Obligations Concerned" specifies the obligation(s) referred to in paragraph 1 that, pursuant to Article 8.9 (Schedule of Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 9.5 (Non- Conforming Measures) of Chapter 9 (Investment) do not apply to the listed measure(s);

(c) "Level of Government" indicates the level of government maintaining the listed measure(s);

(d) "Source of Measure" means the laws, regulations or other measures that are the source of the non-conforming measure for which the Schedule entry is made. A measure cited in the "Source of Measure" element:

(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement; and

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure;

(e) "Description" sets out the non-conforming measure for which the Schedule entry is made.

Note 1: In accordance with Article 8.9 (Schedule of Non-Conforming Measures) and Article 9.5 (Non-Conforming Measures) of Chapter 9 (Investment), the articles of this Agreement specified in the "Obligations Concerned" element of an entry do not apply to the non- conforming measure identified in the "Description" element of that entry.

Note 2: A reference to Market Access in the "Obligations Concerned" element of an entry specifies Australia's obligations under Article 8.11 (Market Access) of Chapter 8 (Trade in Services).

Note 3: A reference to National Treatment in the "Obligations Concerned" element of an entry specifies Australia's obligations under Article 8.10 (National Treatment) of Chapter 8 (Trade in Services) and Article 9.3 (National Treatment) of Chapter 9 (Investment).

Note 4: A reference to Most-Favoured-Nation in the "Obligations Concerned" element of an entry specifies Australia's obligations under Article 8.12 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services) and Article 9.4 (Most-Favoured-Nation Treatment) of Chapter 9 (Investment).

3. Australia reserves the right to maintain and to add to this Schedule any non- conforming measure at the regional level of government that existed at 1 January 2005, but was not listed in this Schedule at the date of entry into force of this Agreement, against the following obligations:

(a) Article 8.10 (National Treatment) of Chapter 8 (Trade in Services) and Article 9.3 (National Treatment) of Chapter 9 (Investment); or

(b) Article 8.12 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services) and Article 9.4 (Most-Favoured-Nation Treatment) of Chapter 9 (Investment).

1.

Sector: All Sectors

Obligations Concerned: Market Access National Treatment

Level of Government: Central and Regional

Source of Measure: Australia's foreign investment policy, which includes the Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulations 1989 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth) and Ministerial Statements. Land Act 1994 (Qld); Foreign Ownership of Land Register Act 1988 (Qld)

Description: Commonwealth

A. The following investments (2) may be subject to objections by the Australian Government and may also require notification to the Government: (a) investments by foreign persons (3) of five per cent or more in the media sector, regardless of the value of the investment;

(b) investments by foreign persons in existing (4) Australian businesses, or prescribed corporations,(5) the value of whose assets exceeds 252 million (6) Australian Dollars in the following sectors:

(2) "Investments" means activities covered by Part II of Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) or, where applicable, ministerial statements on foreign investment policy. Funding arrangements that include debt instruments having quasi-equity characteristics will be treated as direct foreign investment.
(3) A "foreign person" means, as defined in section 5 of the FATA: (a) a natural person not ordinarily resident in Australia; (b) a corporation in which a natural person not ordinarily resident in Australia or a foreign corporation holds a controlling interest; (c) a corporation in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate controlling interest; (d) the trustee of a trust estate in which a natural person not ordinarily resident in Australia or a foreign corporation holds a substantial interest; or (e) the trustee of a trust estate in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate substantial interest.
(4) For the purposes of this entry, "existing" means in existence at the time the investment is proposed or made.
(5) For the purposes of this entry, "prescribed corporation" means: (a) a trading corporation; (b) a financial corporation; (c) acorporation incorporated in a Territory under the law in force in that Territory relating to companies; (d) a foreign corporation that, on its last accounting date, held assets the sum of the values of which exceeded 252 million Australian Dollars (for item (b) of the entry) or 1094 million Australian Dollars (for item (c) of the entry), being assets consisting of all or any of the following: (i) land situated in Australia (including legal and equitable interests in such land); (ii) mineral rights; (iii) shares in a corporation incorporated in Australia; (e) a foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of the Australian corporation or Australian corporations exceeded 252 million Australian Dollars (for item (b) of the entry) or 1094 million Australian Dollars (for item (c) of the entry); (f) a corporation that was, on its last accounting date, a holding corporation of a foreign corporation referred to in paragraph (d) or (e) of this footnote; (g) a foreign corporation that, on its last accounting date, held assets of a kind or kinds referred to in paragraph (d) of this footnote, where the sum of the values on that date of those assets was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation; or (h) a foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of that Australian corporation or those Australian corporations was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation.
(6) This is the figure as at 1 January 2015. To be indexed on 1 January each year to the GDP implicit price deflator in the Australian National Accounts for the previous financial year. If the Agreement has not entered into force by 1 January 2016, this figure will be indexed on the date of entry into force.

i) the telecommunications sector;

(ii) the transport sector, including airports, port facilities, rail infrastructure, international and domestic aviation and shipping services provided either within, or to and from, Australia;

(iii) the supply of training or human resources, or the manufacture or supply of military goods, equipment, or technology, to the Australian or other defence forces;

(iv) the manufacture or supply of goods, equipment or technologies able to be used for a military purpose;

(v) the development, manufacture or supply of, or provision of services relating to, encryption and security technologies and communication systems; and

(vi) the extraction of (or rights to extract) uranium or plutonium, or the operation of nuclear facilities;

(c) investments by foreign persons in existing Australian businesses, or prescribed corporations, in all other sectors, excluding financial sector companies (6), the value of whose total assets exceeds 1094 million (#) Australian Dollars;

(d) acquisitions by foreign persons of developed non-residential commercial real estate valued at more than 1094 million# Australian Dollars;

(6) A "financial sector company" means, as defined in section 3 of the Financial Sector (Shareholdings) Act 1998 (Cth): (a) an authorised deposit-taking institution; or (b) an authorised insurance company; or (c) a holding company of a company covered by paragraph (a) or (b) of this footnote
(#) This is the figure as at 1 January 2015. To be indexed on 1 January each year to the GDP implicit price deflator in the Australian National Accounts for the previous financial year. If the Agreement has not entered into force by 1 January 2016, this figure will be indexed on the date of entry into force.

(e) direct investments by foreign government investors, irrespective of size;

Notified investments may be refused, subject to interim orders, and/or approved subject to compliance with certain conditions. Investments referred to in (a) through (e) for which no notification is required or received may be subject to orders under Sections 18 through 21 and 21A of the FATA.

B. The acquisition of a stake in an existing financial sector company by a foreign investor, or entry into an arrangement by a foreign investor, that would lead to an unacceptable shareholding situation or to practical control (7) of an existing financial sector company, may be refused, or be subject to certain conditions (8).

(7) "Unacceptable shareholding situation" and "practical control" as defined in the Financial Sector (Shareholdings) Act 1998 (Cth).
(8) Ministerial statements on foreign investment policy including the Treasurer's Press Release No. 28 of 9 April 1997.

C. In addition to the measures identified in this entry, other entries in Section A or Section B set out additional non-conforming measures imposing specific limits on, or requirements relating to, foreign investment in the following areas:

(a) Telstra;

(b) Commonwealth Serum Laboratories;

(c) Qantas Airways Ltd.;

(d) Australian international airlines, other than Qantas;

(e) urban land;

(f) agricultural land;

(g) agribusiness;

(h) federal leased airports; and

(i) shipping.

Queensland

Certain leases (obtained at ballot), and other leases at the discretion of the Minister, may be subject to a condition that the lessee personally lives on the lease for the first seven years of its term.

While all changes to ownership of land must be registered, there is an additional duty on foreign land holders to disclose, through a prescribed notification, present interests in and acquisitions of land, disposal of interests in land and notification on ceasing to be or becoming a foreign person.

Failure to provide the information causes a breach of the Act that may result in prosecution, the imposition of financial penalties and/or forfeiture of the interest in the land to the Crown.

2.

Sector: All Sectors

Obligations Concerned: National Treatment

Level of Government: Central

Source of Measure:

Corporations Act 2001 (Cth)

Corporations Regulations 2001 (Cth)

Description:

At least one director of a private company must be ordinarily resident in Australia.

At least two directors of a public company must be ordinarily resident in Australia.

At least one secretary of a private company (if such a private company appoints one or more secretaries) must be ordinarily resident in Australia.

At least one secretary of a public company must be ordinarily resident in Australia

3.

Sector: All Sectors

Obligations Concerned: National Treatment

Level of Government: Regional

Source of Measure: Associations Act (NT) Associations Incorporations Act 1991 (ACT) Associations Incorporations Act 1981 (Qld) Association Incorporations Act 1985 (SA) Associations Incorporation Act 1964 (Tas) Associations Incorporation Reform Act 2012 (Vic)

Description: Northern Territory

An application for the incorporation of an association (9) must be made by a person who is a resident of the Northern Territory.

The public officer of an incorporated association must be a person who is a resident of the Northern Territory.

(9) "Association" includes a trading association.

Australian Capital Territory

An application for incorporation of an association must be made by a person who is a resident of the Australian Capital Territory.

The public officer of an incorporated association must be a person who is a resident of the Australian Capital Territory.

Queensland

The office of secretary shall become vacant if the person holding that office ceases to be a resident in Queensland, or in another State but not more than 65 kilometres from the Queensland border.

The management committee of an incorporated association must ensure the secretary is an individual residing in Queensland, or in another State but not more than 65 kilometres from the Queensland border.

  • Chapter   1 Initial provisions and definitions 1
  • Article   1 Establishment of a free trade area 1
  • Article   1.2 Relation to other agreements 1
  • Article   1.3 General definitions 1
  • Chapter   2 Trade in goods 1
  • Article   2.1 Scope 1
  • Article   2.2 Definitions 1
  • Article   2.3 National treatment on internal taxation and regulation 1
  • Article   2.4 Elimination of customs duties 1
  • Article   2.5 Classification of goods 1
  • Article   2.6 Customs valuation 1
  • Article   2.7 Non-tariff measures 1
  • Article   2.8 Import licensing 1
  • Article   2.9 Administrative fees and formalities 1
  • Article   2 Administration of trade regulations 1
  • Article   2.11 Export subsidies 1
  • Article   2.12 Transparency and review of non-tariff measures 1
  • Article   2.13 Country specific tariff quota 1
  • Article   2.14 Special agricultural safeguard measures 1
  • Article   2.15 Committee on trade in goods 1
  • Article   2.16 Dispute settlement 1
  • Annex 2-A  Country specific tariff quota 1
  • Annex 2-B  Special agricultural safeguard measures 1
  • Chapter   3. Rules of origin and implementation procedures 1
  • Section   A Rules of origin 1
  • Article   3.1 Definitions 1
  • Article   3.2 Originating goods 2
  • Article   3.3 Wholly obtained goods 2
  • Article   3.4 Change in tariff classification 2
  • Article   3.5 Regional value content 2
  • Article   3.6 Cumulation 2
  • Article   3.7 De minimis 2
  • Article   3.8 Accessories, spare parts and tools 2
  • Article   3.9 Fungible materials 2
  • Article   3.10 Packing, packages and containers 2
  • Article   3.11 Neutral elements 2
  • Article   3.12 Minimal operations or processes 2
  • Article   3 Direct consignment 2
  • Section   B Implementation procedures 2
  • Article   3.14 Certificate of origin 2
  • Article   3.15 Declaration of origin 2
  • Article   3.16 Claims for preferential tariff treatment 2
  • Article   3.17 Minor errors or discrepancies 2
  • Article   3.18 Waiver of certificate of origin or declaration of origin 2
  • Article   3.19 Amendments to certificates or declarations of origin 2
  • Article   3.20 Retention of origin documents 2
  • Article   3.21 Verification of origin 2
  • Article   3.22 Denial of preferential tariff treatment 2
  • Article   3.23 Goods transported en route after exportation 2
  • Article   3.24 Review 2
  • ANNEX 3-A  Certificate of origin 3
  • ANNEX 3-B  Declaration of origin china-australia free trade agreement 3
  • Chapter   4 Customs procedures and trade facilitation 3
  • Article   4.1 Scope 3
  • Article   4.2 Definitions 3
  • Article   4.3 Customs procedures and facilitation 3
  • Article   4.4 Cooperation 3
  • Article   4.5 Risk management 3
  • Article   4.6 Application of information technology 3
  • Article   4.7 Transparency 3
  • Article   4.8 Review and appeal 3
  • Article   4.9 Advance rulings 3
  • Article   4.10 Release of goods 3
  • Article   4.11 Perishable goods 3
  • Article   4.12 Temporary admission of goods 3
  • Article   4.13 Acceptance of copies 3
  • Article   4.14 Consultation 4
  • Chapter   5 Sanitary and phytosanitary measures 4
  • Article   5.1 Objectives 4
  • Article   5.2 Scope 4
  • Article   5.3 Definitions 4
  • Article   5.4 International obligations 4
  • Article   5.5 Transparency 4
  • Article   5.6 Cooperation 4
  • Article   5.7 Regionalisation and equiv alence 4
  • Article   5.8 Control, inspection and approval procedures 4
  • Article   5.9 Technical assistance and capacity building 4
  • Article   5.10 Consultation and dispute settlement 4
  • Article   5.11 Committee on sanitary and phytosanitary measures 4
  • Chapter   6 Technical barriers to trade 4
  • Article   6.1 Objectives 4
  • Article   6.2 Scope 4
  • Article   6.3 Definitions 4
  • Article   6.4 Affirmation of the tbt agreement 4
  • Article   6.5 International standards 4
  • Article   6.6 Technical regulations 4
  • Article   6.7 Conformity assessment procedures 4
  • Article   6.8 Transparency 4
  • Article   6.9 Trade facilitation 4
  • Article   6.10 Information exchange 4
  • Article   6.11 Cooperation and technical assistance 4
  • Article   6.12 Consultation and dispute settlement 4
  • Article   6.13 Committee on technical barriers to trade 4
  • Chapter   7 Trade Remedies 5
  • Article   7.1 Definitions 5
  • Article   7.2 Application of a Bilateral Safeguard Measure 5
  • Article   7.3 Scope and Duration of Bilateral Safeguard Measures 5
  • Article   7.4 Investigation Procedures and Transparency Requirements 5
  • Article   7.5 Provisional Bilateral Safeguard Measures 5
  • Article   7.6 Notification and Consultation 5
  • Article   7.7 Compensation 5
  • Article   7.8 Global Safeguard 5
  • Article   7.9 Anti-dumping Measures 5
  • Article   7.10 Subsidies and Countervailing Measures 5
  • Chapter   8 Trade In Services 5
  • Section   Scope and Definitions 5
  • Article   8.1 Scope 5
  • Article   8.2 Definitions 5
  • Section   II Scheduling Approach 5
  • Article   8.3 Scheduling of Commitments 5
  • Section   A Positive Listing Approach 5
  • Article   8.4 Schedule of Specific Commitments 5
  • Article   8.5 National Treatment 5
  • Article   8.6 Market Access 5
  • Article   8.7 Most-favoured-nation Treatment 6
  • Article   8.8 Additional Commitments 6
  • Section   B Negative Listing Approach 6
  • Article   8.9 Schedule of Non-conforming Measures 6
  • Article   8.10 National Treatment 6
  • Article   8.11 Market Access 6
  • Article   8.12 Most-favoured-nation Treatment 6
  • Section   III Other Provisions 6
  • Article   8.13 Domestic Regulation 6
  • Article   8.14 Recognition 6
  • Article   8.15 Qualifications Recognition Cooperation 6
  • Article   8.16 Payments and Transfers 6
  • Article   8.17 Denial of Benefits 6
  • Article   8.18 Transparency 6
  • Article   8.19 Telecommunication Services 6
  • Article   8.20 Committee on Trade In Services 6
  • Article   8.21 Contact Points 6
  • Article   8.22 Modification of Schedules 6
  • Article   8.23 Monopolies and Exclusive Service Suppliers 6
  • Article   8.24 Review 6
  • Article   8.25 Cooperation 6
  • ANNEX 8-A  Sector coverage under article 8.7 6
  • ANNEX 8-B  Financial services 7
  • Article   1 Scope 7
  • Article   2 Definitions 7
  • Article   3 Domestic Regulation 7
  • Article   4 Recognition 7
  • Article   5 Regulatory Transparency 7
  • Article   6 Dispute Settlement 7
  • Article   7 Committee on Financial Services 7
  • Article   8 Consultations 7
  • Chapter   9 Investment 7
  • Section   A Investment 7
  • Article   9 Definitions 7
  • Article   9.2 Scope 7
  • Article   9.3 National Treatment 7
  • Article   9.4 Most-favoured-nation Treatment (2) 7
  • Article   9.5 Non-conforming Measures (4) 7
  • Article   9.6 Denial of Benefits 7
  • Article   9.7 Committee on Investment 7
  • Article   9.8 General exceptions 8
  • Article   9.9 Future work program 8
  • Section   B Investor-state dispute settlement 8
  • Article   9 Definitions 8
  • Article   9.11 Consultations 8
  • Article   9.12 Submission of a claim to arbitration 8
  • Article   9.13 Consent of each party to arbitration 8
  • Article   9.14 Conditions and limitations on consent of each party 8
  • Article   9.15 Constitution of the tribunal 8
  • Article   9.16 Conduct of the arbitration 8
  • Article   9.17 Transparency of arbitral proceedings 8
  • Article   9.18 Governing law 8
  • Article   9.19 Interpretation of annexes 9
  • Article   9.20 Expert reports 9
  • Article   9.21 Consolidation 9
  • Article   9.22 Awards 9
  • Article   9.23 Appellate review 9
  • Article   9.24 Annexes and footnotes 9
  • Article   9.25 Service of documents 9
  • ANNEX 9-A  Code of conduct 9
  • ANNEX 9-B  Service of documents on a party under section b 9
  • Chapter   10 Movement of natural persons 9
  • Article   10.1 Scope 9
  • Article   10.2 Definitions 9
  • Article   10.3 Expeditious application procedures 9
  • Article   10.4 Grant of temporary entry 9
  • Article   10.5 Transparency 9
  • Article   10.6 Committee on movement of natural persons 9
  • Article   10.7 Dispute settlement 9
  • Article   10.8 Relation to other chapters 9
  • ANNEX 10-A  Specific commitments on the movement of natural persons 10
  • Section   A Australia's specific commitments 10
  • Section   B China's specific commitments 10
  • Chapter   11 Intellectual property 10
  • Article   11.1 Purpose and principles 10
  • Article   11.2 Definitions 10
  • Article   11.3 Obligations are minimum obligations 10
  • Article   11.4 International agreements 10
  • Article   11.5 National treatment 10
  • Article   11.6 Transparency 10
  • Article   11.7 Intellectual property and public health 10
  • Article   11.8 Exhaustion 10
  • Article   11.9 Procedures on acquisition and maintenance 10
  • Article   11.10 Amendments, corrections and observations on patent applications 10
  • Article   11.11 Month publication 10
  • Article   11.12 Types of signs as trade marks 10
  • Article   11.13 Certification and collective trade marks 10
  • Article   11.14 Well-known trade marks 10
  • Article   11.15 Geographical indications 10
  • Article   11.16 Plant breeders' rights 10
  • Article   11.17 Genetic resources, traditional knowledge and folklore 10
  • Article   11.18 Protection of undisclosed information (2) 10
  • Article   11.19 Collective management of copyright 10
  • Article   11.20 Service provider liability 10
  • Article   11.21 Enforcement 10
  • Article   11.22 Border measures 10
  • Article   11.23 Cooperation — general 10
  • Article   11.24 Consultative mechanism: committee on intellectual property 10
  • Chapter   12 Electronic commerce 10
  • Article   12.1 Purpose and objective 10
  • Article   12.2 Definitions 10
  • Article   12.3 Customs duties 10
  • Article   12.4 Transparency 11
  • Article   12.5 Domestic regulatory frameworks 11
  • Article   12.6 Electronic authentication and digital certificates 11
  • Article   12.7 Online consumer protection 11
  • Article   12.8 Online data protection 11
  • Article   12.9 Paperless trading 11
  • Article   12.10 Cooperation on electronic commerce 11
  • Article   12.11 Dispute settlement provisions 11
  • Chapter   13 Transparency 11
  • Article   13.1 Definitions 11
  • Article   13.2 Publication 11
  • Article   13.3 Notification and provision of information 11
  • Article   13.4 Administrative proceedings 11
  • Article   13.5 Review and appeal 11
  • Chapter   14 Institutional provisions 11
  • Article   14.1 Functions of the fta joint commission 11
  • Article   14 Rules of procedure of the fta joint commission 11
  • Article   14 Contact point 11
  • Chapter   15 Dispute settlement 11
  • Article   15.1 Cooperation 11
  • Article   15.2 Scope of application 11
  • Article   15.3 Contact points 11
  • Article   15.4 Choice of forum 11
  • Article   15.5 Consultations 11
  • Article   15.6 Good offices, mediation and conciliation 11
  • Article   15.7 Establishment and composition of an arbitral tribunal 11
  • Article   15.8 Functions of arbitral tribunals 11
  • Article   15.9 Rules of interpretation 11
  • Article   15.10 Rules of procedure of an arbitral tribunal 12
  • Article   15.11 Suspension or termination of proceedings 12
  • Article   15 Report of the arbitral tribunal 12
  • Article   15.13 Implementation of the final report 12
  • Article   15.14 Reasonable period of time 12
  • Article   15.15 Compliance review 12
  • Article   15.16 Compensation and suspension of concessions and obligations 12
  • Article   15.17 Post suspension review 12
  • ANNEX 15-A  Code of conduct 12
  • ANNEX 15-B  Model rules of procedure for the arbitral tribunal 12
  • Attachment to Annex 15 B  Model rules of procedure for the arbitral tribunal  12
  • Chapter   16 General provisions and exceptions 12
  • Article   16.1 Disclosure and confidentiality of information 12
  • Article   16.2 General exceptions 12
  • Article   16.3 Security exceptions 12
  • Article   16.4 Taxation 12
  • Article   16.5 Review of agreement 13
  • Article   16.6 Measures to safeguard the balance-of-payments 13
  • Article   16.7 Competition cooperation 13
  • Article   16.8 Government procurement 13
  • Chapter   17 Final provisions 13
  • Article   17.1 Annexes 13
  • Article   17.2 Entry into force 13
  • Article   17.3 Amendments 13
  • Article   17.4 Termination 13
  • Article   17.5 Authentic texts 13
  • ANNEX III  13
  • Part   1 Schedule of non-conforming measures 13
  • Schedule of australia 13
  • Section   A 13
  • 1 13
  • 2 13
  • 3 13
  • 4 14
  • 5 14
  • 6 14
  • 7 14
  • 8 14
  • 9 14
  • 10 14
  • 11 14
  • 12 14
  • 13 14
  • 14 14
  • 15 14
  • 16 14
  • 17 14
  • 18 15
  • 19 15
  • 20 15
  • 21 15
  • 22 15
  • 23 15
  • 24 15
  • 25 15
  • 26 15
  • 27 15
  • 28 15
  • 29 15
  • 30 15
  • 31 16
  • 32 16
  • 33 16
  • 34 16
  • 35 16
  • Section   B 16
  • 1 16
  • 2 16
  • 3 16
  • 4 16
  • 5 16
  • 6 16
  • 7 16
  • 8 17
  • 9 17
  • 10 17
  • 11 17
  • 12 17
  • 13 17
  • 14 17
  • 15 17
  • 16 17
  • 17 17
  • 18 17
  • 19 17
  • 20 17
  • 21 18
  • Part   2 Schedule of specific commitments on services  18
  • Schedule of the people's republic of china  18
  • ATTACHMENT 1  Reference paper scope 18
  • ATTACHMENT 2  Distribution services  18
  • ATTACHMENT 3  Insurance: definition of "master policy"  18
  • Memorandum of understanding between the government of australia and the government of the people's republic of china on an investment facilitation arrangement 18