Australia - China FTA (2015)
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Obligations Concerned: Market Access National Treatment

Level of Government: Central

Source of Measure: Qantas Sale Act 1992 (Cth)

Description:

Total foreign ownership of Qantas Airways Ltd is restricted to a maximum of 49 per cent. In addition:

(a) the head office of Qantas must always be located in Australia;

(b) the majority of Qantas' operational facilities must be located in Australia;

(c) at all times, at least two-thirds of the directors of Qantas must be Australian citizens;

(d) at a meeting of the board of directors of Qantas, the director presiding at the meeting (however described) must be an Australian citizen; and

(e) Qantas is prohibited from taking any action to become incorporated outside Australia.

31.

Sector: Transport Services

Obligations Concerned: National Treatment

Level of Government: Regional

Source of Measure:

Commercial Passenger (Road Transport) Act (NT) Road Transport (Public Passenger Services) Regulations 2002 (ACT)

Taxi Act 1994 (WA)

Transport Coordination Act 1966 (WA)

Description:

Northern Territory

A taxi licence will be cancelled where the holder, being an individual, has not been ordinarily resident in the Northem Territory for more than six months or, being a body corporate, has ceased for more than six months to have its principal place of business in the Northern Territory.

Australian Capital Territory

An application for accreditation to run a public transport service must be made by an Australian citizen or permanent resident of Australia.

Western Australia

To hold a Government Lease taxi plate, the plate holder must be an Australian citizen or a permanent resident.

32.

Sector: Financial Services

Obligations Concerned: Market Access National Treatment

Level of Government: Central

Source of Measure: Banking Act 1959 (Cth) Banking Amendment Regulations 2000 (No. 1) (Cth) Payment Systems (Regulation) Act 1998 (Cth)

Description: To undertake banking business in Australia an entity must be a body corporate and authorised by the Australian Prudential Regulation Authority (APRA) as an authorised deposit-taking institution (ADD.

Foreign deposit-taking institutions (including foreign banks) may only operate a banking business in Australia through locally incorporated deposit-taking subsidiaries or authorised branches (foreign ADIs), or through both structures.

A foreign ADIT is not permitted to accept initial deposits (and other funds) from individuals and non-corporate institutions of less than 250,000 Australian Dollars.

A foreign deposit-taking institution that operates a representative office in Australia is not permitted to undertake any banking business, including advertising for deposits, in Australia. Such a representative office is only permitted to act as a liaison point.

Foreign banks located overseas may only raise funds in Australia through the issue of debt securities provided those securities are offered/traded in parcels of not less than 500,000 Australian Dollars and the securities and any associated information memoranda clearly state the issuing bank is not authorised under the Banking Act 1959 (Cth) in Australia.

33.

Sector: Financial Services

Obligations Concerned: National Treatment

Level of Government: Central

Source of Measure: Commonwealth Banks Act 1959 (Cth)

Description: Liabilities of the Commonwealth Bank, previously Commonwealth Government-owned, are covered by transitional guarantee arrangements.

34.

Sector: Financial Services

Obligations Concerned: National Treatment

Level of Government: Regional

Source of Measure:

Credit (Administration) Act 1984 (WA)

Credit (Administration) Regulations 1985 (WA) Debt Collectors Licensing Act 1964 (WA)

Debt Collectors Licensing Regulations 1964 (WA) Finance Brokers Control Act 1975 (WA)

Finance Brokers (General) Regulations 1977 (WA)

Description:

Western Australia

A natural person (whether alone or in partnership with other persons) or an incorporated body seeking to carry on a business of providing credit in Western Australia (including where the provision of the credit is connected with the carrying on of another business), must have a principal office in Australia and a principal place of business in Western Australia.

Any person (including an incorporated body) seeking to exercise or carry on the business or any functions of a debt collector in Western Australia, must have a principal place of business in the State.

A natural person seeking to carry on business as a finance broker in Western Australia must be ordinarily resident in Western Australia. A finance broker must have a registered office in Western Australia while carrying on business as a broker.

35.

Sector: Financial Services

Obligations concerned: National Treatment

Level of Government: Regional

Source of Measure: Second-hand Dealers and Pawnbrokers Act 2003 (Qld)

Description:

Queensland

A person operating as a second-hand dealer or as a pawnbroker must have a principal place of business in Queensland where a document can be served personally. A post office box does not suffice.

Section B.

Introductory Notes

1. Section B 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), the specific sectors, sub-sectors or activities for which Australia may maintain existing, or adopt new or more restrictive, measures that do not conform with 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 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. (20)

20 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.

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.

2. Each Schedule entry sets out the following elements:

(a) "Sector" refers to the sector for which the 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 sectors, sub-sectors or activities listed in the entry;

(c) "Description" sets out the scope of the sector, sub-sector or activities covered by the entry; and

(d) "Existing Measures" identifies for transparency purposes, where relevant and practical, existing measures that apply to the sector, sub-sector or activities covered by the entry.

Note 1: In accordance with 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), 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).

1.

Sector: All Sectors

Obligations Concerned: Market Access

Description: Australia reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, or other movement of natural persons, including entry or temporary stay, subject to the provisions of Chapter 10 (Movement of Natural Persons).

Existing Measures:

2.

Sector: All Sectors

Obligations Concerned: Market Access National Treatment

Description: Australia reserves the right to adopt or maintain any measure according preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation in relation to acquisition, establishment or operation of any commercial or industrial undertaking in the service sector.

Australia reserves the right to adopt or maintain any measure with respect to investment that accords preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation.

For the purpose of this reservation, an Indigenous person means a person of the Aboriginal and Torres Strait Islander peoples.

Existing Measures: Legislation and ministerial statements at all levels of government including:

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.

Native Title Act 1993 (Cth)

Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)

Aboriginal Land Rights Act 1983 (NSW)

Native Title (New South Wales) Act 1994 (NSW)

Aboriginal Land Act 1991 (Qld)

Torres Strait Islander Land Act 1991 (Qld)

Native Title (South Australia) Act 1994 (SA)

Maralinga Tjarutja Land Rights Act 1984 (SA)

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA)

Anangu Pitjantjatjara Yankunytjatjara Land Rights Regulations 2010 (SA)

The statutory bodies that administer the Anangu Pitjantjatjara Yankunytjatjara lands and the Maralinga

Tjarutja lands

Mining Act 1971 (SA)

Opal Mining Act 1995 (SA)

Aboriginal Lands Act 1995 (Tas)

Traditional Owner Settlement Act 2010 (Vic)

3.

Sector: All Sectors

Obligations Concerned: Market Access

Description: Australia reserves the right to adopt or maintain any measure at the regional level of government that is not inconsistent with Australia's Revised Services Offer of 31 May 2005 in the World Trade Organization Doha Development Agenda negotiations (WTO Document - TN/S/O/AUS/Rev.1).

Existing Measures:

4.

Sector: All Sectors

Obligations Concerned: Market Access National Treatment

Description: Australia reserves the right to adopt or maintain any measure with respect to proposals by ‘foreign persons (21) and foreign government investors to invest in Australian urban land (22) (including interests that arise via leases, financing and profit sharing arrangements, and the acquisition of interests in urban land corporations and trusts), other than developed non-residential commercial real estate.

Existing Measures: Australia's foreign investment policy, which includes the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA); Foreign Acquisitions and Takeovers Regulations 1989 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

Economic Development Act 2012 (Qld)

Sustainable Planning Act 2009 (Qld)

Integrated Resort Development Act 1997 (Qld)

Mixed Use Development Act 1992 (Qld)

Sanctuary Cove Resort Act 1995 (Qld)

Townsville City Council (Douglas Land Development) Act 1993 (Qld)

(21) The term "foreign person" has the meaning set out in the FATA.
(22) The term "Australian urban land" has the meaning set out in the FATA

5.

Sector: All Sectors

Obligations Concerned: Market Access National Treatment Most-Favoured-Nation Treatment

Description: Australia reserves the right to adopt or maintain any measure that it considers necessary for the protection of its essential security interests with respect to proposals by foreign persons (23) and foreign government investors to invest in Australia.

Existing Measures: 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.

(23) The term "foreign person" has the meaning set out in the FATA.

6.

Sector: All Sectors

Obligations Concerned: Market Access National Treatment Most-Favoured-Nation Treatment

Description: Australia reserves the right to adopt or maintain any measure to allow the screening of proposals, by foreign persons (24), to invest 15 million Australian Dollars or more in Australian agricultural land and 53 million Australian Dollars or more in Australian agribusinesses.

Existing Measures: 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.

(24) The term "foreign person" has the meaning set out in the FATA.

7.

Sector: All Sectors

Obligations Concerned: Market Access National Treatment

Description: Australia reserves the right to adopt or maintain any measure with respect to:

(a) the devolution to the private sector of services provided in the exercise of governmental authority at the time that the Agreement comes into force; and

(b) the privatisation of government owned entities or assets.

Existing Measures:

8.

  • 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