Article 26.1. Definitions
For the Purposes of this Chapter:
"regulatory authority" means:
(a) for Australia, Australian Government departments at the central level of government listed under relevant administrative arrangements orders, excluding where those departments are regulating human health;
(b) for the United Kingdom, a ministerial department of the central level of government; and
"regulatory measure" means:
(a) for Australia: Acts and legislative instruments made under an Act of the Commonwealth Parliament related to any matter covered by this Agreement and for which a regulatory impact statement is required under relevant rules and procedures;
(b) for the United Kingdom:
(i) an Act of the UK Parliament; or
(ii) a statutory instrument made, by a Minister of the Crown, under an Act of the UK Parliament;
related to any matter covered by this Agreement and in relation to a business activity, excluding:
(A) any measure imposing, abolishing or varying any tax, duty, levy or other charge (or any measure in connection with that measure);
(B) any measure in connection with public sector procurement;
(C) any measure in connection with the giving of grants or other financial assistance by or on behalf of a public authority; or
(D) any measure which is to have effect for a period of less than 12 months.
Article 26.2. General Provisions
1. The purpose of this Chapter is to promote good regulatory practices in the process of planning, designing, issuing, implementing, and reviewing regulatory measures to facilitate achievement of domestic policy objectives and regulatory cooperation between the Parties with the aim of enhancing bilateral trade and investment, as well as economic growth and employment, by promoting:
(a) an effective, transparent, and predictable regulatory environment;
(b) compatible regulatory approaches and reducing unnecessarily burdensome, duplicative, or divergent regulatory requirements;
(c) the exchange of information on regulatory measures, practices, or approaches of the Parties, including how to enhance their efficient application; and
(d) bilateral cooperation between the Parties in international fora.
2. Each Party shall be free to determine its approach to good regulatory practices and regulatory cooperation under this Agreement in a manner consistent with its own legal framework, practice and fundamental principles underlying its regulatory system.
3. Provisions of this Chapter shall not be construed so as to require a Party to:
(a) deviate from domestic procedures for identifying its regulatory priorities and preparing and adopting regulatory measures ensuring the levels of protection that the Party considers appropriate to achieve its public policy objectives (including health, safety, and environmental goals);
(b) take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives or prevent a party from implementing regulatory measures in urgent or unforeseen circumstances; or
(c) achieve any particular regulatory outcome.
Article 26.3. Internal Coordination and Review Processes or Mechanisms
Each Party shall endeavour to ensure that it has processes or mechanisms to facilitate effective internal coordination and review with respect to regulatory measures its regulatory authorities are preparing.
Article 26.4. Descriptions of Regulatory Processes and Mechanisms
Each Party shall ensure that descriptions of the processes and mechanisms employed by its regulatory authorities in undertaking regulatory impact assessments, and other relevant good regulatory practices it deems appropriate, are freely and publicly available online.
Article 26.5. Impact Assessment
1. Each Party shall endeavour to systematically carry out, in accordance with its relevant rules and procedures, a regulatory impact assessment of major regulatory measures (1) under preparation. Regulatory impact assessments may encompass a range of procedures to determine possible impacts.
2. Each Party shall endeavour to ensure that regulatory impact assessments it conducts:
(a) assess the need for the major regulatory measure, including the nature and the significance of the problem or issue that the regulatory measure intends to address;
(b) examine feasible and appropriate regulatory or non-regulatory alternatives, including the option of not regulating, if available, that would achieve the Party's public policy objectives; and
(c) rely on reasonably obtainable existing information including relevant scientific, technical, economic or other information, within the boundaries of the authorities, mandates and resources of the particular regulatory authority.
3. When carrying out a regulatory impact assessment in accordance with paragraph 1, each Party should consider, to the extent possible and relevant, the potential impact of the proposed major regulatory measure on SMEs. (2)
4. Each Party shall, where possible and in accordance with its relevant rules and procedures, publish the findings of its regulatory impact assessments in a timely manner. Each Party is encouraged to explain the grounds for concluding that the selected option achieves its public policy objectives in an efficient manner, including, if appropriate, reference to the costs and benefits, and the potential for managing risks.
Article 26.6. Public Consultation
1. When preparing a proposed major regulatory measure, each Party shall endeavour to, in accordance with its relevant rules and procedures:
(a) publish sufficient information concerning the proposed regulatory measure to allow interested persons to assess their interests in connection to the measure;
(b) allow interested persons (3) a reasonable opportunity, including adequate time, to consider the proposed regulatory measure and to provide comments; (4) and
(c) consider the comments received.
2. Each Party is encouraged to make use of electronic means of communication and to make information related to public consultation freely and publicly available online, including information on how to provide comments.
3. Each Party is encouraged to publicly explain how the comments received have informed the proposed regulatory measure.
Article 26.7. Use of Plain Language
Each Party shall endeavour to ensure that new regulatory measures are plainly written and are clear, concise, well organised, and easy to understand, recognising that some measures address technical issues and that relevant expertise may be needed to understand and apply them.
Article 26.8. Regulatory Register
In accordance with its laws and regulations, each Party shall ensure that regulatory measures that are in effect are freely and publicly available online. The website should allow searches for regulatory measures by citation or by word and be periodically updated.
Article 26.9. Retrospective Review
1. The Parties recognise the importance of maintaining processes or mechanisms to promote periodic retrospective reviews of major regulatory measures at intervals each Party deems appropriate.
2. When conducting a retrospective review, each Party shall consider whether there are opportunities to achieve its public policy objectives more effectively and reduce unnecessary regulatory burdens, including on SMEs.
Article 26.10. Regulatory Cooperation
1. The Parties shall cooperate to facilitate the implementation of this Chapter and to maximise the benefits arising from it, including those envisioned in paragraph 1 of Article 26.2 (General Provisions).
2. Each Party may propose a regulatory cooperation activity to the other Party through the contact points designated in accordance with Article 26.11 (Contact Points) or through direct contact between the regulatory authorities.
3. Regulatory cooperation activities may include:
(a) information exchange, dialogue, or meetings with the other Party, including in particular:
(i) exchanging experiences with regulatory tools and instruments, including regulatory impact assessments, risk assessments, retrospective reviews, and compliance with regulatory practices;
(ii) exchanging information on planned or existing regulatory measures to maximise the opportunity for common approaches;
(b) information exchanges, dialogues, or meetings with interested persons, including with SMEs, of the other Party;
(c) training programmes, seminars, and other relevant assistance;
(d) strengthening cooperation and other relevant activities between regulatory agencies; or
(e) seeking to collaborate in relevant international fora.
4. In accordance with its laws and regulations, each Party shall endeavour to encourage its relevant regulatory authorities to consider, where appropriate, regulatory measures in the other Party, as well as relevant developments in international, regional, and other fora when planning regulatory measures.
Article 26.11. Contact Points
1. Each Party shall designate and notify a contact point on good regulatory practices to facilitate communication and cooperation between the Parties on any matter covered by this Chapter.
2. Each Party shall promptly notify the other Party of any change to its contact point.
3. The contact points may assist any other committee, working group, subsidiary body, or contact point established by this Agreement in considering matters of relevance to this Chapter.
Article 26.12. Relation to other Chapters
In the event of any inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency
Article 26.13. Non-Application of Dispute Settlement
Neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 27. COOPERATION
Article 27.1. General Provisions
1. The Parties acknowledge the importance of cooperation in implementing this Agreement and enhancing its benefits.
2. The Parties recognise that cooperation activities undertaken pursuant to this Agreement shall seek to complement and build upon existing agreements or arrangements between the Parties.
3. The Parties also recognise the importance of involving the private sector and non-governmental organisations in cooperation activities, where appropriate to do so.
Article 27.2. Areas of Cooperation
1. The Parties shall, consistent with this Agreement, undertake and strengthen cooperation activities to assist in:
(a) implementing this Agreement;
(b) enhancing each Party's ability to take advantage of the economic opportunities created by this Agreement; and
(c) promoting and facilitating trade and investment between the Parties. Cooperation activities may include the following areas:
(a) environment;
(b) trade and gender equality;
(c) development;
(d) labour;
(e) anti-corruption; and
(f) antimicrobial resistance.
3. The Parties may undertake cooperation activities through, inter alia:
(a) dialogue, workshops, seminars, conferences, collaborative programs and projects;
(b) the sharing of best practices on policies and procedures; and
(c) the exchange of experts and information.
Article 27.3. Contact Points
Each Party shall designate and notify a contact point on matters relating to the coordination of cooperation activities in accordance with Article 29.5 (Contact Points - Administrative and Institutional Provisions).
Article 27.4. Committee on Cooperation
1. The Parties hereby establish a Committee on Cooperation, composed of government representatives of each Party.
2. The Committee shall:
(a) review and monitor the implementation and operation of cooperation provisions in other Chapters of this Agreement related to areas of cooperation listed in Article 27.2 (Areas of Cooperation);
(b) facilitate the exchange of information between the Parties including on experiences and lessons learned through cooperation activities undertaken between the Parties;
(c) discuss and consider issues or proposals for future cooperation activities including, as appropriate, on analytical topics relating to monitoring, measurement, information gathering, and interpretation and analysis of information relevant to cooperation activities under this Agreement;
(d) invite, as appropriate, private sector entities, non-governmental organisations, civil society, relevant experts, stakeholders or other relevant institutions, to assist in the development and implementation of cooperation activities;
(e) consider any matter, or matters raised by any standing working group or other subsidiary body including dialogues, related to areas of cooperation pursuant to Article 27.2 (Areas of Cooperation);
(f) coordinate with other committees, working groups and any other subsidiary body, including dialogues, established under this Agreement as appropriate, in support of the development and implementation of cooperation activities;
(g) consider any matter related to cooperation and support any cooperation activities referred to it under any Chapter of this Agreement;
(h) supervise the work of any committees, working groups or other subsidiary bodies including dialogues established under this Agreement, where the Agreement so provides; and
(i) seek to resolve differences that may arise concerning the interpretation or application of this Agreement in relation to areas of cooperation pursuant to Article 27.2 (Areas of Cooperation).
3. The Committee may:
(a) make recommendations, or refer matters, to the Joint Committee;
(b) facilitate public-private partnerships in cooperation activities;
(c) establish ad hoc working groups, as appropriate, which may include government representatives, non-government representatives or both;
(d) refer matters to any ad hoc or standing working group or any other subsidiary body including dialogues related to areas of cooperation pursuant to Article 27.2 (Areas of Cooperation); and
(e) engage in other activities as the Parties may decide.
4. The Committee shall meet within one year of the date of entry into force of this Agreement, and thereafter as agreed by the Parties.
5. The Committee shall produce an agreed record of its meetings, including decisions and next steps and, as appropriate, report to the Joint Committee.
Article 27.5. Resources
1. Cooperation activities undertaken under this Chapter are subject to the availability of resources and the applicable laws and regulations of each Party, and on request, and on terms and conditions agreed between the Parties.
2. The Parties shall bear the costs of cooperation activities under this Chapter in an equitable manner to be agreed by the Parties.
Article 27.6. Non-Application of Dispute Settlement
Without prejudice to matters arising under other Chapters of this Agreement, neither Party shall have recourse to dispute settlement under Chapter 30 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 28. TRANSPARENCY AND ANTI-CORRUPTION
Article 28.1. Definitions
For the purposes of this Chapter:
"act or refrain from acting in relation to the performance of or the exercise of their official duties" includes any use of the public official's or foreign public official's position, whether or not within the official's authorised competence;
"administrative rulings of general application" means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within the ambit of that administrative ruling or interpretation and that establishes a norm of conduct, but does not include:
(a) a determination or ruling made in an administrative or quasi- judicial proceeding that applies to a particular person, good, or service of the other Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice;
"Anti-Bribery Convention" means the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions done at Paris on 17 December 1997;
"confiscation" means the permanent deprivation of property by order of a court or other competent authority, and includes forfeiture, where applicable;
"foreign public official" means any natural person holding a legislative, executive, administrative, or judicial office of a foreign country, at any level of government, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that natural person's seniority; and any natural person exercising a public function for a foreign country, at any level of government, including for a public agency or public enterprise;
"freezing" or "seizing" means temporarily prohibiting the transfer, conversion, disposition, or movement of property, or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority;
"official of a public international organisation" means an international civil servant or any person who is authorised by a public international organisation to act on its behalf;
"property" means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;
"public official" means:
(a) any natural person holding a legislative, executive, administrative, or judicial office of a Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, and irrespective of that natural person's seniority;
(b) any other natural person who performs a public function for a Party, including for a public agency or public enterprise, or provides a public service, as defined under that Partyâs law and as applied in the pertinent area of law in that Party; or
(c) any other natural person defined as a public official under a Party's law; and
"UNCAC" means the United Nations Convention against Corruption done at New York on 31 October 2003.
Section A. Transparency
Article 28.2. Publication
1. Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement are promptly published, including on the internet where feasible, or otherwise made available in a manner that enables interested persons and the other Party to become acquainted with them.
2. With respect to any measure referred to in paragraph 1 that a Party proposes to adopt, each Party shall, to the extent it considers appropriate:
(a) publish in advance the proposed measure or information concerning the nature of the proposed measure; and
(b) provide interested persons and the other Party with a reasonable opportunity to comment on the proposed measure or information.
3. To the extent possible, when introducing or changing the laws, regulations, or procedures referred to in paragraph 1, each Party shall endeavour to provide a reasonable period between the date when those laws, regulations, or procedures, proposed or final, in accordance with its legal system, are made publicly available and the date when they enter into force.
4. Each Party shall, with respect to a regulation of general application adopted by its central level of government respecting any matter covered by this Agreement that is published in accordance with paragraph 1:
(a) promptly publish the regulation on a single official website or in an official journal of national circulation; and