Australia - Japan EPA (2014)
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18.

Sector: Mining and Related Services

Obligations Concerned: National Treatment Prohibition of Performance Requirements (Article 14.9)

Level of Government: Regional

Source of Measure: Mount Isa Mines Limited Agreement Act 1985 (Qld)

Description: Queensland

The operator of Mount Isa Mines shall, so far as is reasonably and economically practicable:

(a) use the services of professional consultants resident and available within Queensland;

(b) use labour available within Queensland;

(c) when preparing specifications, calling for tenders and letting contracts for works, materials, plant, equipment and supplies ensure that Queensland suppliers, manufacturers, and contractors are given reasonable opportunity to tender or quote; and

(d) give proper consideration and where possible preference to Queensland suppliers, manufacturers and contractors when letting contracts or placing orders for works, materials, plant, equipment and supplies where price, quality, delivery and service are equal to or better than that obtainable elsewhere.

19.

Sector: Distribution Services

Obligations Concerned: National Treatment

Level of Government: Regional

Source of Measure: Rice Marketing Act 1983 (NSW) Marketing of Potatoes Act 1946 (WA)

Description: New South Wales and Western Australia

New South Wales retains marketing board arrangements for rice and Western Australia retains marketing board arrangements for potatoes.

20.

Sector: Other Business Services

Obligations Concerned: Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8)

Level of Government: Regional

Source of Measure: Prostitution Regulation Act (NT)

Description: Northern Territory

To be eligible for the grant of an operator's licence or a manager's licence in respect of an escort agency business, an individual must be resident in the Northern Territory.

For a body corporate to be granted an operator's licence, its officers must also meet the residency requirement.

21.

Sector: Communication

Obligations Concerned: Services Market Access (Article 9.3) National Treatment Senior Management and Boards of Directors (Article 14.8)

Level of Government: Central

Source of Measure: Teistra Corporation Act 1991 (Cth)

Description: Aggregate foreign equity is restricted to no more than 35 per cent of shares of Telstra. Individual or associated group foreign investment is restricted to no more than five per cent of shares.

The chairperson and a majority of directors of Telstra must be Australian citizens and Telstra is required to maintain its head office, main base of operations and place of incorporation in Australia.

22.

Sector: Distribution Services

Obligations Concerned: Local Presence (Article 9.6)

Level of Government: Regional

Source of Measure: Firearms Act (NT)

Description: Northern Territory

Grant of a firearms licence (15) requires residency in the Northern Territory. Licences and permits expire three months after the holder ceases to reside permanently in the Northern Territory.

(15) Firearms licences include but are not limited to firearms dealer's licence, armourer's licence, firearms museum licence, firearms collector's licence, firearms employee licence, and paintball operator's licence.

23.

Sector: Distribution Services

Obligations Concerned: Local Presence (Article 9.6)

Level of Government: Regional

Source of Measure: Liquor Act (NT) and policy and practice Kava Management Act (NT) Tobacco Control Act (NT) and policy and practice

Description: Northern Territory

The Northern Territory Licensing Commission may require a liquor licensee where the licensee is an individual, or at least one of the licensees where the licence is held by a partnership, or the licence nominee where the licence is held by a corporation, to ordinarily reside within the general locality of the premises to which the licence relates.

The holder of a tobacco retail licence may only sell tobacco products from the premises specified in the licence.

A tobacco retail licence in relation to liquor licensed premises may only be granted to the liquor licensee of those premises.

An applicant for a retail licence for kava must ordinarily reside or carry on business in the relevant licence area in the Northern Territory.

24.

Sector: Distribution Services

Obligations Concerned: Performance Requirements (Article 14.9)

Level of Government: Regional

Source of Measure: Wine Industry Act 1994 (Qld)

Description: Queensland

In order to obtain a wine merchant's licence to sell wine, the business conducted by a person under the licence must contribute to the Queensland wine industry in a substantial way. In order to obtain a wine producer's licence to sell wine, a person must be selling wine made from fruit grown by the person on the premises to which the licence relates, or selling wine made by the person on the premises to which the licence relates.

25.

Sector: Health Services

Obligations Concerned: National Treatment Senior Management and Boards of Directors (Article 14.8)

Level of Government: Central

Source of Measure: Commonwealth Serum Laboratories Act 1961 (Cth)

Description: The votes attached to significant foreign shareholdings (16) may not be counted in respect of the appointment, replacement or removal of more than one-third of the directors of Commonwealth Serum Laboratories (CSL) who hold office at a particular time. The head office, principal facilities used by CSL and any CSL subsidiaries used to produce products derived from human plasma collected from blood or plasma donated by individuals in Australia must remain in Australia. Two-thirds of the directors of the board of CSL and the chairperson of any meeting must be Australian citizens. CSL must not seek incorporation outside of Australia.

(16) For the purposes of this entry, the term "significant foreign shareholding" means a holding of voting shares in CSL in which a foreign person has a relevant interest, if the foreign person has relevant interests in at least five per cent of the voting shares in CSL.

26.

Sector: Tourism and Travel-related Services

Obligations Concerned: Local Presence (Article 9.6)

Level of Government: Regional

Source of Measure: Travel Agents Act 1988 (Qld) Travel Agents Act 1985 (WA) Travel Agents Regulations 1986 (WA)

Description: Queensland

In order to obtain a licence to operate as a travel agent, a person must have a business address in Queensland.

Western Australia

To carry on business in Western Australia as a travel agent, a person must have a principal place of business in the state.

27.

Sector: Recreational, Cultural and Sporting Services

Obligations Concerned: Local Presence (Article 9.6)

Level of Government: Regional

Source of Measure: Nature Conservation Act 1992 (Qld) Nature Conservation (Wildlife Management) Regulation 2006 (Qld) Nature Conservation (Administration) Reguiation 2006 (Qld) Nature Conservation (Protected Plants) Conservation Plan 2000 (Qld)

Description:

Queensland

The Chief Executive of the Queensland Department of Environment and Heritage Protection may grant a wildlife authority,'' other than a wildlife movement permit, to a corporation only if the corporation has an office in the State.

The chief executive may approve a person to be an authorised cultivator or propagator for protected plants only if:

(a) in the case of a natural person, the person is a resident of the State; or

(b) if the person is a corporation, the corporation has premises in the State at which the plants are to be cultivated or propagated.

This term is defined in Schedule 7 of the Nature Conservation (Administration) Regulation 2006 (Qld).

An individual or corporation is only taken to be a "person aggrieved" by a decision, failure to make a decision or conduct under the Act if the individual is an Australian citizen or ordinarily resident in Australia or, ifa corporation, established in Australia.

28.

Sector: Transport Services

Type of Reservation: National Treatment Local Presence (Article 9.6)

Level of Government: Central

Source of Measure: Competition and Consumer Act 2010 (Cth)

Description: Every ocean carrier who provides international liner cargo shipping services to or from Australia must, at all times, be represented by a natural person who is resident in Australia.

Only a person (18) affected by a registered conference agreement or by a registered non-conference ocean carrier with substantial market power may apply to the Australian Competition and Consumer Commission to examine whether conference members, and non-conference operators with substantial market power, are hindering other shipping operators from engaging efficiently in the provision of outward liner cargo services to an extent that is reasonable. For greater certainty, matters which are relevant to the determination of ‘reasonable' include Australia's national interest and the interests of Australian shippers.

(18) For the purposes of this entry, sections 10.48 and 10.58 of Part xX of the Competition and Consumer Act 2010 list the categories of persons to whom this reservation will apply.

29.

Sector: Transport Services

Obligations Concerned: Market Access (Article 9.3) National Treatment Senior Management and Boards of Directors (Article 14.8)

Level of Government:Central

Source of Measure: Air Navigation Act 1920 (Cth) Ministerial Statements

Description: Total foreign ownership of individual Australian international airlines (other than Qantas) is restricted to a maximum of 49 per cent.

Furthermore, it is required that:

(a) at least two-thirds of the board members must be Australian citizens;

(b) the chairperson of the board must be an Australian citizen;

(c) the airline's head office must be in Australia; and

(d) the airline's operational base must be in Australia.

30.

Sector: Transport Services

Obligations Concerned: Market Access (Article 9.3) National Treatment Senior Management and Boards of Directors (Article 14.8)

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 aggregate, with individual foreign holdings limited to 25 per cent and aggregate holdings by foreign airlines to 35 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 Local Presence (Article 9.6)

Level of Government: Regional

Source of Measure: Commercial Passenger (Road Transport) Act (NT) Road Transport (Public Passenger Services) Regulations 2002 (ACT)

Description: Northern Territory

A taxi licence will be cancelled where the holder, being an individual, has not been ordinarily resident in the Northern Territory for more than 6 months or, being a body corporate, has ceased for more than 6 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.

Section 3.

32.

Sector: Financial Services

Obligations Concerned: National Treatment Market Access (Article 9.3)

Level of Government: Central

Source of Measure: Banking Act 1959 (Cth) Banking Amendment Regulations 2000 (No. 1) 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 (ADI).

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

A foreign ADI is not permitted to accept initial deposits (and other funds) from individuals and noncorporate 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 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: Local Presence (Article 9.6)

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.

  • Chapter   1 General Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 General Definitions 1
  • Article   1.3 Transparency 1
  • Article   1.4 Public Comment Procedures 1
  • Article   1.5 Administrative Proceedings 1
  • Article   1.6 Review and Appeal 1
  • Article   1.7 Confidential Information 1
  • Article   1.8 Taxation 1
  • Article   1.9 General Exceptions 1
  • Article   1.10 Security Exceptions 1
  • Article   1.11 Relation to other Agreements 1
  • Article   1.12 Implementing Agreement 1
  • Article   1.13 Joint Committee 1
  • Article   1.14 Communications 1
  • Chapter   2 Trade In Goods 1
  • Section   1 General Rules 1
  • Article   2.1 Definitions 1
  • Article   2.2 Classification of Goods 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Elimination or Reduction of Customs Duties 1
  • Article   2.5 Customs valuation 1
  • Article   2.6 Export duties 2
  • Article   2.7 Export subsidies 2
  • Article   2.8 Non- tariff measures 2
  • Article   2.9 Administrative fees and charges 2
  • Article   2.10 Administration of trade regulations 2
  • Article   2.11 Import licensing 2
  • Article   2.12 Anti-dumping measures and countervailing measures 2
  • Section   2 Safeguard measures 2
  • Article   2.13 Application of bilateral safeguard measures 2
  • Article   2.14 Investigation 2
  • Article   2.15 Conditions and limitations 2
  • Article   2.16 Compensation 2
  • Article   2.17 Provisional bilateral safeguard measures 2
  • Article   2.18 Special safeguard measures on specific agricultural goods 2
  • Article   2.19 Relation to safeguard measures under the wto agreement 2
  • Section   3 Other provisions 2
  • Article   2.20 Reviews of market access and protection of competitiveness 2
  • Article   2.21 Sub-committee on trade in goods 2
  • Article   2.22 Amendment of annex 2
  • Article   2.23 Operational procedures 2
  • Chapter   3 Rules of origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 Originating goods 2
  • Article   3.3 Wholly obtained goods 2
  • Article   3.5 Calculation of qualifying value content 2
  • Article   3.6 Accumulation 3
  • Article   3.7 Non-qualifying operations 3
  • Article   3.8 Consignment 3
  • Article   3.9 Unassembled or disassembled goods 3
  • Article   3.10 Fungible goods and materials 3
  • Article   3.11 Indirect materials 3
  • Article   3.12 Accessories, spare parts and tools 3
  • Article   3.13 Packing materials and containers 3
  • Article   3.14 Documentary evidence of origin 3
  • Article   3.15 Certificate of origin 3
  • Article   3.16 Origin certification document 3
  • Article   3.17 Claim for preferential tariff treatment 3
  • Article   3.18 Waiver of documentary evidence of origin 3
  • Article   3.19 Measures regarding an erroneous or false documentary evidence of origin 3
  • Article   3.20 Record-keeping requirements 3
  • Article   3.21 Origin verification 3
  • Article   3.22 Verification visit 3
  • Article   3.23 Denial of preferential tariff treatment 3
  • Article   3.24 Non-party invoices 3
  • Article   3.25 Confidentiality 3
  • Article   3.26 Penalties 4
  • Article   3.27 Transitional provisions for goods in transport or storage 4
  • Article   3.28 Sub-committee on rules of origin 4
  • Article   3.29 Amendments to annexes 2 and 3 4
  • Chapter   4 Customs procedures 4
  • Article   4.1 Scope 4
  • Article   4.2 Definitions 4
  • Article   4.3 Transparency 4
  • Article   4.4 Customs clearance 4
  • Article   4.5 Advance rulings 4
  • Article   4.6 Temporary admission and goods in transit 4
  • Article   4.7 Cooperation and exchange of information 4
  • Article   4.8 Review process 4
  • Article   4.9 Sub-committee on customs procedures 4
  • Chapter   5 Sanitary and phytosanitary cooperation 4
  • Article   5.1 Scope 4
  • Article   5.2 Reaffirmation of rights and obligations 4
  • Article   5.3 Cooperation 4
  • Article   5.4 Sub-committee on sanitary and phytosanitary cooperation 4
  • Article   5.5 Chapter coordinator 4
  • Article   5.6 Non-application of chapter 19 (dispute settlement) 4
  • Chapter   6 Technical regulations, standards and conformity assessment procedures 4
  • Article   6.1 Scope 4
  • Article   6.2 Definitions 4
  • Article   6.3 Reaffirmation of rights and obligations 4
  • Article   6.4 International standards, guides or recommendations 4
  • Article   6.5 Technical regulations 4
  • Article   6.6 Conformity assessment procedures 4
  • Article   6.7 Transparency 4
  • Article   6.8 Sub-committee on technical regulations, standards and conformity assessment procedures 4
  • Article   6.9 Chapter coordinator 4
  • Article   6.11 Non-application of chapter 19 (dispute settlement) 4
  • Chapter   7 Food supply 4
  • Article   7.1 Basic principle 5
  • Article   7.2 Definitions 5
  • Article   7.3 Export restrictions on essential food 5
  • Article   7.4 Promotion and facilitation of investment 5
  • Article   7.5 Consultations for supply of essential food 5
  • Chapter   8 Energy and mineral resources 5
  • Article   8.1 Basic principle 5
  • Article   8.2 Definitions 5
  • Article   8.3 Stable supply of energy and mineral resources 5
  • Article   8.4 Export restrictions 5
  • Article   8.5 Export licensing procedures and administrations 5
  • Article   8.6 Energy and mineral resource regulatory measures 5
  • Article   8.7 Cooperation 5
  • Article   8.8 Sub-committee on energy and mineral resources 5
  • Chapter   9 Trade in services 5
  • Article   9.1 Scope 5
  • Article   9.2 Definitions 5
  • Article   9.3 Market access 5
  • Article   9.4 National treatment 5
  • Article   9.5 Most-favoured-nation treatment 5
  • Article   9.6 Local presence 5
  • Article   9.7 Non-conforming measures 5
  • Article   9.8 Domestic regulation 5
  • Article   9.9 Recognition 6
  • Article   9.10 Monopolies and exclusive service suppliers 6
  • Article   9.11 Subsidies 6
  • Article   9.12 Payments and transfers 6
  • Article   9.13 Restrictions to safeguard the balance-of-payments 6
  • Article   9.14 Denial of benefits 6
  • Article   9.15 Sub-committee on trade in services 6
  • Chapter   10 Telecommunications services 6
  • Article   10.1 Scope 6
  • Article   10.2 Definitions 6
  • Article   10.3 Access and use 6
  • Article   10.4 Submarine cables 6
  • Article   10.5 Number portability 6
  • Article   10.6 Dialling parity 6
  • Article   10.7 Competitive safeguards 6
  • Article   10.8 Treatment by major suppliers 6
  • Article   10.9 Resale 6
  • Article   10.10 Interconnection 6
  • Article   10.11 Unbundling of network elements 7
  • Article   10.12 Provisioning and pricing of leased circuit services 7
  • Article   10.13 Co-location 7
  • Article   10.15 Independent telecommunications regulatory body 7
  • Article   10.16 Universal service 7
  • Article   10.17 Licensing process 7
  • Article   10.18 Allocation and use of scarce resources 7
  • Article   10.19 Transparency 7
  • Article   10.20 Unsolicited electronic messages 7
  • Article   10.21 Resolution of telecommunications disputes 7
  • Article   10.22 Sub-committee on telecommunications 7
  • Article   10.23 Relation to international organisations 7
  • Chapter   11 Financial services 7
  • Article   11.1 Scope 7
  • Article   11.2 Definitions 7
  • Article   11.4 Domestic regulation 7
  • Article   11.5 Recognition 7
  • Article   11.6 Transfers of information and processing of information 7
  • Article   11.7 Regulatory transparency 7
  • Article   11.8 Self-regulatory organisations 7
  • Article   11.9 Payment and clearing systems 7
  • Article   11.10 Sub-committee on financial services 7
  • Article   11.11 Consultations 7
  • Article   11.12 Dispute settlement 7
  • Chapter   12 Movement of natural persons 7
  • Article   12.1 Scope 7
  • Article   12.2 Definitions 7
  • Article   12.3 Specific commitments 7
  • Article   12.4 Transparency 7
  • Article   12.5 Requirements and procedures relating to the movement of natural persons 7
  • Article   12.6 Dispute settlement 8
  • Chapter   13 Electronic commerce 8
  • Article   13.1 Basic principles 8
  • Article   13.2 Definitions 8
  • Article   13.3 Customs duties 8
  • Article   13.4 Non-discriminatory treatment of digital products 8
  • Article   13.5 Domestic regulation 8
  • Article   13.6 Electronic signature 8
  • Article   13.7 Consumer protection 8
  • Article   13.8 Personal data protection 8
  • Article   13.9 Paperless trade administration 8
  • Article   13.10 Cooperation 8
  • Chapter   14 Investment 8
  • Article   14.1 Scope 8
  • Article   14.2 Definitions 8
  • Article   14.3 National treatment 8
  • Article   14.4 Most-favoured-nation treatment 8
  • Article   14.5 Minimum standard of treatment 8
  • Article   14.6 Access to the courts of justice 8
  • Article   14.7 Special formalities and information requirements 8
  • Article   14.8 Senior management and boards of directors 8
  • Article   14.9 Prohibition of performance requirements 8
  • Article   14.10 Non-conforming measures and exceptions 9
  • Article   14.11 Expropriation and compensation 9
  • Article   14.12 Treatment in case of strife 9
  • Article   14.13 Transfers 9
  • Article   14.14 Subrogation 9
  • Article   14.15 General exceptions 9
  • Article   14.16 Temporary safeguard measures 9
  • Article   14.17 Denial of benefits 9
  • Article   14.18 Sub-committee on investment 9
  • Article   14.19 Review 9
  • Chapter   15 Competition and consumer protection 9
  • Article   15.1 Objectives 9
  • Article   15.2 Definitions 9
  • Article   15.3 Promotion of competition by addressing anticompetitive activities 9
  • Article   15.4 State-owned enterprises 9
  • Article   15.5 Cooperation on addressing anticompetitive activities 9
  • Article   15.6 Cooperation on consumer protection 9
  • Article   15.7 Consultations 9
  • Article   15.8 Confidentiality of information 9
  • Article   15.9 Non-application of chapter 19 (dispute settlement) 9
  • Chapter   16 Intellectual property 9
  • Article   16.1 General provisions 9
  • Article   16.2 Definitions 9
  • Article   16.3 National treatment 10
  • Article   16.4 Streamlining of procedural matters 10
  • Article   16.5 Acquisition and maintenance of intellectual property rights 10
  • Article   16.6 Transparency 10
  • Article   16.7 Promotion of public awareness of protection of intellectual property 10
  • Article   16.8 Patents 10
  • Article   16.9 Trade marks 10
  • Article   16.10 Geographical indications 10
  • Article   16.11 New varieties of plants 10
  • Article   16.12 Copyright and related rights 10
  • Article   16.13 Protection of undisclosed information 10
  • Article   16.14 Utility models 10
  • Article   16.15 Unfair competition 10
  • Article   16.16 Internet service providers 10
  • Article   16.17 Enforcement — general 10
  • Article   16.18 Enforcement — border measures 10
  • Article   16.19 Enforcement — civil remedies 10
  • Article   16.20 Enforcement — criminal procedures and penalties 10
  • Article   16.21 Sub-committee on intellectual property 10
  • Chapter   17 Government procurement 10
  • Article   17.1 Scope 10
  • Article   17.2 Definitions 10
  • Article   17.3 National treatment and non-discrimination 10
  • Article   17.4 Rules of origin 10
  • Article   17.5 Valuation of contracts 10
  • Article   17.6 Prohibition of offsets 11
  • Article   17.7 Technical specifications 11
  • Article   17.8 Tendering procedures 11
  • Article   17.9 Conditions for participation 11
  • Article   17.10 Notice of procurement 11
  • Article   17.11 Selective tendering 11
  • Article   17.12 Time-limits for tendering 11
  • Article   17.13 Tender documentation 11
  • Article   17.14 Submission, receipt and opening of tenders and awarding of contracts 11
  • Article   17.15 Limited tendering 11
  • Article   17.16 Post-award information 11
  • Article   17.17 Information on the procurement system 11
  • Article   17.18 Non-disclosure of information 11
  • Article   17.19 Challenge procedure 11
  • Article   17.20 Exceptions 11
  • Article   17.21 Ensuring integrity in procurement processes 11
  • Article   17.22 Rectifications or modifications 11
  • Article   17.23 Privatisation of procuring entities 11
  • Article   17.24 Further negotiation 11
  • Article   17.25 Cooperation 11
  • Chapter   18 Promotion of a closer economic relationship 11
  • Article   18.1 Cooperation 11
  • Article   18.2 Sub-committee on promotion of a closer economic relationship 11
  • Article   18.3 Functions of the contact point 12
  • Article   18.4 Non-application of chapter 19 (dispute settlement) 12
  • Chapter   19 Dispute settlement 12
  • Article   19.1 Scope 12
  • Article   19.2 Definitions 12
  • Article   19.3 Choice of dispute settlement procedure 12
  • Article   19.4 Consultations 12
  • Article   19.5 Good offices, conciliation or mediation 12
  • Article   19.6 Establishment and composition of arbitral tribunals 12
  • Article   19.7 Terms of reference of arbitral tribunals 12
  • Article   19.8 Functions of arbitral tribunals 12
  • Article   19.9 Proceedings of arbitral tribunals 12
  • Article   19.10 Information in proceedings 12
  • Article   19.11 Suspension and termination of proceedings 12
  • Article   19.12 Award 12
  • Article   19.13 Implementation of award 12
  • Article   19.14 Disagreement concerning implementation 12
  • Article   19.15 Compensation and suspension of concessions 12
  • Article   19.16 Rules of Procedure 13
  • Article   19.17 Modifications of Time Periods, Rules and Procedures 13
  • Article   19.18 Expenses 13
  • Chapter   20 Final Provisions 13
  • Article   20.1 Table of Contents and Headings 13
  • Article   20.2 Annexes and Notes 13
  • Article   20.3 Amendment 13
  • Article   20.4 Entry Into Force 13
  • Article   20.5 General Review 13
  • Article   20.6 Termination 13
  • Article   20.7 Authentic Texts 13
  • Annex 6  Referred to in chapter 9 (trade in services) and chapter 14 (investment) 13
  • Part   1 Schedule of Australia 13
  • Section   1 Notes for Sections 2 and 3 13
  • Section   2 13
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  • Section   3 15
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  • 35 16
  • Part   2 Schedule of japan 16
  • Section   1 Notes for section 2 16
  • Section   2 16
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  • Annex 7  Referred to in chapter 9 (trade in services) and chapter 14 (investment) 20
  • Part   1 Schedule of australia 20
  • Section   1 Notes for sections 2 and 3 20
  • Section   2 20
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  • Section   3 21
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  • 24 21
  • Part   2 Schedule of japan 21
  • Section   1 Notes for section 2 21
  • Section   2 21
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  • 9 22
  • 10 22
  • 11 22
  • 12 22
  • 13 22
  • 14 22
  • 15 22
  • Annex 8  Referred to in chapter 9 (trade in services) 22
  • 1 Scope 22
  • 2 Provision of information 22
  • 3 Recognition of qualifications 22
  • Annex 9  Referred to in chapter 11 (financial services) 22
  • Annex 10  Referred to in chapter 12 (movement of natural persons) 23
  • Part   1 Specific commitments of australia 23
  • Section   1 Business visitors of japan 23
  • Section   2 Intra-corporate transferees of japan 23
  • Section   3 Investors of japan 23
  • Section   4 Contractual service suppliers of japan 23
  • Section   5 Accompanying spouse and dependents 23
  • Part   2 Specific commitments of japan 23
  • Section   1 Short-term business visitors of australia 23
  • Section   2 Intra-corporate transferees of australia 23
  • Section   3 Investors of australia 23
  • Section   4 Natural persons of australia who engage in professional services 23
  • Section   5 Natural persons of australia who engage in business activities, which require technology or knowledge at an advanced level, on the basis of a personal contract with public or private organisations in japan 23
  • Section   6 Accompanying spouse and children 23
  • Annex 12  Referred to in chapter 14 (investment) 23
  • Implementing agreement between the government of japan and the government of australia pursuant to article 1.12 of the agreement between japan and australia for an economic partnership 23
  • Chapter   1 General provisions 23
  • 1.1 Scope and relationship to the basic agreement 23
  • Chapter   2 Rules of origin 23
  • 2.1 Issuance of certificate of origin 23
  • 2.2 Modification 23
  • 2.3 Language of documentary evidence of origin 23
  • 2.4 Consignment 23
  • 2.5 Minor errors 23
  • 2.6 Communications on origin verification 23
  • Chapter   3 Customs procedures 23
  • 3.1 Mutual assistance 23
  • 3.2 Information and communications technology 23
  • 3.3 Risk management 23
  • 3.4 Advance rulings 24
  • 3.5 Enforcement against illegal trafficking 24
  • 3.6 Intellectual property rights 24
  • 3.7 Exchange of information and confidentiality 24
  • Chapter   4 Final provisions 24
  • 4.1 Implementation 24
  • 4.2 Entry into force 24
  • 4.3 Amendment 24