(b) permits parties to electronic transactions to have the opportunity to prove in court that their electronic transactions comply with any legal requirements.
2. The Parties shall work towards the mutual recognition of digital certificates at government level, based on internationally accepted standards.
3. The Parties shall encourage the interoperability of digital certificates in the business sector.
Article 1105. Online Consumer Protection
Each Party shall, to the extent possible and in a manner considered appropriate by each Party, provide protection for consumers using electronic commerce that is at least equivalent to that provided for consumers of other forms of commerce under their respective laws, regulations and policies.
Article 1106. Online Personal Data Protection
1. Notwithstanding the differences in existing systems for personal data protection in the territories of the Parties, each Party shall take such measures as it considers appropriate and necessary to protect the personal data of users of electronic commerce.
2. In the development of data protection standards, each Party shall, to the extent possible, take into account international standards and the criteria of relevant international organisations.
Article 1107. Paperless Trading
1. Each Party shall accept the electronic format of trade administration documents as the legal equivalent of paper documents except where:
(a) there is a domestic or international legal requirement to the contrary; or (b) doing so would reduce the effectiveness of the trade administration process.
2. The Parties shall cooperate bilaterally and in international forums to enhance acceptance of electronic versions of trade administration documents.
Article 1108. Cooperation on E-commerce
1. The Parties shall encourage cooperation in research and training activities thatwould enhance the development of e-commerce, including by sharing best practices on e-commerce development
2. The Parties shall encourage cooperative activities to promote e-commerce, including those that would improve the effectiveness and efficiency of e-commerce.
Article 1109. Non-application of Dispute Settlement Provisions
Except for Article 1102, Chapter 18 shall not apply to the provisions of this Chapter.
Chapter 12. Competition Policy
Article 1201. Objective and Definitions
1. The aim of this Chapter is to contribute to the fulfilment of the objectives of this Agreement through the promotion of fair competition and the curtailment of anti- competitive practices.
2. For the purposes of this Chapter, "anti-competitive practices" means business conduct or transactions that adversely affect competition, such as:
(a) anti-competitive horizontal arrangements between competitors;
(b) misuse of market power, including predatory pricing;
(c) anti-competitive vertical arrangements; and
(d) anti-competitive mergers and acquisitions.
Article 1202. Promotion of Competition
Each Party shall promote competition by addressing anti-competitive practices in its territory, and by adopting and enforcing such means or measures as it deems appropriate and effective to counter such practices.
Article 1203. Application of Competition Laws
1. The Parties shall ensure that all businesses are subject to such generic or relevant sectoral competition laws as may be in force in their respective territories.
2. Any measures taken by a Party to proscribe anti-competitive practices, and the enforcement actions taken pursuant to those measures, shall be consistent with the principles of transparency, timeliness, non-discrimination, comprehensiveness and procedural fairness.
Article 1204. Exemptions
Either Party may exempt specific measures or sectors from this Chapter, provided that such exemptions are transparent and are undertaken on the grounds of public policy or public interest.
Article 1205. Cooperation and Exchange of Information
The Parties recognise the importance of cooperation and coordination in achieving effective enforcement outcomes under their respective competition laws. The Parties also recognise the importance of confidentiality in respect of these arrangements. Accordingly, the Parties shall cooperate, where appropriate, on issues of competition law enforcement, including through the exchange of information, notification, consultation, and coordination of enforcement matters that are cross-border in nature.
Article 1206. Consultations and Review
1. At the request of either Party, the Parties shall consult with a view to eliminating particular anti-competitive practices that affect trade or investment between the Parties.
2. Within three years of the entry into force of this Agreement, the Parties shall consult in order to review the scope and operation of this Chapter with a view to negotiating amendments to this Chapter that may be necessary to ensure the comprehensive protection in their respective territories of the legitimate commercial interests of businesses of the other Party.
3. In undertaking any consultations in accordance with Paragraph 2, the Parties shall also discuss the desirability of concluding arrangements for cooperation and mutual assistance in competition policy and enforcement, either as amendments to this Chapter or as separate arrangements between their respective competition authorities.
4. Any information or documents exchanged between the Parties in relation to any mutual consultation or review conducted pursuant to the provisions of this Chapter shall be kept confidential. Neither Party shall, except to comply with its domestic legal requirements, release or disclose such information or documents to any person without the written consent of the Party that provided such information or documents. Where the disclosure of such information or documents is necessary to comply with the domestic legal requirements of a Party, that Party shall notify the other Party before such disclosure is made.
Article 1207. Transparency
The Parties shall publish or otherwise make publicly available their laws promoting fair competition and their laws addressing anti-competitive practices.
Article 1208. General
1. Chapter 18 shall not apply to the provisions of this Chapter.
2. In the event of any inconsistency or conflict between any provision in this Chapter and any provision contained in any other Chapter of this Agreement, the latter shall prevail to the extent of such inconsistency or conflict.
Chapter 13. Intellectual Property
Article 1301. Objective
1. The objective of this Chapter is to increase the benefits from trade and investment through the protection and enforcement of intellectual property rights.
2. "Intellectual property rights" refers to copyright and related rights, rights in trade marks, geographical indications, industrial designs, patents, and lay-out designs (topographies) of integrated circuits, rights in plant varieties, and rights in undisclosed information, as defined and described in the WIO Agreement on Trade- Related Aspects of Intellectual Property Rights.
Article 1302. Observance of International Obligations
The Parties shall fully respect the provisions of the WTO Agreement on Trade- Related Aspects of Intellectual Property Rights and any other multilateral agreement relating to intellectual property to which both are parties.
Article 1303. Measures to Prevent the Export of Goods That Infringe Copyright or Trade Marks
Each Party, on receipt of information or complaints, shall take measures to prevent the export of goods that infringe copyright or trade marks, in accordance with its laws, regulations, or policies.
Article 1304. Cooperation on Enforcement
The Parties shall cooperate with a view to eliminating trade in goods infringing intellectual property rights, subject to their respective laws, regulations, or policies. Such cooperation may include:
(a) the notification of contact points for the enforcement of intellectual property rights;
(b) the exchange, between respective agencies responsible for the enforcement of intellectual property rights, of information concerning the infringement of intellectual property rights;
(c) policy dialogue on initiatives for the enforcement of intellectual property rights in multilateral and regional fora; and
(d) such other activities and initiatives for the enforcement of intellectual property rights as may be mutually determined by the Parties.
Article 1305. Other Cooperation
The Parties, through their competent agencies, shall:
(a) exchange information and material on programs pertaining to education in and awareness of intellectual property rights, and to commercialisation of intellectual property, to the extent permissible under their respective laws, regulations and policies; and
(b) encourage and facilitate the development of contacts and cooperation between their respective government agencies, educational institutions, organisations and other entities concerning the protection and development of intellectual property rights with a view to:
(i) improving and strengthening the intellectual property administrative systems in areas such as patents examination and trademarks registration;
(ii) stimulating the creation and development of intellectual property by persons of each Party, particularly individual inventors and creators as well as small to medium-sized enterprises (SMEs); and
(iii) enhancing the capacity of and opportunity for the owners of intellectual property rights to obtain the maximum utilisation and commercial benefits from those rights.
Chapter 14. Transparent Administration of Laws and Regulations
Article 1401. Definition
For the purposes of this Chapter, "administrative ruling of general application" means an administrative ruling or interpretation that applies to all persons and fact situations that fall within its ambit 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, service or investment of the other Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Article 1402. Publication
1. Each Party shall ensure that its laws, regulations, and administrative rulings of general application pertaining to trade in goods, services and investment are promptly published or otherwise made available in such a manner as to enable interested persons from the other Party to become acquainted with them.
2. Each Party shall maintain an official journal or journals and publish any measures referred to in Paragraph 1 in such journals. Each Party shall publish such journals regularly and make copies of them readily available to the public.
3. A Party may comply with Paragraphs 1 and 2 by publication on the Internet.
4. When possible, a Party shall publish in advance any measure referred to in Paragraph 1 that it proposes to adopt and shall provide, where applicable, interested persons a reasonable opportunity to comment on such proposed measures.
5. Each Party shall endeavour promptly to provide information and to respond to questions from the other Party pertaining to any measure referred to in Paragraph 1.
Article 1403. Contact Point
1. Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement.
2. Upon request, the contact point shall identify the office responsible for the matter and assist, as necessary, in facilitating communication with the requesting Party.
Article 1404. Administrative Proceedings
Each Party shall ensure in its administrative proceedings applying to any measure referred to in Article 1402 that:
(a) wherever possible, persons of the other Party who are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of the issues in question;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions before any final administrative action, when time, the nature of the proceeding and the public interest permit; and
(c) its procedures are in accordance with domestic law.
Article 1405. Review and Appeal
A Party shall ensure that, where warranted, appropriate domestic procedures are in place to enable prompt review and correction of final administrative actions, other than those taken for prudential reasons, regarding matters covered by this Chapter, that:
(a) provide for tribunals or panels that are impartial and independent of any office or authority entrusted with administrative enforcement and have no substantial interest in the outcome of the matter;
(b) provide parties to any proceeding with a reasonable opportunity to present their respective positions;
(c) provide parties to any proceeding with a decision based on the evidence and submissions of record, or, where required by domestic law, the record compiled by the administrative authority; and
(d) ensure, subject to appeal or further review under domestic law, that such decisions are implemented by, and govern the practice of, the offices or authorities regarding the administrative action at issue.
Chapter 15. Government Procurement
Article 1501. Purpose
The Parties recognise the importance of government procurement to their economies and the importance of covering government procurement in this Agreement at the earliest opportunity.
Article 1502. Establishment of Working Group
1. A Working Group consisting of government representatives of the Parties having responsibility for government procurement is hereby established.
2. The Working Group shall meet regularly to discuss all relevant issues.
3. The Working Group shall report to the FTA Joint Commission within 12 months of the entry into force of this Agreement with recommendations on the scope for commencing bilateral negotiations to bring government procurement under this Agreement and the coverage of such negotiations.
Article 1503. Procurement Principles
In preparation for the outcome of the negotiations mandated by Article 1502, the Parties shall, to the extent possible, promote and apply transparency, value for money, open and effective competition, fair dealing, accountability and due process, and non-discrimination in their government procurement procedures.
Article 1504. Exchange of Information on Government Procurement
The Parties shall, subject to their laws, regulations and policies, exchange information in respect of their government procurement policies and practices.
Article 1505. Dispute Settlement
Chapter 18 shall not apply to this Chapter unless specifically authorised by the further negotiations mandated by Article 1502.
Chapter 16. General Exceptions
Article 1601. General Exceptions
1. For the purposes of Chapters 2 — 7, Article XX of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis.
2. For purposes of Chapters 8 — 10, Article XIV of GATS is incorporated into and made part of this Agreement, mutatis mutandis.
3. Article XX (e) — (g) of GATT 1994 is incorporated into and made part of Chapter 9, mutatis mutandis.
Article 1602. Security Exceptions
1. For the purposes of Chapters 2 — 7, Article XXI of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis.
2. For the purposes of Chapters 8 - 10, Article XIV bis of GATS is incorporated into and made part of this Agreement, mutatis mutandis.
Article 1603. Disclosure of Information
Nothing in this Agreement shall require a Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private.
Article 1604. Balance of Payments
1. In the case of trade in goods, a Party may, in accordance with GATT 1994 and the Understanding on Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994, adopt restrictive import measures in order to safeguard its external financial position and its balance of payments.
2. The Party adopting any restrictions under this Article shall initiate consultations with the other Party to review the restrictions adopted by it.
Article 1605. Restrictions to Safeguard the Balance of Payments
1. In the event of serious balance of payments and external financial difficulties or threat thereof, a Party may adopt or maintain restrictions on payments and transfers of funds of any investor of the other Party related to any investment covered by Chapter 9 and international payments and transfers for current transactions (8) related to its specific commitments under Chapter 8. It is recognised that particular pressures on the balance of payments of a Party in the process of economic development may necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for stable economic development.
2. The restrictions referred to in Paragraph 1 shall:
(a) be consistent with the Articles of Agreement of the International Monetary Fund;
(b) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;
(c) notexceed 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 national treatment basis and such that the other Party is treated no less favourably than any non-Party.
3. In determining the incidence of such restrictions, the Parties may give priority to economic sectors which are more essential to their 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 under Paragraph 1, or any changes therein, shall be promptly notified to the other Party.
5. The Party applying any restrictions under Paragraph 1 shall commence consultations with the other Party in order to review the restrictions applied by it.
Article 1606. Prudential Measures
Nothing in this Agreement shall prevent a Party from taking measures for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by a financial service (9) supplier, or to ensure the integrity and stability of the financial system. Where such measures do not conform with the provisions of the Agreement, they shall not be used as a means of avoiding the Party's commitments or obligations under this Agreement.
Article 1607. Taxation Measures
1. This Agreement shall only grant rights or impose obligations with respect to taxation measures:
(a) where a corresponding right or obligation is also granted or imposed by the WTO Agreement; and
(b) under Article 912. (10)
2. If there is a dispute described in Article 917 (1) that may relate to a taxation measure, then the Parties, including representatives of their tax administrations, shall hold consultations. Any tribunal established under Article 917 shall accept a decision of the Parties as to whether the measure in question is a taxation measure.
3. In the event of any inconsistency relating to a taxation measure between this Agreement and the Agreement between Australia and the Kingdom of Thailand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion, done at Canberra on 31 August 1989, the latter shall prevail. Any consultations between the Parties about whether an inconsistency relates to a taxation measure shall include representatives of the tax administration of each Party. (11)
Chapter 17. Institutional Provisions
Article 1701. Establishment of the Free Trade Agreement Joint Commission
A Free Trade Agreement Joint Commission (FTA Joint Commission) shall be established to ensure the proper implementation of this Agreement and to review periodically the economic relationship and partnership between the Parties. The FTA Joint Commission may meet at the level of ministers or senior officials, as mutually determined from time to time by the Parties. Each Party shall be responsible for the composition of its delegation.
Article 1702. Mandate of the Free Trade Agreement Joint Commission
1. The FTA Joint Commission shall:
(a) review the general functioning of this Agreement;
(b) review and consider specific matters related to the operation and implementation of this Agreement;
(c) consider any proposal to amend this Agreement;
(d) establish, as required, permanent and ad hoc subsidiary bodies and refer matters to them for advice and consider matters raised by all subsidiary bodies created under this Agreement;
(e) seek advice from non-governmental persons or groups on any matter falling within its responsibilities where this would help the FTA Joint Commission make an informed decision;
(f) explore measures for the further expansion of trade and investment between the Parties and identify appropriate areas of commercial, industrial and technical cooperation between relevant enterprises and organisations of the Parties; and