5. In the course of fulfilling its functions, the IP Committee may agree that existing or new mechanisms be utilised or developed in order to promote dialogue between the Parties on intellectual property issues, including by providing opportunities for stakeholders to engage with the Parties on such issues.
6. Each Party shall notify the IP Committee annually of its progress in meeting its commitments under Article 5 (Copyright), and developments regarding accession to treaties listed in Article 9.7 (Co-operation). These notifications shall be submitted at least 30 days prior to the first IP Committee meeting of the year.
Chapter 15. COMPETITION
1. Objectives
The objectives of this Chapter are to promote competition in markets, and enhance economic efficiency and consumer welfare, through the adoption and maintenance of laws and regulations to proscribe anti-competitive activities, and through regional co-operation on the development and implementation of competition laws and regulations among the Parties. The pursuit of these objectives will help the Parties to secure the benefits of this Agreement, including facilitating trade and investment among the Parties.
2. Basic Principles
1. Each Party shall implement this Chapter in a manner consistent with the objectives of this Chapter.
2. Acknowledging each Party's rights and obligations under this Chapter, the Parties recognise:
(a) the sovereign rights of each Party to develop, set, administer and enforce its competition laws, regulations and policies; and
(b) the significant differences that exist among the Parties in capacity and level of development in the area of competition law and policy.
3. Appropriate Measures Against Anti-Competitive Activities (1)
1. Each Party shall adopt or maintain competition laws and regulations to proscribe anti-competitive activities,(2) and shall enforce those laws and regulations accordingly.
2. Each Party shall establish or maintain an authority or authorities to effectively implement its competition laws and regulations.
3. Each Party shall ensure independence in decision making by its authority or authorities in relation to the enforcement of its competition laws and regulations.
4. Each Party shall apply and enforce its competition laws and regulations in a manner that does not discriminate on the basis of nationality.
5. Each Party shall apply its competition laws and regulations to all entities engaged in commercial activities, regardless of their ownership. Any exclusion or exemption from the application of each Party's competition laws and regulations, shall be transparent and based on grounds of public policy or public interest.
6. Each Party shall make publicly available its competition laws and regulations, and any guidelines issued in relation to the administration of such laws and regulations, except for internal operating procedures.
7. Each Party shall make public the grounds for any final decision or order to impose a sanction or remedy under its competition laws and regulations, and any appeal therefrom, subject to:
(a) (i) its laws and regulations;
(ii) its need to safeguard confidential information; or
(iii) its need to safeguard information on grounds of public policy or public interest; and
(b) redactions from the final decision or order on any of the grounds referred to in Subparagraph (a)(i) to (iii).
8. Each Party shall ensure that before a sanction or remedy is imposed on any person or entity for breaching its competition laws or regulations, such person or entity is given the reasons, which should be in writing where possible, for the allegations that the Party's competition laws or regulations have been breached, and a fair opportunity to be heard and to present evidence.
9. Each Party shall, subject to any redactions necessary to safeguard confidential information, make the grounds for any final decision or order to impose a sanction or remedy under its competition laws and regulations, and any appeal therefrom, available to the person or entity subject to that sanction or remedy. (3)
10. Each Party shall ensure that any person or entity subject to the imposition of a sanction or remedy under its competition laws and regulations has access to an independent review of or appeal against that sanction or remedy.
11. Each Party recognises the importance of timeliness in the handling of competition cases.
4. Co-operation (4)
The Parties recognise the importance of co-operation between oramong their respective competition authorities to promote effective competition law enforcement. To this end, the Parties may co-operate on issues relating to competition law enforcement, through their respective competition authorities, in a manner compatible with their respective laws, regulations and important interests, and within their respective available resources. The form of such co-operation may include:
(a) notification by a Party to another Party of its competition law enforcement activities that it considers may substantially affect the important interests of the other Party, as promptly as reasonably possible;
(b) upon request, discussion between or among Parties to address any matter relating to competition law enforcement that substantially affects the important interests of the requesting Party;
(c) upon request, exchange of information between or among Parties to foster understanding or to facilitate effective competition law enforcement; and
(d) upon request, co-ordination of enforcement actions between or among Parties in relation to the same or related anti-competitive activities.
5. Confidentiality of Information
1. This Chapter shall not require the sharing of information by a Party which is contrary to that Party's laws, regulations, or important interests.
2. Where a Party requests confidential information under this Chapter, the requesting Party shall notify the requested Party of:
(a) the purpose of the request;
(b) the intended use of the requested information; and
(c) any laws or regulations of the requesting Party that may affect the confidentiality of information or require the use of the information for purposes not agreed upon by the requested Party.
3. The sharing of confidential information between any of the Parties and the use of such information shall be based on terms and conditions agreed by the Parties concerned.
4. If information shared under this Chapter is shared on a confidential basis, then, except to comply with its laws and regulations, the Party receiving the information shall:
(a) maintain the confidentiality of the information received;
(b) use the information received only for the purpose disclosed at the time of the request, unless otherwise authorised by the Party providing the information;
(c) not use the information received as evidence in criminal proceedings carried out by a court or a judge unless, on request of the Party receiving the information, such information is provided for such use in criminal proceedings through diplomatic channels or other channels established in accordance with the laws and regulations of the Parties concerned;
(d) not disclose the information received to any other authority, entity, or person not authorised by the Party providing the information; and
(e) comply with any other conditions required by the Party providing the information.
6. Technical Co-operation and Capacity Building
The Parties agree that it is in their common interest to work together, multilaterally or bilaterally, on technical co-operation activities to build necessary capacities to strengthen competition and consumer protection policy development, and competition and consumer protection law enforcement, taking into account the availability of resources of the Parties. Technical co-operation activities may include:
(a) sharing of relevant experiences and non-confidential information on the development and implementation of competition and consumer protection law and policy;
(b) exchange of officials for training purposes;
(c) exchange of consultants and experts on competition and consumer protection law and policy;
(d) participation of officials as lecturers, consultants, or participants at training courses on competition and consumer protection law and policy;
(e) participation of officials in advocacy programmes; and
(f) any other form of technical co-operation as agreed upon by the Parties.
7. Consumer Protection
1. The Parties recognise the importance of consumer protection law and the enforcement of such law as well as co-operation among the Parties on matters related to consumer protection in order to achieve the objectives of this Chapter.
2. Each Party shall adopt or maintain laws or regulations to proscribe the use in trade of misleading practices, or false or misleading descriptions.
3. Each Party shall establish or maintain an authority or authorities to effectively implement its consumer protection laws and regulations.
4. The Parties recognise the importance of issuing public advisories or warnings against misleading practices or false or misleading descriptions in a manner compatible with their respective laws and regulations.
5. Each Party also recognises the importance of improving awareness of and access to consumer rights and consumer redress mechanisms, including the roles of consumer organisations and_ industry self-regulation in raising awareness of consumer rights. Each Party also recognises the importance of learning from international best practices.
6. The Parties may co-operate and co-ordinate on matters of mutual interest related to consumer protection. Such co-operation and co-ordination shall be carried out in a manner compatible with the Parties' respective laws and regulations and within their available resources.
7. The Parties may, through their respective authorities, exchange information in relation to the administration and enforcement of their consumer protection laws. Any exchange of information shall be compatible with their respective laws, regulations and important interests, within their available resources, and subject to the requirements and protections in Article 5 (Confidentiality of Information).
8. Consultations
In order to foster understanding between the Parties, or to address specific matters that arise under this Chapter, on request of a Party, a requested Party shall enter into consultations with the requesting Party. In its request, the requesting Party shall indicate, if relevant, how the matter that is the subject of the request affects its important interests, including trade or investment between the Parties concerned. The requested Party shall accord full and sympathetic consideration to the concerns of the requesting Party.
9. Contact Points
To ensure that technical co-operation under this Chapter occurs on an ongoing basis, the Parties shall designate contact points for technical co-operation and information exchange under this Chapter.
10. Non-Application of Chapter 20 (Consultations and Dispute Settlement)
Chapter 20 (Consultations and Dispute Settlement) shall not apply to any matter arising under this Chapter.
Chapter 16. MICRO, SMALL AND MEDIUM ENTERPRISES
1. Objectives
1. The Parties recognise that MSMEs contribute significantly to economic growth, employment and innovation, and therefore seek to promote information sharing and co-operation to increase the ability of MSMEs to utilise and benefit from the opportunities created by this Agreement.
2. The Parties acknowledge that MSMEs are disproportionately affected by disasters and_ public emergencies. This Chapter seeks to promote co-operation among the Parties to facilitate the participation of MSMEs in international trade and in addressing trade-related issues.
3. The Parties acknowledge that various Chapters in this Agreement contain provisions that contribute to encouraging and facilitating the participation of MSMEs in this Agreement.
2. Information Sharing
1. Each Party shall promote the sharing of information related to this Agreement that is relevant to MSMEs, including through the establishment and maintenance of a publicly accessible information platform, and through information exchange to share knowledge, experiences and best practices among the Parties.
2. The information to be made publicly accessible referred to in Paragraph 1 will include:
(a) the full text of this Agreement;
(b) information on trade and investment-related laws and regulations that each Party considers relevant to MSMEs; and
(c) additional business-related information that each Party considers useful for MSMEs interested in benefitting from the opportunities provided by this Agreement.
3. Each Party shall make publicly accessible the information referred to in Paragraph 1, either on the AANZFTA website (1) or a website established by the Party.
4. Where, in accordance with Paragraph 3, a Party makes information publicly accessible, including through online means, that information may include links to any equivalent websites of the other Parties or a link to the AANZFTA website.
5. Each Party shall, regularly or on request of another Party, review the information referred to in Paragraph 2 and the links referred to in Paragraph 4 to ensure that the information provided is accurate and up-to-date.
6. Each Party shall work towards ensuring that information made publicly accessible pursuant to this Article is presented in a manner that is easy to use for MSMEs. Where possible, each Party shall endeavour to make the information referred to in Paragraph 2 available in the English language.
3. Co-operation
1. The Parties shall strengthen their co-operation under this Chapter through sharing and exchanging information on best practices in relation to MSMEs. Such co-operation may include:
(a) encouraging efficient and effective implementation of facilitative and transparent trade rules and regulations;
(b) improving MSMEs' access to markets and participation in global value chains, including by promoting and facilitating partnerships among businesses;
(c) promoting the use of electronic commerce by MSMEs;
(d) exploring opportunities for exchanges. of experiences among Parties' entrepreneurial programmes;
(e) promoting the formalisation of MSMEs;
(f) encouraging innovation and use of technology including supporting digital transformation and innovative start-ups;
(g) promoting awareness, understanding and effective use of intellectual property systems among MSMEs;
(h) promoting good regulatory practices and building capacity in formulating and implementing regulations, policies and programmes that contribute to MSMEs' development;
(i) helping MSMEs develop capabilities in sustainability;
(j) encouraging a vibrant and conducive sustainability ecosystem for MSMEs in the region;
(k) providing information on promoting access to finance throughout MSMEs' various stages of growth;
(l) supporting MSMEs to capture opportunities in new and emerging areas including in the green economy;
(m) strengthening human capital and talent development capabilities of MSMEs;
(n) enhancing the capability and competitiveness of MSMEs; and
(0) enhancing MSMEs' knowledge of and capacity to utilise free trade agreements.
2. Co-operation activities undertaken under this Chapter are subject to the availability of resources and any terms and conditions agreed between the Parties.
4. Contact Points
Each Party shall, within 30 days of the date of entry into force of the Second Protocol for that Party, notify the other Parties of its contact point for this Chapter. Each Party shall promptly notify the other Parties of any change to its contact point.
5. Committee on MSMEs
1. The Parties hereby establish a Committee on MSMEs (the "MSMEs Committee"), consisting of government officials of the Parties.
2. The functions of the MSMEs Committee shall be to:
(a) identify ways to assist MSMEs of the Parties to take advantage of the commercial opportunities and benefits under this Agreement. This may include exchanging and sharing information on seminars, workshops or other activities such as export counselling undertaken by the Parties;
(b) consider any other matters pertaining to MSMEs as appropriate and as agreed by the Parties, including any issues raised by MSMEs regarding their ability to benefit from this Agreement; and
(c) report to the FTA Joint Committee as required and make recommendations to the FTA Joint Committee as appropriate.
3. The MSMEs Committee shall co-ordinate its work programme with other relevant bodies established under the Agreement and shall submit a report of any activities undertaken to the FTA Joint Committee as appropriate.
4. The MSMEs Committee may seek to collaborate with appropriate experts, international organisations and the private sector in carrying out its work programme and activities, including through consultation and dialogue with MSMEs as agreed by the Parties.
5. The MSMEs Committee shall meet within one year of the date of entry into force of the Second Protocol, and thereafter as determined by the Parties.
6. Non-Application of Dispute Settlement
Dispute settlement mechanisms in this Agreement shall not apply to any matter arising under this Chapter.
Chapter 17. GOVERNMENT PROCUREMENT
1. Objectives
The objectives of this Chapter are to recognise the importance of promoting the transparency of laws, regulations and procedures, facilitating participation by MSMEs, ensuring integrity, promoting environmentally sustainable procurement and the use of electronic means in procurement, and enhancing co-operation among the Parties, regarding government procurement.
2. Scope
1. This Chapter shall apply to the laws, regulations and procedures of a Party regarding government procurement implemented by its central government entities, as defined or notified by that Party for the purposes of this Chapter.
2. Nothing in this Chapter shall require a Least Developed Country Party to undertake any obligation regarding transparency and co-operation. A Least Developed Country Party may benefit from co-operation among the Parties.
3. General Principles
The Parties recognise the role of government procurement in furthering the economic integration of the region so as to promote growth and employment. Where government procurement is expressly open to international competition, each Party shall consider ways to promote and apply important principles of transparency, value for money, and accountability and due process in its government procurement procedures, where appropriate and consistent with that Party's laws, regulations and procedures.
4. Transparency
1. Each Party shall make publicly available any law, regulation or procedure regarding government procurement, including, to the extent possible and as appropriate, information on where tender opportunities and contract award notices are published.
2. Ifa Party maintains any law, regulation or procedure that provides preferential treatment for domestic goods, services or suppliers, including MSMEs, the Party shall endeavour to make such laws, regulations or procedures, including the criteria for eligibility, publicly available.
3. To the extent possible and as appropriate, each Party endeavours to make available and update the information referred to in Paragraphs 1 and 2 through electronic means.
4. Each Party shall specify in Annex 17A (Paper or Electronic Means Utilised by Parties for the Publication of Transparency Information) the paper or electronic means utilised by that Party to publish the information referred to in Paragraphs 1 and 2.
5. Each Party endeavours to make the information referred to in Paragraphs 1 and 2 available in the English language.
6. To the extent possible and if appropriate, where a request has been made by an unsuccessful supplier, a Party's procuring entity is encouraged to provide that unsuccessful supplier with an explanation of the reasons why the procuring entity did not select that supplier's tender, or an explanation of the advantages of the successful supplier's tender.
5. Use of Electronic Means
In respect of procurement conducted by entities within the scope of this Chapter, the Parties shall endeavour to use electronic means to the widest extent practicable for the publication of notices, tender documentation, information exchange and communication, and the submission of tenders.
6. Environmentally Sustainable Procurement
The Parties recognise that government procurement can contribute to environmental sustainability. Accordingly, the Parties shall endeavour to incorporate environmentally sustainable procurement policies and practices to the extent possible and as appropriate.
7. Ensuring Integrity In Procurement Practices
1. Each Party shall ensure that criminal or administrative laws, regulations, and procedures exist to address corruption in its government procurement. This may include rendering ineligible for participation in the Party's procurements, either indefinitely or for a stated period of time, suppliers that the Party has determined to have engaged in fraudulent or other illegal actions in relation to government procurement in the Party's territory.
2. Each Party shall have in place laws, regulations or procedures to manage any potential conflict of interest on the part of those engaged in or having influence over a government procurement.
8. Facilitation of Participation by MSMEs
The Parties recognise the important contribution that MSMEs can make to economic growth and employment, and the importance of facilitating the participation of MSMEs in government procurement.
9. Co-operation
1. The Parties shall endeavour to co-operate on matters relating to government procurement, with a view to achieving a better understanding of each Party's respective government procurement systems. Such co-operation may include:
(a) exchanging information on Parties' laws, regulations and procedures, and any modifications thereof;
(b) providing training, technical assistance or capacity building to Parties, and sharing information on these initiatives;
(c) sharing information on best practices, including those in relation to MSMEs;
(d) sharing information on electronic procurement systems; and
(e) sharing information on developing and expanding the use of electronic means in government procurement systems.