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Article 1.1: Establishment of a Free Trade Area

The Parties, consistent with Article XXIV of GATT 1994 and Article V of GATS, hereby establish a free trade area in accordance with the provisions of this Agreement.

Article 1.2: Relation to Other Agreements

1. The Parties affirm their existing rights and obligations with respect to each other under existing international agreements to which both Parties are party, including the WTO Agreement.

2. If a Party considers that a provision of this Agreement is inconsistent with a provision of another agreement to which it and the other Party are party, the Parties shall, on request, consult with a view to reaching a mutually satisfactory solution. This paragraph is without prejudice to a Party鈥檚 rights and obligations under Chapter 30 (Dispute Settlement).^{[footnote 1]}

3. For as long as the Protocol on Ireland/Northern Ireland to the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, signed in London and Brussels on 24 January 2020 (the 鈥淧rotocol鈥�) is in force,^{[footnote 2]} nothing in this Agreement shall preclude the United Kingdom from adopting or maintaining measures, or refraining from doing so, further to聽the Protocol,聽and amendments thereto and subsequent agreements replacing parts thereof, provided that such measures, or聽the聽absence of such measures, are聽not used as a means of arbitrary or unjustified discrimination against the聽other Party聽or as a disguised restriction on trade.鈥���

4. On request of either Party, the Parties shall hold consultations, in relation to the effects of a measure described in paragraph 3 the United Kingdom has adopted, or absence thereof,^{[footnote 3]} on this Agreement and seek a mutually acceptable solution.^{[footnote 4]}

Article 1.3: Laws and regulations and their amendments

Where reference is made in this Agreement to laws or regulations of a Party, those laws or regulations shall be understood to include amendments thereto and successor laws or regulations, unless otherwise specified.

Article 1.4 General Definitions

For the purposes of this Agreement, unless otherwise provided in this Agreement:

鈥�AD Agreement鈥� means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, in Annex 1A to the WTO Agreement;

鈥淎greement鈥� means the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia;

鈥淎greement on Safeguards鈥� means the Agreement on Safeguards, in Annex 1A to the WTO Agreement;

鈥渃entral level of government鈥� means:

(a) for Australia, the Commonwealth Government; and

(b) for the United Kingdom, her Majesty鈥檚 Government of the United Kingdom of Great Britain and Northern Ireland;

鈥�Joint Committee鈥� means the Australia-United Kingdom Joint Committee established under Article 29.1 (Establishment of the Joint Committee 鈥� Administrative and Institutional Provisions);

鈥渃overed investment鈥� means, with respect to a Party, an investment in its territory of an investor of the other Party in existence as of the date of entry into force of this Agreement, or established, acquired, or expanded thereafter;

鈥渃ustoms authority鈥� means:

(a) for Australia, the Department of Home Affairs, or its successor; and

(b) for the United Kingdom, Her Majesty鈥檚 Revenue and Customs or its successor or where relevant, any other authority responsible for customs matters within its territory. For greater certainty, with respect to the provisions of this Agreement which apply to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, 鈥榗ustoms authority鈥� shall also mean:

(i) with respect to the Bailiwick of Jersey, the Jersey Customs & Immigration Service or its successor;

(ii) with respect to the Bailiwick of Guernsey, Guernsey Customs & Excise or its successor; and

(iii) with respect to the Isle of Man, the Customs and Excise Division, Isle of Man Treasury or its successor;

鈥渃ustoms duty鈥� includes any duty or charge of any kind imposed on or in connection with the importation of a good, including any form of surtax or surcharge imposed on or in connection with such importation, but does not include any:

(a) charge equivalent to an internal tax imposed consistently with Article III:2 of GATT 1994;

(b) fee or other charge in connection with the importation commensurate with the cost of services rendered; or

(c) antidumping or countervailing duty applied聽consistently聽with the provisions of聽Article聽VI聽of GATT 1994, the聽Anti-dumping Agreement,聽and聽the SCM听础驳谤别别尘别苍迟;听

鈥淐ustoms Valuation Agreement鈥� means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement;

鈥渄ays鈥� means calendar days;

鈥渆nterprise鈥� means any entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association or similar organisation;

鈥渆xisting鈥� means in effect on the date of entry into force of this Agreement;

鈥�GATS鈥� means the General Agreement on Trade in Services in Annex 1B to the WTO Agreement;

鈥�GATT 1994鈥� means the General Agreement on Tariffs and Trade 1994 in Annex 1A to the WTO Agreement.聽 For greater certainty, references in this Agreement to articles in the GATT 1994 include the interpretative notes;

鈥済ood鈥� means any merchandise, product, article, or material;

鈥済oods of a Party鈥� means domestic products as these are understood in GATT 1994 or such goods as the Parties may agree, and includes originating goods of a Party;

鈥済overnment procurement鈥� means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale;

鈥淗armonized System (HS)鈥� means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes, and Subheading Notes as adopted and implemented by the Parties in their respective laws;

鈥渉eading鈥� means the first four digits in the tariff classification number under the Harmonized System;

鈥渕easure鈥� includes any law, regulation, procedure, requirement or practice;

鈥渘ational鈥� means:

(a) for Australia, a natural person who is an Australian citizen as defined in the Australian Citizenship Act 2007 (Cth) or a permanent resident; and

(b) for the United Kingdom, a British citizen in accordance with its applicable laws and regulations, or a permanent resident;

鈥渙riginating鈥� means qualifying as originating under the rules of origin in Chapter 4 (Rules of Origin and Origin Procedures);

鈥減erson鈥� means a natural person or an enterprise;

鈥減erson of a Party鈥� means a national or an enterprise of a Party;

鈥渞egional level of government鈥� means:

(a) for Australia, a state of Australia, the Australian Capital Territory or the Northern Territory;

(b) for the United Kingdom:

(i) England, Northern Ireland,聽Scotland聽or Wales; or聽

(ii) Her Majesty鈥檚 Government of the United Kingdom of Great Britain and Northern Ireland in respect of England, Northern Ireland,聽Scotland聽or Wales but not the United Kingdom as a whole;

鈥渞ecovered聽material鈥澛爉eans a material comprising one or more individual parts that results from:聽聽聽聽

(a) the disassembly of a used good into individual parts; and鈥�聽��

(b) the cleaning, testing or other processing of those individual parts as necessary for improvement to sound working condition;

鈥�remanufactured good鈥� means a good鈥痗lassified in HS Chapters 84 through 90,鈥痮r under heading鈥�94.02,鈥痚xcept鈥痑鈥痝ood classified under HS headings鈥�87.02,鈥�87.03, 87.04, 87.05, 87.11 and 87.16,鈥痮r subheading鈥�8701.20^{[footnote 5]}鈥痶丑补迟:鈥�舛��

(a) is entirely or partially comprised of parts鈥痶hat are鈥痳ecovered materials;鈥�

(b) has similar life expectancy,鈥痺orking conditions and performance to the equivalent good in new condition; and鈥�

(c)鈥� is given鈥�鈥痑鈥痺arranty鈥痠n substance the鈥痵ame as the equivalent good in new condition;

鈥渟anitary or phytosanitary measure鈥� means any measure referred to in paragraph 1 of Annex A to the SPS Agreement;

鈥�SCM Agreement鈥� means the Agreement on Subsidies and Countervailing Measures, in Annex 1A to the WTO Agreement;

鈥淪ME鈥� means a small and medium-sized enterprise, including a micro-sized enterprise;

鈥�SPS Agreement鈥� means the Agreement on the Application of Sanitary and Phytosanitary Measures, in Annex 1A to the WTO Agreement;

鈥渟tate enterprise鈥� means an enterprise that is owned, or controlled through ownership interests, by a Party;

鈥渟ubheading鈥� means the first six digits in the tariff classification number under the Harmonized System;

鈥�TBT Agreement鈥� means the Agreement on Technical Barriers to Trade, in Annex 1A to the WTO Agreement;

鈥淭rade Facilitation Agreement鈥� means the Agreement on Trade Facilitation, in Annex 1A to the WTO Agreement;

鈥渢erritory鈥� means:

(a) for Australia, the territory of Australia:

(i) excluding all external territories other than the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Coral Sea Islands Territory; and

(ii) including Australia鈥檚 territorial sea, contiguous zone, exclusive economic zone and continental shelf over which Australia exercises sovereign rights or jurisdiction in accordance with international law, particularly the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982;

(b) for the United Kingdom:

(i) the territory of the United Kingdom of Great Britain and Northern Ireland including its territorial sea and airspace;

(ii) all the areas beyond the territorial sea of the United Kingdom, including the sea-bed and subsoil of those areas, over which the United Kingdom may exercise sovereign rights or jurisdiction in accordance with international law;

(iii) the Bailiwicks of Guernsey and Jersey and the Isle of Man (including their airspace and the territorial sea adjacent to them), territories for whose international relations the United Kingdom is responsible, as regards:

(A) Chapter 2 (Trade in Goods);

(B) Chapter 4 (Rules of Origin and Origin Procedures);

(C) Chapter 5 (Customs Procedures and Trade Facilitation);

(D) Chapter 6 (Sanitary and Phytosanitary Measures); and

(E) Chapter 25 (Animal Welfare and Antimicrobial Resistance);

鈥�TRIPS Agreement鈥� means the Agreement on Trade-Related Aspects of Intellectual Property Rights, in Annex 1C to the WTO Agreement, as revised or amended from time to time by a revision or amendment that applies to the Parties and including any waiver of any provision thereof granted by Members of the WTO;

鈥�WTO鈥� means the World Trade Organization; and

鈥�WTO Agreement鈥� means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994.