Trans-Pacific Partnership Agreement (CPTPP) Amendment Bill

  • enacted

Trans-Pacific Partnership Agreement (CPTPP) Amendment Bill

Government Bill

70—2

As reported from the Foreign Affairs, Defence and Trade Committee

Commentary

Recommendation

The Foreign Affairs, Defence and Trade Committee has examined the Trans-Pacific Partnership Agreement (CPTPP) Amendment Bill and recommends by majority that it be passed with the amendments shown.

Introduction

This bill makes changes necessary for New Zealand to ratify the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the CPTPP).

The CPTPP is a free trade agreement involving New Zealand and 10 other countries in the Asia-Pacific region. It was signed on 8 March 2018 in Chile.

The CPTPP incorporates most of the Trans-Pacific Partnership Agreement (TPP) which was signed and ratified in 2016. The CPTPP differs in that 22 items in the TPP are suspended in the revised agreement.

The bill would amend the Trans-Pacific Partnership Agreement Amendment Act 2016 to reflect the new CPTPP agreement.

Proposed amendments

This commentary covers the main amendments we recommend to the bill as introduced, and outlines the major issues raised by submitters. The amendments we propose are minor and technical and would not alter the substance of the bill.

Provisions relating to the Copyright Act

We recommend amendments to clauses 6, 8, and 9 of the bill amending sections of the Copyright Act 1994.

The CPTPP requires New Zealand to sign and ratify two World Intellectual Property Organization (WIPO) treaties that require some changes to the Copyright Act to implement. They are the WIPO Copyright Treaty (WCT), and the WIPO Performance and Phonograms Treaty (WPPT).

We consider the proposed changes necessary to ensure that New Zealand fully meets its obligations under the treaties.

Provisions relating to the Overseas Investment Act

We recommend the insertion of clause 13A, new section 68A, to remove references to “significant business assets” in section 61(1)(i) of the Overseas Investment Act 2005. These references are no longer necessary as a result of changes made by the Overseas Investment Amendment Act 2018.

Other matters raised in submissions

Investor-state dispute settlement clauses and side agreements

Multiple submitters noted that investor-state dispute settlement (ISDS) clauses are included in the agreement.

Two provisions relating to ISDS have been suspended in the updated agreement. This has limited the scope in which ISDS can be used. Additionally, the Government has signed separate agreements with five signatories to the CPTPP. The agreements ensure that investors from these countries either cannot use ISDS under the CPTPP against New Zealand or could only use it if the New Zealand Government gave explicit consent. These five countries represent more than 80 percent of New Zealand’s overseas investment from the CPTPP countries.

Some submitters raised concern that investors from countries that did not sign separate agreements and countries that joined the CPTPP in future might use ISDS against New Zealand.

Entry of additional parties and activation of suspended provisions

Some submitters expressed concern that New Zealand could ratify the entry of additional countries to the CPTPP or activate the original agreement (the TPP) without parliamentary scrutiny.

The Standing Orders may or may not require the examination by Parliament of the accession of additional countries to the agreement. This would depend on the form that accession takes.

We note that legislation would be required for suspended provisions in the TPP to come into force in the CPTPP. Therefore, suspended provisions could only come into force without parliamentary scrutiny if the entirety of the original agreement (TPP) came into force without amendment.

The TPP could only enter into force if the United States reversed its decision and joined the agreement. The United States would then need to ratify that agreement without amendment along with three other TPP signatories, including one of Australia, Canada, or Mexico. This is unlikely.

We note that even in this case the Government would still retain the ability to withdraw its ratification of the TPP. Additionally, Parliament retains the ability to limit or abrogate the Executive’s power to enter into treaties.

Gender consideration

Concerns were raised that multilateral agreements such as the CPTPP have negative effects on women’s rights and gender equality, particularly within the economic sphere.

Some submitters proposed that the Government conduct a gender impact assessment of the agreement. More broadly, it was suggested that gender consideration in trade policy could ensure equal participation in trade and facilitate women’s rights and empowerment.

Green Party minority view

The Green Party opposed the original TPP, opposes the CPTPP, and will not support legislation that enables either agreement. We contend that, because more than two-thirds of submitters expressed substantial concern with the chilling effect investor-state dispute settlement (ISDS) provisions may have on New Zealand, the Government should reconsider its ratification of the agreement. The CPTPP prioritises investor privileges ahead of environmental protection, New Zealand’s labour rights, human rights, and compliance with te Tiriti o Waitangi. This agreement represents an outdated model of international trade that New Zealand should have long consigned to the dustbin of history.

Focusing on the specific function of this bill, the Green Party has serious concern about the degree of sovereignty being divested by Parliament through this law. The agreement itself was presented as a changed deal to New Zealanders at the time it was entered into, based in large part on the suspended provisions. Advice from officials now makes it clear that were the original TPP to be reactivated by entry of the United States, no parliamentary oversight or discussion would be required. Alarmingly, this is also the position if other member states join the agreement and negotiate the lifting of any currently suspended provisions. There is no requirement that the Minister would allow an examination of any reinstatement of even the most controversial suspended provisions via select committee international treaty examination. The Green Party notes that although officials have assured the select committee that advice to that effect is likely to be given, the bill does not provide safeguarding provision that binds the Minister of the day to allow parliamentary examination of any potential reinstatement of provisions. The recommendation from officials could simply be ignored or not provided.

The bill without amendment does not guarantee public oversight of any ministerial decision to reinstate the suspended provisions of the TPP, which could include significant changes for New Zealand — such as the introduction of restrictions on Pharmac’s ability to regulate in the interests of all New Zealanders. Given it seems likely that the general public currently believes the Government has agreed to a new trade agreement (CPTPP) that is significantly different to its earlier iteration (TPP), and that the original agreement will therefore not return, any reinstatement of the provisions of the TPP should be accorded public oversight in line with democratic principle.

The Green Party supports the recommendation by It’s Our Future — also supported by 265 other submitters — that the committee return this bill to Parliament with the following amendment:

The responsible Minister must not agree to any additional country joining the CPTPP or TPP unless and until —

(a) New Zealand negotiates and signs a binding instrument with that country in which that country agrees that its investors shall not have recourse to investor-state dispute settlement against New Zealand under the CPTPP or TPP or under any existing or future agreements between the two countries that provide for investor-state dispute settlement; and

(b) the completion of the full process for parliamentary examination of international treaties as if for a new and unratified international treaty — or any more robust form of public scrutiny or parliamentary approval that is subsequently adopted.

Appendix

Committee process

The Trans-Pacific Partnership Agreement (CPTPP) Amendment Bill was referred to the committee on 28 June 2018. The closing date for submissions was 17 August 2018. We received and considered 577 submissions from interested groups and individuals. We heard oral evidence from 33 submitters at hearings in Wellington.

We received advice from the Ministry of Foreign Affairs and Trade.

Committee membership

Simon O’Connor (Chairperson)

Golriz Ghahraman

Hon Tim Macindoe

Hon Todd McClay

Chris Penk

Priyanca Radhakrishnan

Jamie Strange

Louisa Wall

Key to symbols used

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Hover your cursor over an amendment for information about that amendment. Download the PDF version to see this information in a form that can be printed out.

Hon David Parker

Trans-Pacific Partnership Agreement (CPTPP) Amendment Bill

Government Bill

70—2

Contents

Commentary
Key
1Title
2Commencement
3Principal Act
4Principal Act renamed
5Section 1 amended (Title)
6Section 2 replaced (Commencement)
2Commencement
7Section 9 amended (Section 135 amended (Definitions))
8New sections 37A to 37E 37H inserted
37ASection 226 amended (Definitions of TPM terms)
37BSection 226B amended (Rights of issuer of TPM work)
37CSection 226D amended (When rights of issuer of TPM work do not apply)
37DSection 226E amended (User’s options if prevented from exercising permitted act by TPM)
37ESection 226F amended (Meaning of copyright management information)
37ESection 226F replaced (Meaning of copyright management information)
37FSection 226G amended (Interference with CMI prohibited)
37GSection 226H amended (Commercial dealing in work subject to CMI interference)
37HSection 226I amended (Contravention of section 226G or 226H)
9Section 40 amended (Section 226B amended (Rights of issuer of TPM work))
10Section 44 amended (Schedule 1 amended)
11Part 2 repealed
12Section 58 amended (Section 59 amended (Time limits and waivers))
13Section 63 amended (New Part 2A inserted)
36GLinks forwarded and other instruments must be published and made available
13ANew section 68A inserted (Section 61 amended (Regulations))
68ASection 61 amended (Regulations)
14Section 69 amended (New section 61A inserted (Regulations regarding alternative monetary thresholds for overseas investments in significant business assets))
15Section 77 amended (Schedule 1AA amended)
16Section 79 amended (Section 2 amended (Interpretation))
17Section 81 amended (Section 7A amended (Orders in Council about preferential countries))
18Section 82 amended (Section 15A amended (Interpretation))
19Section 83 amended (Section 15B amended (Chief executive may undertake transitional safeguard investigation))
20Section 86 amended (Section 15F amended (Application of transitional safeguard measure))
21Section 88 amended (Section 15H amended (Provisional transitional safeguard measure))
22Section 90 amended (Tariff, note 2 amended)
23Section 91 amended (Tariff, note 3 amended)
24Section 106 replaced (New regulation 8A inserted (Labelling of grape ice wine for export following entry into force of Trans-Pacific Partnership Agreement))
106New regulation 8A inserted (Labelling of grape ice wine for export)
8ALabelling of grape ice wine for export
25Schedule 2 amended
26Schedule 3 amended
Legislative history

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018.

2 Commencement

This Act comes into force on the day after the date of Royal assent.

3 Principal Act

This Act amends the Trans-Pacific Partnership Agreement Amendment Act 2016 (the principal Act).

Part 1 Amendments to Title and commencement of principal Act

4 Principal Act renamed

In section 1, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

5 Section 1 amended (Title)

In section 1, insert as subsection (2):

(2)

Every reference in any enactment and in any document to the Trans-Pacific Partnership Agreement Amendment Act 2016 must, unless the context otherwise requires, be read as a reference to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

6 Section 2 replaced (Commencement)

Replace section 2 with:

2 Commencement

(1)

This Act comes into force on a date appointed by the Governor-General by Order in Council on the recommendation of the Minister for Trade and Export Growth.

(2)

One or more orders may be made bringing different provisions into force on different dates and appointing different dates for different purposes.

(3)

However, the date appointed for the following provisions to come into force must not be earlier than the date on which the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016, enters into force for New Zealand:

(a)

sections 4 to 8, 28, 38, 39, 40(1) to (4) 40(3) and (4), and 41 to 43 (which amend the Copyright Act 1994):

(b)

sections 73 to 76 (which amend the Patents Act 2013).

Part 2 Amendments to other provisions of principal Act

Copyright Act 1994

7 Section 9 amended (Section 135 amended (Definitions))

(1)

In section 9, new definition of exporter in section 135, replace “section 2(1) of the Customs and Excise Act 1996” with “section 5(1) of the Customs and Excise Act 2018”.

(2)

In section 9, new definition of importer in section 135, replace “section 2(1) of the Customs and Excise Act 1996” with “section 5(1) of the Customs and Excise Act 2018”.

8 New sections 37A to 37E 37H inserted

After section 37, insert:

37A Section 226 amended (Definitions of TPM terms)

(1)

Replace the heading to section 226 with Interpretation for sections 226A to 226E.

(2)

In section 226, insert in their appropriate alphabetical order:

issuer of the TPM work or issuer of a TPM work means—

(a)

a copyright owner of a TPM work that issued the TPM work to the public; or

(b)

a person that issued the TPM work to the public under licence from the copyright owner

(a)

a copyright owner of a TPM work that

(i)

issued a copy of the TPM work to the public; or

(ii)

communicated the TPM work to the public; or

(b)

a person that, under licence from the copyright owner,

(i)

issued a copy of the TPM work to the public; or

(ii)

communicated the TPM work to the public

permitted act means an act that—

(a)

is permitted under Part 3 or otherwise does not infringe copyright in the TPM work; and

(b)

does not infringe any specified performers’ rights in the TPM work

specified performers’ rights means the rights conferred by section 172, or subpart 4 of Part 9, in respect of a recording that is a sound recording and a TPM work

37B Section 226B amended (Rights of issuer of TPM work)

After section 226B(5), insert:

(6)

A performer (A) must be treated as an issuer of the TPM work for the purposes of this section if

(a)

the performance is fixed in a sound recording; and

(b)

the TPM work is the sound recording; and

(c)

A issued a copy of the TPM work to the public.

37C Section 226D amended (When rights of issuer of TPM work do not apply)

In section 226D(2)(a), replace “a permitted act under Part 3” with “a permitted act”.

37D Section 226E amended (User’s options if prevented from exercising permitted act by TPM)

(1)

In section 226E(1), replace “a permitted act under Part 3” with “a permitted act”.

(2)

In section 226E(2), replace “a permitted act under Part 3” with “a permitted act”.

(2A)

In section 226E(2), replace copyright owner or the exclusive licensee with issuer of the TPM work in each place.

(3)

In section 226E(3), replace “if that person” with “if that research is a permitted act and if that person”.

(4)

In section 226E(3)(b)(i), replace copyright owner or exclusive licensee of the copyright to the use of with issuer of the TPM work to use.

37E Section 226F amended (Meaning of copyright management information)

In section 226F, replace CMI or copyright management information means information attached to, or embodied in, a copy of a work that with CMI or copyright management information means information attached to, or appearing in connection with communicating or making available, a copy of a copyright work that.

37E Section 226F replaced (Meaning of copyright management information)

Replace section 226F with:

226F Meaning of copyright management information

In sections 226G, 226H, and 226J, CMI or copyright management information means information attached to, or appearing in connection with communicating or making available, a copy of a copyright work that

(a)

identifies 1 or more of the following:

(i)

the work:

(ii)

the author of the work:

(iii)

the copyright owner:

(iv)

a performer:

(v)

in the case of a film, the director of the film; or

(b)

identifies or indicates some or all of the terms and conditions for using the work, or indicates that the use of the work is subject to terms and conditions; or

(c)

is a number or code that represents any of the information referred to in paragraph (a) or (b).

37F Section 226G amended (Interference with CMI prohibited)

In section 226G(1), replace , or embodied in, with , or appearing in connection with communicating or making available,.

37G Section 226H amended (Commercial dealing in work subject to CMI interference)

In section 226H(1) and (2)(c), replace , or embodied in, with , or appearing in connection with communicating or making available,.

37H Section 226I amended (Contravention of section 226G or 226H)

In section 226I, insert as subsections (2) and (3):

(2)

If the copyright management information is or includes information that identifies an author, a director, or a performer (or is a number or code that represents information that identifies that person), the author, director, or performer (or a person entitled to exercise that person’s rights under Part 4 or 9) has the same rights and remedies in relation to a contravention of either of sections 226G and 226H as an author, a director, or a performer has in respect of an infringement of the rights conferred by Part 4 or 9.

(3)

Subsection (2) does not limit subsection (1).

9 Section 40 amended (Section 226B amended (Rights of issuer of TPM work))

After section 40(5), insert:

(5A)

Repeal section 226B(6) as inserted by section 37B of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

10 Section 44 amended (Schedule 1 amended)

(1)

In section 44(9), new Part 2 of Schedule 1, replace the Part 2 heading with:

Part 2 Provisions relating to Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018

(2)

In section 44(9), new Part 2 of Schedule 1, clause 44, definition of TPP copyright duration provisions, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

(3)

In section 44(9), new Part 2 of Schedule 1, clause 47, definition of commencement, replace “TPP performers’ rights provisions” with “WIPO performers’ rights provisions”.

(4)

In section 44(9), new Part 2 of Schedule 1, clause 47, replace the definition of TPP performers’ rights provisions with:

WIPO performers’ rights provisions means the provisions of Part 1 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

(5)

In section 44(9), new Part 2 of Schedule 1, clause 48(1), replace “TPP performers’ rights provisions” with “WIPO performers’ rights provisions”.

(6)

In section 44(9), new Part 2 of Schedule 1, clause 49(1), replace “TPP performers’ rights provisions” with “WIPO performers’ rights provisions”.

(7)

In section 44(9), new Part 2 of Schedule 1, clause 49(2), replace “TPP performers’ rights provisions” with “WIPO performers’ rights provisions”.

(8)

In section 44(9), new Part 2 of Schedule 1, clause 49(3), replace “TPP performers’ rights provisions” with “WIPO performers’ rights provisions”.

(9)

In section 44(9), new Part 2 of Schedule 1, clause 49(4)(b), replace “TPP performers’ rights provisions” with “WIPO performers’ rights provisions”.

(10)

In section 44(9), new Part 2 of Schedule 1, clause 50(2), replace “TPP performers’ rights provisions” with “WIPO performers’ rights provisions”.

Customs and Excise Act 1996

11 Part 2 repealed

Repeal Part 2.

Hazardous Substances and New Organisms Act 1996

12 Section 58 amended (Section 59 amended (Time limits and waivers))

(1)

In section 58, new section 59(6), replace “relevant TPP provision” with “relevant CPTPP or TPP provision”.

(2)

In section 58, replace new section 59(8) with:

(8)

In subsection (6), relevant CPTPP or TPP provision means—

(a)

Article 8.7.14 of the Trans-Pacific Partnership Agreement (done at Auckland on 4 February 2016) (technical barriers to trade: transparency: periods to comment on proposals):

(b)

that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement.

Legislation Act 2012

13 Section 63 amended (New Part 2A inserted)

(1)

In section 63, new section 36B(2)(a), replace “administrator’s website” with “maker’s website”.

(2)

In section 63, new section 36B(2)(c), replace “legislation website” with “central website”.

(3)

In section 63, new section 36C(2), repeal the definitions of administrator, administrator’s website, legislation website, and links.

(4)

In section 63, new section 36C(2), insert in their appropriate alphabetical order:

central website means an Internet site maintained by or on behalf of the New Zealand Government

links, in relation to an instrument at any time, means all information necessary or desirable to enable a user at that time to access, using the central website, the instrument as published and made available on the maker’s website

maker, in relation to an instrument, means the person empowered to make the instrument

maker’s website, in relation to an instrument, means an Internet site (other than the central website) maintained by or on behalf of the maker

(5)

In section 63, new section 36C(2), replace the definition of international transparency obligations with:

international transparency obligations means obligations—

(a)

under paragraph 5 of Article 26.2 (publication) of Chapter 26 (transparency and anti-corruption) of the Trans-Pacific Partnership Agreement done at Auckland on 4 February 2016; or

(b)

under that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement

(6)

In section 63, cross-heading above new section 36D, replace administrator’s website with maker’s website.

(7)

In section 63, heading to new section 36D, replace Administrator with Maker.

(8)

In section 63, new section 36D(1)(a), replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

(9)

In section 63, new section 36D(1)(b) and (2), replace “administrator’s website” with “maker’s website”.

(10)

In section 63, new section 36D(2), replace “administrator” with “maker”.

(11)

In section 63, cross-heading above new section 36E, replace administrator’s website with maker’s website.

(12)

In section 63, heading to new section 36E, replace Administrator with Maker.

(13)

In section 63, new section 36E(1)(a), replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

(14)

In section 63, new section 36E(1)(b), (2), (3), and (6), replace “administrator’s website” with “maker’s website” in each place.

(15)

In section 63, new section 36E(2) and (6), replace “administrator” with “maker”.

(16)

In section 63, new section 36E(4), replace “administrators” with “makers”.

(17)

In section 63, new section 36E(5)(a), replace “an Internet site maintained by or on behalf of the New Zealand Government” with “the central website”.

(18)

In section 63, cross-heading above new section 36F, replace legislation website with central website.

(19)

In section 63, new section 36F(1)(a), replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

(20)

In section 63, new section 36F(1)(b), replace “administrator’s website” with “maker’s website”.

(21)

In section 63, new section 36F(2), replace “administrator” with “maker”.

(22)

In section 63, new section 36F(3), replace “administrators” with “makers”.

(23)

In section 63, new section 36F(4)(a), replace “an Internet site maintained by or on behalf of the New Zealand Government” with “the central website”.

(24)

In section 63, replace new section 36G with:

36G Links forwarded and other instruments must be published and made available

The Chief Parliamentary Counsel must ensure that the following are as soon as practicable published and made available on the central website:

(a)

links forwarded under section 36F:

(b)

legislative instruments published under section 6 (including instruments published under section 14).

Overseas Investment Act 2005

13A New section 68A inserted (Section 61 amended (Regulations))

After section 68, insert:

68A Section 61 amended (Regulations)

In section 61(1)(i) (as replaced by section 46(4) of the Overseas Investment Amendment Act 2018), replace either or both of overseas investments in sensitive land and overseas investments in significant business assets with overseas investments in sensitive land.

14 Section 69 amended (New section 61A inserted (Regulations regarding alternative monetary thresholds for overseas investments in significant business assets))

(1)

In section 69, before new section 61A(1)(a), insert:

(aaa)

the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018:

(2)

In section 69, after new section 61A(1)(f), insert:

(g)

the Trans-Pacific Strategic Economic Partnership Agreement, done at Wellington on 18 July 2005.

(3)

In section 69, after new section 61A(4), insert:

(5)

Regulations made under subsection (1) may be made only to implement obligations in an international agreement that has entered into force for New Zealand.

Patents Act 2013

15 Section 77 amended (Schedule 1AA amended)

(1)

In section 77, new Part 2 of Schedule 1AA, replace the Part 2 heading with:

Part 2 Transitional and savings provisions arising from Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018

(2)

In section 77, new Part 2 of Schedule 1AA, clause 4, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

(3)

In section 77, new Part 2 of Schedule 1AA, clause 5, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

(4)

In section 77, new Part 2 of Schedule 1AA, clause 6, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

Tariff Act 1988

16 Section 79 amended (Section 2 amended (Interpretation))

In section 79, before the new definition of specified TPP party in section 2(1), insert:

CPTPP means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018

specified CPTPP party means a country that is for the time being declared by Order in Council under section 7A(1)(baa) to be a specified CPTPP party for the purposes of this Act

17 Section 81 amended (Section 7A amended (Orders in Council about preferential countries))

(1)

In section 81(1), before new section 7A(1)(ba), insert:

(baa)

declare a country that is a party to the CPTPP to be a specified CPTPP party for the purposes of this Act:

(2)

Replace section 81(2) with:

(2)

In section 7A(3), after “specified TPA party”, insert “, a specified CPTPP party, a specified TPP party,”.

18 Section 82 amended (Section 15A amended (Interpretation))

In section 82(1), definition of free trade agreement in section 15A, replace new paragraph (f) with:

(f)

the CPTPP; or

(g)

the TPP

19 Section 83 amended (Section 15B amended (Chief executive may undertake transitional safeguard investigation))

In section 83(2), new section 15B(1A), replace “the TPP” with “the CPTPP or the TPP”.

20 Section 86 amended (Section 15F amended (Application of transitional safeguard measure))

In section 86(8), new section 15F(7), replace “the affected TPP party” with “the affected CPTPP or TPP party, as the case may be,”.

21 Section 88 amended (Section 15H amended (Provisional transitional safeguard measure))

In section 88, new section 15H(8), replace “the TPP” with “the CPTPP or the TPP”.

Tariff

22 Section 90 amended (Tariff, note 2 amended)

In section 90, insert as subsection (2):

(2)

In the notes to the Tariff, note 2, penultimate paragraph, after “CN”, insert “, CPT”.

23 Section 91 amended (Tariff, note 3 amended)

In section 91, insert as subsection (2):

(2)

In the notes to the Tariff, note 3, after the item relating to China, insert:

Country that is a specified CPTPP partyCPT

Wine Regulations 2006

24 Section 106 replaced (New regulation 8A inserted (Labelling of grape ice wine for export following entry into force of Trans-Pacific Partnership Agreement))

Replace section 106 with:

106 New regulation 8A inserted (Labelling of grape ice wine for export)

After regulation 8, insert:

8A Labelling of grape ice wine for export

(1)

After the expiry of the transitional period, no person may export grape wine that is labelled as Icewine, ice wine, ice-wine, or a similar variation of those terms unless the grape wine is made exclusively from grapes naturally frozen on the vine.

(2)

In subclause (1), transitional period means the period of 3 years beginning with the date on which section 106 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (which inserts this regulation) comes into force.

Schedules

25 Schedule 2 amended

In Schedule 2, new Schedule 1, replace the Part 1 heading with:

Part 1 Provisions relating to Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018

26 Schedule 3 amended

(1)

In Schedule 3, new Schedule 1AA, replace the Part 1 heading with:

Part 1 Provisions relating to Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018

(2)

In Schedule 3, new Schedule 1AA, clause 1, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 in each place.

(3)

In Schedule 3, new Schedule 1AA, clause 3, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.

Legislative history

25 June 2018

Introduction (Bill 70–1)

28 June 2018

First reading and referral to Foreign Affairs, Defence and Trade Committee