Transparency in legislative and administrative decision-making supports a positive environment for international trade and investment. Through its provisions on transparency, the TPP-11 will provide greater certainty to Australian individuals and businesses seeking to trade and invest in other TPP-11 Parties. Its provisions reflect existing Australian laws and practices around transparency in public administration.
The TPP-11 Transparency and Anti-corruption Chapter promotes transparency in the making and implementation of laws, regulations and government decisions. Building on World Trade Organization (WTO) rules, TPP-11 Parties are required to ensure that their laws, regulations, procedures, and administrative rulings of general application regarding any matter covered by the TPP-11 are made publicly available. To the extent possible, the Parties will also:
- provide interested persons with an opportunity to comment on proposed measures;
- allow a reasonable time period between publication and entry into force of relevant measures; and
- publish an explanation of the purpose and rationale for central government regulations of general application, and consider any comments received.
TPP-11 Parties must also establish or maintain judicial, quasi-judicial or administrative tribunals or procedures that enable Parties to a proceeding to apply for review or appeal of a decision. These tribunals must be impartial and independent, and have no substantial interest in the outcome of the matters they consider. The tribunals or procedures must give Parties a reasonable opportunity to support or defend their positions, and decisions must be based on the evidence and submissions.
If a Party considers that any proposed or actual measure may affect the operation of the TPP-11 or substantially affect another Party's interests, it must inform the affected Party of the measure. Parties may also request information from other Parties about relevant measures.
The TPP-11 Dispute Settlement Chapter applies to most of the provisions of the Transparency and Anti-corruption Chapter.