Transparency in legislative and administrative decision-making supports a positive environment for international trade and investment. Through its provisions on transparency, the TPP will provide greater certainty to Australian individuals and businesses seeking to trade and invest in other TPP Parties. Its provisions reflect existing Australian laws and practices around transparency in public administration.
The TPP 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 Parties are required to ensure that their laws, regulations, procedures, and administrative rulings of general application regarding any matter covered by the TPP 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 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.
To promote mutual trust and openness between Parties, the TPP requires Parties to share information with other Parties, where relevant. If a Party considers that any proposed or actual measure may affect the operation of the TPP 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 Dispute Settlement Chapter applies to most of the provisions of the Transparency and Anti-corruption Chapter.