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Australia-United Kingdom Free Trade Agreement

Australia-UK FTA Chapter 32 Final Provisions

Article 32.1 Annexes, Appendices and Footnotes

The Annexes, Appendices, and footnotes to this Agreement shall constitute an integral part of this Agreement.

Article 32.2 Amendments

The Parties may agree, in writing, to amend this Agreement. Such amendments shall enter into force 30 days after the date on which the Parties exchange written notifications confirming that they have completed their respective domestic requirements necessary for the entry into force of the amendments, or on such other date as the Parties may agree.

Article 32.3 Amendment of International Agreements

If any international agreement, or a provision therein, that has been referred to in this Agreement or incorporated into this Agreement is amended, the Parties shall, at the request of either Party, consult each other on whether to amend this Agreement, unless this Agreement otherwise provides.

Article 32.4 Territorial Extension

1. This Agreement, or specified provisions of it, may be extended to any such territories for whose international relations the United Kingdom is responsible as may be agreed between Australia and the United Kingdom. Upon delivery of a written request by the United Kingdom, the Parties shall hold consultations promptly to consider and agree the extension. Any amendment to this Agreement required to accommodate an extension shall be made in accordance with Article 32.2 (Amendments).

2. For greater certainty, an extension in accordance with paragraph 1 may include extension of further provisions of this Agreement to the Bailiwicks of Guernsey and Jersey and the Isle of Man, as well as any extension to any other territories for whose international relations the United Kingdom is responsible, including, but not limited to, Gibraltar.

Article 32.5 Territorial Disapplication

The United Kingdom may at any time give notice in writing to Australia that this Agreement is, or specified provisions of it are, no longer to apply to a territory for whose international relations the United Kingdom is responsible. If the United Kingdom gives notice in writing pursuant to this Article, the Parties shall hold consultations promptly to agree a mutually satisfactory solution. Notwithstanding such consultations, if notice in writing is given that this Agreement as a whole is no longer to apply to a territory for whose international relations the United Kingdom is responsible, the notification shall take effect 12 months after the date on which the United Kingdom has provided written notice to Australia, or on such other date as the Parties may agree. Any amendment to this Agreement required as a result of the Agreement, or specified provisions of it, no longer applying to a territory for whose international relations the United Kingdom is responsible shall be made in accordance with Article 32.2 (Amendments).

Article 32.6 General Review

1. The Parties shall undertake a general review of this Agreement in the seventh year following the date of entry into force of this Agreement, or at such times as may be agreed by the Parties.

2. A review pursuant to paragraph 1 shall be undertaken with a view to updating and enhancing this Agreement, to ensure that the disciplines contained in this Agreement remain relevant to the trade and investment issues and challenges confronting the Parties.

3. A review pursuant to paragraph 1 shall take into account:

(a) developments in innovation;

(b) the work of all committees, working groups, dialogues and any other subsidiary bodies established under this Agreement; and

(c) relevant developments in international fora.

Article 32.7 Entry into Force

This Agreement shall enter into force 30 days after the date on which the Parties exchange written notifications confirming that they have completed their respective domestic requirements necessary for the entry into force of this Agreement, or on such other date as the Parties may agree.

Article 32.8 Termination

1. A Party may terminate this Agreement by giving the other Party notice in writing. Such termination shall take effect six months after the date of the notification, or on such date as the Parties may agree.

2. Within 30 days of the date of a notification issued under paragraph 1, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect on a date later than that provided in paragraph 1. Such consultations shall commence within 30 days of the date of the request, or on such date as the Parties may agree.

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.[1]

DONE at ... on this ... day of

and in ... on this ... day of ... ,

in duplicate.

For Australia:

For the United Kingdom of Great Britain and Northern Ireland:

[1] This testimonium is to be applied in accordance with the Exchange of Notes of the 16th December 2021 between the Secretary of State for International Trade of the United Kingdom and the Minister of Trade, Tourism and Investment of Australia.

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