VII. Exclusions
7.1. The Parties have identified a number of laws which include requirements relating to the sale of Goods as set out in paragraph 4.1.2 that might otherwise be unintentionally affected by mutual recognition.
7.2 It is intended that laws falling within the following categories should be excluded from the Arrangement:
(a) Customs controls and tariffs - to the extent that Commonwealth and New Zealand laws provide for the imposition of tariffs and related measures (for example, anti-dumping and countervailing duties) and the prohibition or restriction of imports;
(b) intellectual property - to the extent that Commonwealth, State, Territory and New Zealand laws provide for the protection of intellectual property rights and relate to requirements for the sale of Goods;
(c) Commonwealth, State, Territory and New Zealand taxation - to the extent that the laws provide for the imposition of taxes on the sale of locally produced and imported goods in a non-discriminatory way including, for example, Wholesale Sales Tax (Commonwealth), business franchise fees and stamp duties (States and Territories) and Goods and Services Tax (New Zealand); and
(d) other specified international obligations to the extent that Commonwealth and New Zealand laws implementing those obligations deal with the requirements relating to sale of goods.
7.3 A list of these laws falling within the scope of paragraph 7.2 is contained in Schedule 1. Amendments to the laws specified in Schedule 1 and any further laws, which fall within the scope of the laws described in paragraph 7.2, may also be excluded from the Arrangement. Any such amendments and laws will be duly notified by the relevant Party to all other Participating Parties.
7.4 Additions to the categories of excluded laws described in paragraph 7.2 require the unanimous agreement of the Heads of Government of the Participating Parties.
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