Arrangement between NMI and MSL
The Government of Australia, represented by The National Measurement Institute, Australia, hereinafter referred to as ‘NMIA’, a division of the Australian Government Department of Industry, Science and Resources (DISR), having its head office at Bradfield Road, West Lindfield, NSW 2070, Australia, and being represented by Dr Bruce Warrington, Chief Executive Officer and Chief Metrologist, NMIA,
AND
The Government of New Zealand, represented by The Measurement Standards Laboratory, hereinafter referred to as ‘MSL’, a division of Callaghan Innovation, having its head office at Gracefield Road, Lower Hutt 5040, New Zealand, and being represented by Dr Annette Koo, Director and Chief Metrologist, MSL.
Both hereinafter referred to as the ‘Participants’ collectively, or ‘Participant’ individually.
There is no intention that this Arrangement be legally binding on either Participant.
Paragraph 1: Purpose
Noting the benefits derived from similar arrangements between them signed in 2007 and 2017, the Participants mutually decided to establish an Arrangement to provide a framework for the exchange of scientific and technical knowledge and the augmentation of scientific and technical capabilities of the Participants through joint cooperative activities in mutually decided priority areas of science and technology. This supports any relevant Work Programme under the ‘Agreement relating to Science, Research and Innovation Cooperation between the Government of Australia and the Government of New Zealand’ concluded in 2017. This Arrangement replaces any previously signed MoUs between the Participants.
Paragraph 2: Cooperative Activities
The Participants will have regular and/or occasional meetings to review the state of current cooperative projects, identify means to carry out activities of mutually decided priority and discuss subjects for possible future cooperation. When a proposition is considered satisfactory by the Participants, they will jointly decide on its implementation.
The forms of implementation to be pursued by the Participants may include:
- Virtual teams: Established in areas of mutual priority to address critical mass and succession planning issues.
- Specific technical collaborations: Specific projects where collaboration will increase timeliness, efficiency and effectiveness of delivery of outcomes.
- Facility access arrangements: Streamlined access to unique cross-Tasman facilities to improve service delivery to national stakeholders.
- Supporting the region: Increasing cooperation in engagement with the Pacific and Indo-Pacific regions.
- Indigenous – First Nations and Maori – engagement: Collaboration to support indigenous interests in the Participants’ respective countries.
The forms of cooperation may comprise:
2.1 Exchanges of scientific and technical information and development activities and practices including exchange of documents and technical standards;
2.2 Research and development activities in the form of experiments, tests and other technical collaborative efforts in disciplines of mutual interest;
2.3 Exchange of personnel, including short term visits by individuals or teams to the facilities of the other Participant, assignments of visiting scientists to each Participant’s laboratories for periods to be mutually arranged by the Participants;
2.4 Exchange and provision of samples and materials, including reference data, instruments, and components for use in testing or evaluation;
2.5 Comparisons of measurement standards;
2.6 Joint academic exchange activities, including but not limited to co-organization of symposiums, seminars, workshops by the Participants;
2.7 Cross-disciplinary engagement to address measurement challenges in areas of mutual priority such as food safety, energy efficiency and health;
2.8 Joint support for quality infrastructure capacity building with Pacific and Indo-Pacific counterparts;
2.9 Exchanges of experiences and strategies to facilitate indigenous knowledge, growth of indigenous business, and equitable access to the services of the Participants;
2.10 Exchanges to build awareness of strategic priorities to inform and strengthen engagement; and
2.11 Such other forms of cooperation and collaboration as mutually arranged.
Paragraph 3: Planning and Review of Activities
The plans for cooperative activities to be carried out under this Arrangement will be periodically reviewed by the designated representatives of the Participants, and the point of contact for the coordination of activities will be the International Relations Office and the Chief Metrologist for NMIA and the Director and Chief Metrologist for MSL.
Paragraph 4: Intellectual Property Rights, Confidentiality and Privacy
4.1 Either Participant will be free to use any scientific and technical information provided by the other Participant in the course of cooperative activities under this Arrangement for its own internal research and development purposes. Any commercial use of such information will be the subject of a separate arrangement to be negotiated by the Participants on a case-by-case basis.
4.2 Unless a separate arrangement sets out a different approach, the Participants will keep non-public information shared between them confidential and ensure that information is not subject to unauthorised access, interference, use, loss, or disclosure other than as permitted by paragraph 4.3.
4.3 Non-public information provided by one Participant to the other may not be disclosed other than:
a) to personnel of a Participant;
b) where authorised or required by law or a Participant's governmental accountability or policy requirements in relation to official disclosure; or
c) where the Participant that provided the information has provided its prior written consent to the disclosure.
4.4 Joint publications or activities are to be coordinated; the research cooperation between the Participants is to be clearly stated in all publications of findings and other outcomes arising from the cooperative activities.
4.5 Neither Participant will seek to patent inventions and findings jointly created within the scope of cooperative activities under this Arrangement without prior written arrangement between the Participants.
4.6 Where the Participants decide not to seek to patent inventions and findings jointly created within the scope of cooperative activities under this Arrangement, and unless otherwise specified in a separate arrangement as provided in paragraph 5, both Participants may use inventions, findings and other outcomes jointly created by the cooperative activity as they choose subject to any limitations contained in Paragraphs 4.1 to 4.5 above.
4.7 To the extent the Participants share information containing personal information, the Participants will work together to ensure proper safeguards are put in place to protect any such personal information, before that information is shared. Each Participant is responsible for compliance with the privacy laws in the Participant’s jurisdiction.
4.8 For the purposes of paragraph 4.7, personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
Paragraph 5: Separate Arrangements
5.1 Specific projects will be identified, whereby collaborative activities between the Participants would be mutually advantageous. Whenever more than the exchange of technical information is planned, such activities will be described in a separate arrangement under this Arrangement which will set out, as appropriate, the activity, a work plan, staffing requirements, contact persons, cost estimates, funding source/s and other conditions which may include but are not limited to intellectual property and publication requirements where necessary. In case of any inconsistency between the paragraphs of this Arrangement and the terms of a separate arrangement, the terms of the separate arrangement will prevail.
5.2 Any third party involved in the joint scientific cooperation will also be required to sign the relevant arrangement.
5.3 Although the Participants intend to enter into separate arrangements by virtue of discussions arising out of this Arrangement, this Arrangement does not commit either Participant to enter into any such arrangements.
5.4 The separate arrangement may contain commitments to carry out certain activities.
Paragraph 6: Financial Considerations
Cooperative activities under this Arrangement are subject to and dependent upon the availability of funds and personnel. Decisions on funding for joint activities will be made by mutual arrangement between the Participants. Neither Participant is required to administer funds pursuant to this Arrangement.
Financial arrangements will be negotiated on case-by-case basis and will be confirmed by the Participants in writing before the commencement of any activity.
Paragraph 7: Compliance with Export Controls and Regulations
The Participants understand that goods and/or technology transferred during the course of this Arrangement may be subject to export control laws and that each Participant is responsible for its own compliance with such laws.
Paragraph 8: Duration
8.1 Subject to paragraph 8.2 this Arrangement will remain in effect for a period of five (5) years from the date of signature. This Arrangement may be amended or extended by prior written consent between the Participants, with the understanding that either Participant may terminate this Arrangement by sending at least six (6) months prior written notice to the other Participant through the point of contact identified in paragraph 3. Notwithstanding the above, the cooperative activities which commenced prior to termination of this Arrangement will be subject to the terms of this Arrangement as if this Arrangement remained in effect after the date of termination of this Arrangement.
8.2 The provisions in Paragraph 4 will remain in effect after the termination of this Arrangement.
Paragraph 9: Resolution of Differences
Participants will attempt, according to the provisions of this Arrangement and (where apposite) of each relevant separate arrangement, to resolve peacefully any differences resulting from:
a) Joint scientific cooperation under this Arrangement or any separate arrangement: or
b) The interpretation or application of the terms of this Arrangement.
Paragraph 10: No legal rights or obligations
This Arrangement does not create any legal rights or obligations.
Signed on 9 September 2024 in duplicate with each of the copies being equally valid.