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Australia-India Economic Cooperation and Trade Agreement

Australia-India ECTA Annex 8F Schedules of Non-Conforming Measures - Schedule of Australia

Part A Explanatory notes

1. This Part A sets out, pursuant to Article 8.9 (Schedules of Non-Conforming Measures – Trade in Services), Australia’s existing measures that are not subject to some or all of the obligations imposed by:

  • (a) Article 8.4 (National Treatment – Trade in Services);
  • (b) Article 8.5 (Most-Favoured-Nation Treatment – Trade in Services);
  • (c) Article 8.6 (Market Access – Trade in Services); or
  • (d) Article 8.7 (Local Presence – Trade in Services).

2. Each entry in this Part A sets out the following elements:

  • (a) Sector refers to the sector for which the entry is made;
  • (b) Sub-sector, where referenced, refers to the specific sub-sector for which the entry is made;
  • (c) Classification, where referenced, provides an indicative and non-binding reference, for illustrative purposes only, to the activity covered by the entry according to the CPC,[1] or as expressly otherwise described in the entry;
    • (i) CPC means the Provisional Central Product Classification (Statistical Papers, Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
  • (d) Obligations concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.9 (Schedules of Non-Conforming Measures – Trade in Services), do not apply to the listed measures;
  • (e) Level of government indicates the level of government maintaining the listed measures;
  • (f) Measures identifies the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element:
    • (i) means the measure as amended, continued, or renewed as of the date of entry into force of this Agreement, and
    • (ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
  • (g) Description sets out the non-conforming measure for which the entry is made.

3. In accordance with Article 8.9 (Schedules of Non-Conforming Measures – Trade in Services), the Articles specified in the “Obligations concerned” element of an entry do not apply to the non-conforming measures identified in the “Description” element of that entry.

4. The list of entries below does not include measures relating to qualification requirements and procedures, technical standards, authorisation requirements and licensing requirements and procedures where they do not constitute a limitation within the meaning of Articles 8.4 (National Treatment – Trade in Services), Article 8.5 (Market Access – Trade in Services), or Article 8.6 (Local Presence – Trade in Services). These measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to have completed a recognised period of training, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or any non-discriminatory requirements that certain activities may not be carried out in protected zones or areas. While not listed, those measures continue to apply.

5. India’s Schedule in Annex 8E (Schedules of Specific Commitments) or Annex 8F (Schedules of Non-Conforming Measures) shall not be used to interpret Australia’s commitments or obligations under Chapter 8 (Trade in Services).

6. Commitments on measures with respect to or relating to trade in financial services are undertaken subject to the limitations and conditions set forth in Chapter 8 (Trade in Services), Annex 8A (Financial Services), these Explanatory Notes and this Part A.

7. Without prejudice to other means of prudential regulation, Australia reserves the right to require licensing or registration of financial service suppliers and of financial instruments.

8. A measure that is reserved against Article 8.7 (Local Presence – Trade in Services) need not be reserved against Article 8.4 (National Treatment – Trade in Services).

9. For greater certainty, the “Description” element of each of the entries in this Part A is to be interpreted in accordance with the relevant cited sources of the non-conforming measures.

10. Australia reserves the right to maintain and to add to this Part A any non-conforming measure at the regional level of government that existed at 1 January 2005, but was not listed in this Part A at the date of entry into force of this Agreement against the following obligations:

  • (a) Articles 8.4 (National Treatment – Trade in Services);
  • (b) Articles 8.5 (Most-Favoured-Nation Treatment – Trade in Services);
  • (c) Articles 8.6 (Market Access – Trade in Services); and
  • (d) Article 8.7 (Local Presence – Trade in Services).

11. Any existing non-conforming measure that is maintained and added to this Part A pursuant to paragraph 10 shall include any amendment to that non-conforming measure since 1 January 2005, to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment.

12. All dollar figures are in Australian dollars unless specified otherwise.

1

Sector

All

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

Market Access

 

Level of government

Central

 

Measures

Australia’s Foreign Investment Framework, which comprises Australia’s Foreign Investment Policy, Foreign Acquisitions and Takeovers Act 1975 (Cth), Foreign Acquisitions and Takeovers Regulation 2015 (Cth), Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth), Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 (Cth), Financial Sector (Shareholdings) Act 1998 (Cth), and Ministerial Statements.

 

Description

A. The following investments[2],[3]are subject to approval by the Australian Government and may also require notification[4] to the Australian Government:

(a) a proposed investment by a foreign person[5] in an entity or Australian business valued above $500 million;[6]

(b) a proposed investment by a foreign person in an entity or Australian business valued above $289 million[7] relating to a sensitive business[8] or its assets;

(c) a proposed direct investment by a foreign government investor[9] of any interest regardless of value;

(d) a proposed investment by a foreign person of five per cent or more in the media sector, regardless of the value of the investment;

(e) a proposed acquisition by a foreign person of an interest in developed commercial land[10] where the value of the interest is more than $500 million[11] unless the land meets the conditions for the lower developed commercial land threshold of $63 million.[12],[13]

Investments may be refused, subject to orders or approved subject to conditions. Foreign persons that do not comply with the Foreign Investment Framework may be subject to civil and criminal penalties.

For greater certainty, where an investment could qualify for the application of one or more of the above screening thresholds, approval or notification requirements apply from the lowest applicable threshold.

Separate or additional requirements may apply to measures subject to other entries in this Part A and to sectors, sub-sectors or activities subject to Part B.

B. The acquisition of a stake in an existing[14] financial sector company by a foreign investor, or entry into an arrangement by a foreign investor, that would lead to an unacceptable shareholding situation or to practical control[15] of an existing financial sector company, may be refused or be subject to certain conditions.[16]

2

Sector

All

 

Obligations concerned

National Treatment

 

Level of government

Central

 

Measures

Corporations Act 2001 (Cth)

Corporations Regulations 2001 (Cth)

 

Description

At least one director of a private company must be ordinarily resident in Australia.

At least two directors of a public company must be ordinarily resident in Australia.

At least one secretary of a private company (if such a private company appoints one or more secretaries) must be ordinarily resident in Australia.

At least one secretary of a public company must be ordinarily resident in Australia.

3

Sector

Professional services

 

Classification

CPC 861**, 87909**

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

 

Level of government

Central

 

Measures

Patents Act 1990 (Cth)

Patents Regulations 1991 (Cth)

 

Description

In order to register to practise in Australia, a patent attorney must have been employed for at least two continuous years, or a total of two years within five continuous years, in Australia or New Zealand, or in both countries, in a position or positions that provided the applicant with required experience in Australia’s and New Zealand’s patent attorney regime.

4

Sector

Professional services

 

Sub-sector

Migration services

 

Classification

CPC 87909**

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

 

Level of government

Central

 

Measures

Migration Act 1958 (Cth)

 

Description

To practise as a migration agent in Australia, a person must be an Australian citizen or permanent resident or a citizen of New Zealand with a special category visa.

5

Sector

Professional services

 

Sub-sector

Customs brokerage

 

Classification

CPC 748**, 749**, 87909**

 

Obligations concerned

Local Presence

 

Level of government

Central

 

Measures

Customs Act 1901 (Cth)

 

Description

To act as a customs broker in Australia, a service supplier must supply the service in and from Australia.

6

Sector

Telecommunications

 

Classification

CPC 752**, 753, 754

 

Obligations concerned

National Treatment

Market Access

 

Level of government

Central

 

Measures

Telstra Corporation Act 1991 (Cth)

 

Description

Aggregate foreign equity is restricted to no more than 35 per cent of shares of Telstra. Individual or associated group foreign investment is restricted to no more than five per cent of shares.

The chairperson and a majority of directors of Telstra must be Australian citizens and Telstra is required to maintain its head office, main base of operations, and place of incorporation in Australia.

7

Sector

Health Services

 

Sub-sector

Human health services

 

Classification

CPC 851**, 853**, 93199**

 

Obligations concerned

National Treatment

 

Level of government

Central

 

Measures

Commonwealth Serum Laboratories Act 1961 (Cth)

 

Description

The votes attached to significant foreign shareholdings[17] may not be counted in respect of the appointment, replacement or removal of more than one-third of the directors of Commonwealth Serum Laboratories (CSL) who hold office at a particular time. The head office, principal facilities used by CSL and any CSL subsidiaries used to produce products derived from human plasma collected from blood or plasma donated by individuals in Australia must remain in Australia. Two-thirds of the directors of the board of CSL and the chairperson of any meeting must be Australian citizens. CSL must not seek incorporation outside of Australia.

8

Sector

Transport services

 

Sub-sector

Maritime transport services

 

Classification

CPC 721**

 

Obligations concerned

National Treatment

Local Presence

 

Level of government

Central

 

Measures

Competition and Consumer Act 2010 (Cth)

 

Description

Every ocean carrier who provides international liner cargo shipping services to or from Australia must, at all times, be represented by a natural person who is resident in Australia.

Only a person[18] affected by a registered conference agreement or by a registered non-conference ocean carrier with substantial market power may apply to the Australian Competition and Consumer Commission to examine whether conference members, and non-conference operators with substantial market power, are hindering other shipping operators from engaging efficiently in the provision of outward liner cargo services to an extent that is reasonable. For greater certainty, matters which are relevant to the determination of ‘reasonable’ include Australia’s national interest and the interests of Australian shippers.

9

Sector

Transport services

 

Classification

CPC 721**, 722

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Level of government

Central

 

Measures

Shipping Registration Act 1981 (Cth)

Shipping Registration Regulations 1981 (Cth)

 

Description

For a ship to be registered on the Australian Shipping Register it must be majority Australian-owned or on demise charter to Australian-based operators. In the case of small craft, a ship must be wholly owned by or solely operated by Australian residents, Australian nationals or both.

For a trading ship to be registered on the International Shipping Register it must be:

(a) majority owned by Australian nationals;

(b) wholly owned by Australian residents, or by Australian residents and Australian nationals;

(c) operated solely by Australian residents, Australian nationals, or both; or

(d) on demise charter to Australian based operators.

The master or chief mate, and chief engineer or first engineer, of the trading ship must be an Australian national or Australian resident.

A ship on demise charter to an Australian-based operator is a ship on demise charter:

(a) to an Australian national or Australian nationals; or

(b) in circumstances where there are two or more persons who include an Australian national, where the Australian national is in a position to control the exercise of the rights and powers of the charterers under the charter party.

For the purposes of this entry, an Australian national is an Australian citizen who is ordinarily resident in Australia; or a body corporate that has its principal place of business in Australia.

10

Sector

Transport services

 

Classification

CPC 731, 732, 734, 741**, 746**

 

Obligations concerned

National Treatment

 

Level of government

Central

 

Measures

Air Navigation Act 1920 (Cth)

Ministerial Statements

 

Description

Total foreign ownership of individual Australian international airlines (other than Qantas) is restricted to a maximum of 49 per cent.

Furthermore, it is required that:

(a) at least two-thirds of the board members must be Australian citizens;

(b) the chairperson of the board must be an Australian citizen;

(c) the airline’s head office must be in Australia; and

(d) the airline’s operational base must be in Australia.

11

Sector

Transport services

 

Classification

CPC 731, 732, 734, 741**, 746**

 

Obligations concerned

National Treatment

Market Access

 

Level of government

Central

 

Measures

Qantas Sale Act 1992 (Cth)

 

Description

Total foreign ownership of Qantas Airways Ltd is restricted to a maximum of 49 per cent. In addition:

(a) the head office of Qantas must always be located in Australia;

(b) the majority of Qantas’ operational facilities must be located in Australia;

(c) at all times, at least two-thirds of the directors of Qantas must be Australian citizens;

(d) at a meeting of the board of directors of Qantas, the director presiding at the meeting (however described) must be an Australian citizen; and

(e) Qantas is prohibited from taking any action to become incorporated outside Australia.

12

Sector

Communication services

 

Sub-sector

Postal services

 

Classification

CPC 751**

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

Market Access

 

Level of government

Central

 

Measures

Australian Postal Corporation Act 1989 (Cth)

 

Description

Australia Post, a wholly-owned government entity, has the exclusive right to issue postage stamps and carry letters within Australia, whether the letters originated within or outside Australia. This includes:

(a) the collection within Australia of letters for delivery within Australia; and

(b) the delivery of letters within Australia.

This entry does not include:

(a) the carriage of a letter weighing more than 250 grams;

(b) the carriage of a letter within Australia for a charge or fee that is at least four times the rate of postage that is current at the time for the carriage within Australia of a standard postal article by ordinary post[19]; and

(c) other exceptions to the reserved services set out in section 30 of the Australian Postal Corporation Act 1989 (Cth).

Australia Post also has certain rights, powers and immunities ascribed only to it, such as the use and access to public land for the provision of postal and courier services.

13

Sector

Transport services

 

Sub-sector

Supporting services for air transport

 

Classification

CPC 746**

 

Obligations concerned

National Treatment

Market Access

 

Level of government

Central

 

Measures

Air Services Act 1995 (Cth)

Air Services Regulations 1995 (Cth)

Public Governance, Performance and Accountability Act 2013 (Cth)

 

Description

The following functions and services are reserved to provision by the statutory authority, Airservices Australia: airspace management, air traffic flow information, air traffic control, traffic and flight information, navigation services, aeronautical information, and aerodrome rescue and fire-fighting services.

14

Sector

Professional services

 

Sub-sector

Auditing and liquidation services

 

Classification

CPC 8621**, 87909**

 

Obligations concerned

Local Presence

 

Level of government

Central and Regional

 

Measures

Corporations Act 2001 (Cth)

Co-operative Housing and Starr-Bowkett Societies Act 1998 (NSW)

Estate Agents Act 1980 (Vic)

 

Description

Commonwealth

A person who is not ordinarily resident in Australia may be refused registration as a company auditor or liquidator.

At least one partner in a firm providing auditing services must be a registered company auditor who is ordinarily resident in Australia.

New South Wales

A person must be ordinarily resident in New South Wales in order to be an auditor of specified kinds of societies and associations.

Victoria

A firm of auditors cannot audit an estate agent's accounts unless at least one member of the firm of auditors is an Australian resident.

15

Sector

Fishing; services incidental to fishing

 

Classification

CPC 882**

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Level of government

Central and Regional

 

Measures

Fisheries Management Act 1991 (Cth)

Foreign Fishing Licences Levy Act 1991 (Cth)

Fisheries Management Act 1994 (NSW)

Fisheries (General) Regulation 2019 (Qld)

Fisheries Act 1995 (Vic)

Fish Resources Management Act 1994 (WA)

Pearling Act 1990 (WA)

Ministerial Policy Guideline No.17 of August 2001 (WA)

 

Description

Commonwealth

Foreign fishing vessels[20] seeking to undertake fishing activity, including any activity in support of or in preparation for any fishing activity or the processing, carrying or transhipment of fish, in the Australian Fishing Zone must be authorised.

Where foreign fishing vessels are authorised, they may be subject to a levy.[21]

New South Wales

A foreign person or a foreign-owned body is not permitted to hold shares in a share management fishery.

Queensland

A primary commercial fishing licence that identifies a primary commercial fishing boat may only be issued if the boat is a domestic commercial vessel.

Victoria

A fishery access licence or aquaculture licence can only be issued to:

(a) an individual who is an Australian resident;

(b) a single corporation that has a registered office in Australia; or

(c) a co-operative that has a registered office in a jurisdiction that administers the Co-operatives National Law (currently New South Wales, Queensland, Victoria, South Australia, the Northern Territory, Tasmania, Western Australia and the Australian Capital Territory).

Western Australia

Only an individual who is an Australian citizen or permanent resident may be a licensee within the Western Australian pearling industry.

In the case of corporations, partnerships or trusts holding licences, these must be Australian owned or controlled (at least 51 per cent of the issued share capital, partnership interest or trust property must be owned by Australian citizens or permanent residents; the chairman, majority of the board of directors and all the company officers must be Australian citizens or permanent residents and must be nominated by, and represent, Australian interests).

A person must not construct any place, or establish any plant or facilities in or on any place, for the purpose of processing fish for a commercial purpose, unless the person is authorised to do so by a permit.

In deciding whether to grant such a permit, the CEO will consider factors including whether it is in the better interests of the fishing industry to grant the permit having regard to:

(a) the number of establishments in respect of which permits or fish processor’s licences have already been granted or sought; and

(b) the size and nature of those establishments.

A person must not process fish for a commercial purpose unless the person is authorised to do so by a fish processor’s licence. In deciding whether to grant such a permit, the CEO will consider factors including whether it is in the better interests of the fishing industry to grant the licence.

16

Sector

Real estate services and distribution services

 

Classification

CPC 6111**, 6113**, 6121**, 6211**, 821**, 822**, 87909**

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Level of government

Regional

 

Measures

Agents Act 2003 (ACT)

Community Land Management Act 1989 (NSW)

Strata Schemes Management Act 1996 (NSW)

Property, Stock and Business Agents Act 2002 (NSW)

Agents Licensing Act 2017 (NT)

Property Agents and Motor Dealers Act 2000 (Qld)

Estate Agents Act 1980 (Vic)

Conveyancers Act 2006 (Vic)

Real Estate and Business Agents Act 1978 (WA)

Real Estate and Business Agents (General) Regulations 1979 (WA)

Settlement Agents Act 1981 (WA)

Settlement Agents Regulations 1982 (WA)

 

Description

Australian Capital Territory

An estate agent must have their principal place of business in the Australian Capital Territory.

New South Wales

A person cannot be appointed as an agent (for a proprietor of a development lot, neighbourhood lot or strata lot) if they are not an Australian resident. A person cannot be appointed as an agent (for an owner of a lot, for dealings with the owner’s corporation) if they are not an Australian resident.  To be licensed as a property, stock, business, strata managing or community managing agent in New South Wales, licensees must have a registered office in New South Wales.

Northern Territory

A licensed agent[22] must maintain an office in Australia at or from which the conduct of business under the licence is to occur.

Queensland

In order to obtain a licence to operate in Queensland as a real estate agent, auctioneer, motor dealer or commercial agent, a person must have a business address in Queensland.

Victoria

A person cannot be licensed as an estate agent unless they have a registered office in Victoria and they must maintain a principal office in Victoria.  An agent’s representative must have a registered address in Victoria to which documents can be sent.

A person cannot be licensed as a conveyancer or carry on a conveyancing business in Victoria unless they maintain a principal place of business in Victoria.

Western Australia

A person seeking to carry on business as a real estate or business agent in Western Australia must establish and maintain a registered office in the state.

A person seeking to carry on business as a settlement agent (conveyancer) in Western Australia must ordinarily reside in the state. In the case of a firm or body corporate seeking to carry on business as a settlement agent, the person in bona fide control of the business must be ordinarily resident in the state.

A licensed settlement agent must establish and maintain a registered office in the state.

17

Sector

All

 

Obligations concerned

National Treatment

Local Presence

 

Level of government

Regional

 

Measures

Associations Act 2017 (NT)

Associations Incorporation Act 1991 (ACT)

Associations Incorporation Act 1981 (Qld)

Associations Incorporation Act 1985 (SA)

Associations Incorporation Act 1964 (Tas)

Associations Incorporation Reform Act 2012 (Vic)

 

Description

Australian Capital Territory

An application for incorporation of an association[23] must be made by a person who is a resident of the Australian Capital Territory.

The public officer of an incorporated association must be a person who is a resident of the Australian Capital Territory.

Queensland

The office of secretary shall become vacant if the person holding that office ceases to be a resident in Queensland, or in another state but not more than 65 kilometres from the Queensland border.

The management committee of an incorporated association must ensure that the secretary is an individual residing in Queensland, or in another state but not more than 65 kilometres from the Queensland border.

The members of the management committee of an incorporated association must ensure that the association has an address nominated for the service of documents on the association. The nominated address must be a place in the state where a document can be served personally on a person.  A post office box is not a place that can be shown as a nominated address.

Northern Territory

An application for the incorporation of an association must be made by a person who is a resident of the Northern Territory.

The public officer of an incorporated association must be a person who is a resident of the Northern Territory.

South Australia

The public officer of an incorporated association must be a person who is a resident of South Australia.

Tasmania

A person is not eligible to be appointed as a public officer of an incorporated association unless the person is resident in Tasmania.

Victoria

A person applying for the incorporation of an association must be an Australian resident.

The first secretary and secretary of an incorporated association must be Australian residents.

18

Sector

All

 

Obligations concerned

National Treatment

 

Level of government

Regional

 

Measures

Co-operatives National Law (ACT) Act 2017 (ACT)

Co-operatives (Adoption of National Law) Act 2012 (NSW)

Co-operatives (National Uniform Legislation) Act 2015 (NT)

Co-operatives National Law Act 2020 (Qld)

Co-operatives National Law (South Australia) Act 2013 (SA)

Co-operatives National Law (Tasmania) Act 2015 (Tas)

Co-operatives National Law Application Act 2013 (Vic)

Co-operatives Act 2009 (WA)

 

Description

All Australian states and territories

The secretary of a co-operative must be a person ordinarily resident in Australia.

At least two of the directors of a co-operative must be ordinarily resident in Australia.

A co-operative registered under the Co-operatives National Law (CNL) must have a registered office in the jurisdiction in which it was first incorporated as a co-operative. It does not need to have a registered office in any other jurisdiction that has applied the CNL.

19

Sector

All

 

Obligations concerned

National Treatment

 

Level of government

Regional

 

Measures

Partnership Act 1963 (ACT)

Partnership Act 1892 (NSW)

Partnership Act 1997 (NT)

Partnership Act 1891 (Qld)

Partnership Act 1891 (SA)

Partnership Act 1891 (Tas)

Partnership Act 1958 (Vic)

 

Description

Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Tasmania and Victoria

A limited partnership or an incorporated limited partnership established in a state or territory must have an office, principal office or registered office in that state or territory.

20

Sector

All

 

Obligations concerned

Local Presence

 

Level of government

Regional

 

Measures

Consumer Affairs and Fair Trading Act 2017 (NT)

Consumer Affairs and Fair Trading (Trading Stamps) Regulations 2002 (NT)

 

Description

Northern Territory

A promoter of a third party trading scheme[24] must maintain an office in Australia.

21

Sector

Professional services

 

Classification

CPC 8119**, 813**, 87909**

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Level of government

Regional

 

Measures

Trustee Companies Act 1947 (ACT)

Trustee Companies Act 1964 (NSW)

Companies (Trustees and Personal Representatives) Act 1981 (NT)

Trustee Companies Act 1968 (Qld)

Trustee Companies Act 1988 (SA)

Trustee Companies Act 1953 (Tas)

Trustee Companies Act 1984 (Vic)

Trustee Companies Act 1987 (WA)

 

Description

Northern Territory

A body corporate may not obtain a grant of probate or act as an executor of a will, or trustee of an estate of a deceased person, unless it is a “licensed trustee company” as defined in section 601RAA of the Corporations Act 2001 (Cth), or a body corporate authorised by a law of the Northern Territory to obtain a grant of probate and so act.

Western Australia

A company can only act as a trustee company in Western Australia if it is a “licensed trustee company” as defined in section 601RAA of the Corporations Act 2001 (Cth).

All other Australian states and territories

A body corporate may not obtain a grant of probate or act as an executor of a will and any codicil unless it is a “licensed trustee company” within the meaning of Chapter 5D of the Corporations Act 2001 (Cth).

22

Sector

Professional services

 

Sub-sector

Architectural services

 

Classification

CPC 8671

 

Obligations concerned

Local Presence

 

Level of government

Regional

 

Measures

Architects Act 1963 (NT)

 

Description

Northern Territory

To qualify for registration as an architectural partnership or company, the partnership or company must have a place of business or be carrying on business within the Northern Territory.

23

Sector

Research and development services

 

Classification

CPC 851**, 853**

 

Obligations concerned

National Treatment

 

Level of government

Regional

 

Measures

Biodiscovery Act 2004 (Qld)

 

Description

Queensland

A biodiscovery entity seeking to collect or use native biological material from Queensland for biodiscovery purposes must be authorised under a collection authority, have an approved biodiscovery plan, and an individually negotiated Benefit Sharing Agreement.

An application for a collection authority, or a biodiscovery plan, may be granted with or without conditions, or refused.

Under the Benefit Sharing Agreement, a biodiscovery entity must among other conditions, provide certain benefits of biodiscovery (as defined in the Act) to Queensland.

24

Sector

Mining and related services

 

Classification

CPC 883, 5115

 

Obligations concerned

National Treatment

 

Level of government

Regional

 

Measures

Mount Isa Mines Limited Agreement Act 1985 (Qld)

 

Description

Queensland

The operator of Mount Isa Mines shall, so far as is reasonably and economically practicable:

(a) use the services of professional consultants resident and available within Queensland;

(b) use labour available within Queensland;

(c) when preparing specifications, calling for tenders and letting contracts for works, materials, plant, equipment and supplies, ensure that Queensland suppliers, manufacturers and contractors are given reasonable opportunity to tender or quote; and

(d) give proper consideration and where possible preference to Queensland suppliers, manufacturers and contractors when letting contracts or placing orders for works, materials, plant, equipment and supplies where price, quality, delivery and service are equal to or better than that obtainable elsewhere.

25

Sector

Distribution services

 

Classification

CPC 62266**, 62269**, 62289**, 63293**, 63299**

 

Obligations concerned

National Treatment

Local Presence

 

Level of government

Regional

 

Measures

Firearms Act 2017 (NT)

 

Description

Northern Territory

Grant of a firearms licence[25] requires residency in the Northern Territory. Licences and permits expire three months after the holder ceases to reside permanently in the Northern Territory.

26

Sector

Distribution services

 

Classification

CPC 63107**, 63108, 63109**, 6431**, 6432**

 

Obligations concerned

National Treatment

Local Presence

 

Level of government

Regional

 

Measures

Liquor Act 2018 (NT) and policy and practice

Kava Management Act 2016 (NT)

Tobacco Control Act 2016 (NT) and policy and practice

 

Description

Northern Territory

The Northern Territory Licensing Commission may require:

(a) a liquor licensee, if the licensee is an individual; or

(b) at least one of the licensees, if the licence is held by a partnership; or

(c) the licence nominee, if the licence is held by a corporation

to ordinarily reside within the general locality of the premises to which the licence relates.

An applicant for a retail licence for kava must ordinarily reside or carry on business in the relevant licence area in the Northern Territory.

The holder of a tobacco retail licence may only sell tobacco products from the premises specified in the licence.

A tobacco retail licence in relation to liquor licensed premises may only be granted to the liquor licensee of those premises.

27

Sector

Distribution services

 

Classification

CPC 62226**, 63107**, 6431**, 6432**

 

Obligations concerned

National Treatment

 

Level of government

Regional

 

Measures

Wine Industry Act 1994 (Qld)

 

Description

Queensland

In order to obtain a wine merchant’s licence to sell wine, the business conducted by a person under the licence must contribute to the Queensland wine industry in a substantial way. In order to obtain a wine producer’s licence to sell wine, a person must be selling wine made from fruit grown by the person on the premises to which the licence relates, or selling wine made by the person on the premises to which the licence relates.

28

Sector

Recreational, cultural and sporting services

 

Classification

CPC 6221**, 6329**, 881, 9633

 

Obligations concerned

National Treatment

Local Presence

 

Level of government

Regional

 

Measures

Nature Conservation Act 1992 (Qld)

Nature Conservation (Animals) Regulation 2020 (Qld)

Nature Conservation (Plants) Regulation 2020 (Qld)

 

Description

Queensland

The Chief Executive of the Queensland Department of Environment and Science may grant an animal authority[26] to a corporation only if the corporation has an office in Queensland.

The Chief Executive may grant a plant authority[27] to a corporation only if the corporation has an office in Queensland.

An individual or corporation is only taken to be a “person aggrieved” by a decision, failure to make a decision, or conduct under the Act if the individual is an Australian citizen or ordinarily resident in Australia or, if a corporation, established in Australia.

29

Sector

Transport services

 

Classification

CPC 7121**, 7122**

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Level of government

Regional

 

Measures

Road Transport (Public Passenger Services) Act 2001 (ACT)

Road Transport (Public Passenger Services) Regulation 2002 (ACT)

Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW)

Commercial Passenger (Road Transport) Act 2014 (NT)

Passenger Transport Act 1994 (SA)

Transport (Road Passenger Services) Act 2018 (WA)

Transport Coordination Act 1996 (WA)

 

Description

Australian Capital Territory

An application for accreditation to run a public transport service must be made by an Australian citizen or permanent resident of Australia.

The Minister may determine the number of taxi licences or restricted taxi licences. The Road Transport Authority must not issue a taxi licence or a restricted taxi licence if the number of taxi licences or restricted taxi licences (as appropriate) would exceed the relevant number determined by the Minister.

New South Wales

The number of taxi licences is limited. Transport for NSW will determine, before 31 March each year, the number of taxi licences to be issued during the year commencing on the following 1 July.

Northern Territory

A taxi licence will be cancelled if the holder, being an individual, has not been ordinarily resident in the Northern Territory for more than six months or, being a body corporate, has ceased for more than six months to have its principal place of business in the Northern Territory.

South Australia

The number of taxi licences is limited. The number of general taxi licences to operate in metropolitan Adelaide is limited to 50.

Western Australia

An application for authorisation to provide an on-demand booking service must nominate at least one person to be a responsible officer that represents the applicant in providing the on-demand booking service who is: (a) a resident of Western Australia and (b) ordinarily resident in Australia.

When determining whether to grant or refuse a licence for a commercial goods vehicle, the Minister may consider the factors identified in the legislation, including the effect of the proposed service on existing services.

30

Sector

Security services

 

Classification

CPC 873, 6325**, 6228**, 63299**, 885**, 886**

 

Obligations concerned

National Treatment

 

Level of government

Regional

 

Measures

Security Industry Act 1997 (NSW)

 

Description

New South Wales

A person must be an Australian citizen or an Australian permanent resident to obtain a licence to carry on a security activity in New South Wales.

31

Sector

Distribution services

 

Classification

CPC 62211

 

Obligations concerned

National Treatment

Market Access

 

Level of government

Regional

 

Measures

Rice Marketing Act 1983 (NSW)

 

Description

New South Wales

New South Wales retains marketing board arrangements for rice.

32

Sector

Recreational, cultural and sporting services

 

Classification

CPC 6221**, 63295**, 881**, 9633**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Nature Conservation Act 2014 (ACT)

 

Description

Australian Capital Territory

The keeping of a non-exempt animal under the Nature Conservation Act 2014 (ACT) is prohibited.

33

Sector

Education

 

Classification

CPC 921, 922**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Education Act 2016 (Tas)

Education Regulations 2017 (Tas)

School Education Act 1999 (WA)

Advance Determination Policy Direction 2019

 

Description

Tasmania

A person or body must not operate a non-government school, or a campus of a non-government school, unless that school is registered under the Act. In deciding whether to grant an application for registration of an individual non-government school, the Minister must consider the likely impact that the registration of the new school will have on existing schools.

Western Australia

A person may not establish or conduct a non-government school in Western Australia unless it is registered under the Act. In order to be eligible for registration, there must be an advance determination in force for the proposed school. In deciding whether to make an advance determination, the Minister will consider the potential for adverse effects on existing schools.

34

Sector

Transport

 

Sub-sector

Pilotage

 

Classification

CPC 7452

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Ports Management Act 2015 (NT)

 

Description

Northern Territory

The Minister may appoint a pilotage services provider to provide pilotage services on an exclusive basis within a relevant pilotage area.

35

Sector

Pharmacies

 

Classification

CPC 6321

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Health Practitioner Regulation National Law (NSW)

Pharmacy Business Ownership Act 2001 (Qld)

Pharmacy Regulation Act 2010 (Vic)

Pharmacy Act 2010 (WA)

 

Description

New South Wales

In New South Wales, a pharmacist must not (whether as an individual or as a partner in a pharmacists’ partnership or a member of a body corporate) own or otherwise have a financial interest in more than five pharmacy businesses.

Queensland

In Queensland, a person must not own a pharmacy business unless the person is:

(a) a pharmacist; or

(b) a corporation whose directors and shareholders are all pharmacists; or

(c) a corporation as described in section 139B(ba) of the Act; or

(d) a friendly society as described in sections 139B(c)-(d) of the Act; or

(e) any other entity as described in the Act.

In Queensland, there are limits on the number of pharmacies which a person or entity may own or have a beneficial interest in:

(a) a pharmacist must not have a beneficial interest in more than five pharmacy businesses at the same time;

(b) a corporation must not own more than five pharmacy businesses at the same time;

(c) a friendly society must not own more than six pharmacy businesses at the same time.

Victoria

In Victoria, a person must not own or have a proprietary interest in a pharmacy business unless the person is:

(a) a registered pharmacist; or

(b) a company as described in sections 5(b)-(e) of the Act; or

(c) any other person as described in the Act.

In Victoria, there are limits on the number of pharmacy businesses which a person or company may own or have a proprietary interest in.

Western Australia

In Western Australia, a pharmacist, or a friendly society, must not own, or hold a proprietary interest in, more than four pharmacy businesses at any one time. A new friendly society must not acquire, or acquire a proprietary interest in, a pharmacy business, if the total number of pharmacy businesses which are owned by a new friendly society, or in which a new friendly society holds a proprietary interest, is nine or more than nine.

36

Sector

Pipeline transport

 

Classification

CPC 7131, 887**

 

Obligations concerned

Market Access

 

Level of government

Central and Regional

 

Measures

National Gas (South Australia) Act 2008 (SA)

 

Description

South Australia

A regulated pipeline service (“covered pipeline”) may only be provided by certain kinds of legal entities which include:

(a) a legal entity registered under the Corporations Act 2001 (Cth); or

(b) a foreign company; or

(c) a corporation established by or under a law of the Commonwealth, or a state or territory, of Australia which is a “participating jurisdiction” for the purposes of the Act.

The terms used in this entry must be interpreted by reference to the National Gas (South Australia) Act 2008 (SA).

37

Sector

Mining

 

Classification

CPC 883**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Opal Mining Act 1995 (SA)

 

Description

South Australia

In South Australia there are limits on the maximum number of tenements for opals or other precious stones.

A person must not hold at the same time:

(a) more than one opal development lease;

(b) more than one precious stones claim that is in a precious stones field, subject to the qualification that a person may hold two precious stones claims if one or both of the claims arise from an opal development lease; or

(c) more than two precious stones claims.

The terms used in this entry must be interpreted by reference to the Act.

38

Sector

Mining

 

Sub-sector

Petroleum

 

Classification

CPC 883**, 8675**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Petroleum (Submerged Lands) Act 1982 (SA)

Petroleum Act 1998 (Vic)

 

Description

South Australia

Under certain circumstances, the Minister may direct the holder of a licence to increase or reduce the rate at which petroleum is being extracted or recovered in the licence area to a specified rate.

Victoria

Pursuant to section 60 of the Petroleum Act 1998 (Vic), under certain circumstances, the Minister may direct the holder of a licence to reduce the rate at which petroleum is being extracted or recovered in the licence area to a specified rate.

39

Sector

Agriculture

 

Classification

CPC 8811**, 8812**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Land Administration Act 1997 (WA)

 

Description

Western Australia

The Pastoral Lands Board may from time to time determine the minimum and maximum numbers and the distribution of stock to be carried on land under a pastoral lease. The pastoral lessee must comply with such a determination.

The Minister must not:

(a) approve the grant of a pastoral lease to a person; or

(b) approve the transfer to the person of any interest in a pastoral lease

if the result of the grant or transfer would be that the pastoral land imputed to the person would exceed 500,000 hectares, unless the Minister is satisfied that the transfer would not result in so great a concentration of control of pastoral land as to be against the public interest.

40

Sector

Cat breeding

 

Classification

CPC 9709**, 62214**, 63295**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Cat Act 2011 (WA)

Cat (Uniform Local Provisions) Regulations 2013 (WA)

 

Description

Western Australia

There are limits on the number of cats which may be kept at a premises in Western Australia. The numbers are set under local laws and may differ between local government areas.

41

Sector

Forestry

 

Classification

CPC 8814**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Forestry Act 2012 (NSW)

Sustainable Forests (Timber) Act 2004 (Vic)

Forests Act 1958 (Vic)

 

Description

New South Wales

The Minister may, by notice in writing to the Forestry Corporation of New South Wales:

(a) prohibit particular kinds of forestry operations in a special management zone; or

(b) prohibit forestry operations in the zone unless particular conditions are complied with.

The carrying out of general purpose logging is prohibited in a special management zone.

Victoria

VicForests has a monopoly over certain timber harvesting operations in state forests and has discretion to authorise persons to perform timber harvesting operations under contract or licence. The number of contracts or licences may be limited and there may be a limit on the total amount of resources which may be harvested.

42

Sector

Rain-making

 

Classification

CPC 8811**, 9709**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Rain-Making Control Act 1967 (Vic)

 

Description

Victoria

Rain-making operations in Victoria are prohibited unless they are authorised under the Act.

43

Sector

Dog breeding

 

Classification

CPC 9709**, 62214**, 63295**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Domestic Animals Act 1994 (Vic)

Dog Act 1976 (WA)

Dog Regulations 1976 (WA)

 

Description

Victoria

A commercial dog breeder in Victoria must not keep more than 50 relevant fertile female dogs.

Western Australia

There are limits on the number of dogs which may be kept at a premises in Western Australia. The numbers are set under local laws and may differ between local government areas.

44

Sector

Agriculture and manufacturing

 

Classification

CPC 8811**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Controlled Substances Act 1984 (SA)

Drugs, Poisons and Controlled Substances Act 1981 (Vic)

Drugs, Poisons and Controlled Substances Regulations 2017 (Vic)

 

Description 

South Australia

In South Australia a person may only:

(a) cultivate or process alkaloid poppies; or

(b) manufacture any other drug, poison or controlled substance which is regulated by the Act,

if they hold an approved licence and subject to the terms and conditions of the licence. Licences are granted on a discretionary basis, and the number of licences may be limited.

Unless otherwise approved, a poppy cultivation licence is subject to the condition that the licensed grower must have a contract with a licensed processor for the processing of alkaloid poppies cultivated under the licence.

Licences granted in South Australia to process alkaloid poppies are subject to limits on the maximum quantities which may be processed.

Victoria

Licences granted in Victoria to manufacture or formulate heroin are subject to limits on the maximum quantities which may be processed, manufactured or formulated (as appropriate).

45

Sector

Hunting

 

Classification

CPC 8813, 9641**, 96499**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Wildlife Act 1975 (Vic)

Wildlife (Game) Regulations 2012 (Vic)

 

Description

Victoria

A licence is required to hunt wildlife or game in Victoria and the number of licences granted may be limited. Hunting of game is subject to licence conditions including bag limits, which vary for different taxon of game.

46

Sector

Human and social services

 

Sub-sector

Human health services

 

Classification

CPC 851**, 853**

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Measures

Animal Research Act 1985 (NSW)

 

Description

New South Wales

Only a corporation may apply for accreditation as a research establishment under the Animal Research Act 1985 (NSW).

47

Sector

Financial Services

 

Obligations Concerned

National Treatment

Market Access

 

Level of Government

Central

 

Measures

Banking Act 1959 (Cth)

Payment Systems (Regulation) Act 1998 (Cth)

 

Description

A foreign bank located overseas is able to offer its services to Australian enterprises, but is not allowed to raise deposit funds in Australia or undertake business within Australia unless it is an authorised bank (or establishes a money market corporation, subsidiary, etc.).

Foreign banks located overseas may only raise funds in Australia through the issue of debt securities, provided those securities are offered or traded in parcels of not less than $500,000 and the securities and any associated information memoranda clearly state the issuing bank is not authorised under the Banking Act 1959 (Cth) in Australia.

To undertake banking business in Australia, an entity must be a body corporate and authorised as an authorised deposit-taking institution (ADI).

Foreign deposit-taking institutions (including foreign banks) may only operate a banking business in Australia through locally incorporated deposit-taking subsidiaries or authorised branches (foreign ADIs), or through both structures.

A branch of a foreign bank that is authorised as a deposit-taking institution in Australia (foreign ADI) is not permitted to accept initial deposits (and other funds) from individuals and non-corporate institutions of less than $250,000.

A representative office of a foreign bank is not permitted to undertake any banking business, including advertising for deposits, in Australia. Such a representative office is only permitted to act as a liaison point.

48

Sector

Financial Services

 

Obligations Concerned

National Treatment

 

Level of Government

Central

 

Measures

Commonwealth Banks Act 1959 (Cth)

 

Description

Liabilities of the Commonwealth Bank, previously Commonwealth Government-owned, are covered by transitional guarantee arrangements.

49

Sector

Financial Services

 

Sub-Sector

Life Insurance Services

 

Obligations Concerned

National Treatment

Most-Favoured-Nation Treatment

Market access

 

Level of Government

Central

 

Measures

Life Insurance Act 1995 (Cth)

 

Description

Approval of non-resident life insurers is restricted to subsidiaries incorporated under Australian law.

50

Sector

Financial Services

 

Obligations Concerned

Market Access

 

Level of Government

Central

 

Measures

Safety, Rehabilitation and Compensation Act 1988 (Cth)

 

Description

Comcare, a Commonwealth Government agency, is the monopoly provider of workers’ compensation insurance for Commonwealth Government employees.

51

Sector

Financial Services

 

Obligations concerned

National Treatment

Local Presence

 

Level of government

Regional

 

Measures

Credit (Administration) Act 1984 (WA)

Credit (Administration) Regulations 1985 (WA)

Debt Collectors Licensing Act 1964 (WA)

Debt Collectors Licensing Regulations 1964 (WA)

Finance Brokers Control Act 1975 (WA)

Finance Brokers Control (General) Regulations 2005 (WA)

 

Description

Western Australia

A natural person (whether alone or in partnership with other persons) or an incorporated body seeking to carry on a business of providing credit in Western Australia (including where the provision of the credit is connected with the carrying on of another business), must have a principal office in Australia and a principal place of business in Western Australia.

Any person, including an incorporated body, seeking to exercise or carry on the business or any functions of a debt collector in Western Australia must have a principal place of business in Western Australia.

A natural person seeking to carry on business as a finance broker in Western Australia must ordinarily be resident in Western Australia. A finance broker must have a registered office in Western Australia while carrying on business as a broker.

52

Sector

Financial services

 

Obligations concerned

National Treatment

Local Presence

 

Level of government

Regional

 

Measures

Second-hand Dealers and Pawnbrokers Act 2003 (Qld)

 

Description

Queensland

A person operating as a second-hand dealer or as a pawnbroker must have a principal place of business in Queensland where a document can be served personally. A post office box does not suffice.

Part B Explanatory Notes

1. This Part B sets out, pursuant to Article 8.9 (Schedules of Non-Conforming Measures – Trade in Services), the specific sectors, sub-sectors, or activities for which Australia may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:

  • (a) Article 8.4 (National Treatment – Trade in Services);
  • (b) Article 8.5 (Most-Favoured-Nation Treatment – Trade in Services);
  • (c) Article 8.6 (Market Access – Trade in Services); or
  • (d) Article 8.7 (Local Presence – Trade in Services).

2. Each entry in this Part B sets out the following elements:

  • (a) Sector refers to the sector for which the entry is made;
  • (b) Sub-Sector, where referenced, refers to the specific sub-sector for which the entry is made;
  • (c) Classification, where referenced, provides an indicative and non-binding reference, for illustrative purposes only, to the activity covered by the entry, according to the CPC,[28] or as expressly otherwise described in that entry;
    • (i) CPC means the Provisional Central Product Classification (Statistical Papers, Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
  • (d) Obligations concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.9 (Schedules of Non-Conforming Measures – Trade in Services), do not apply to the sectors, sub-sectors, or activities listed in the entry;
  • (e) Description sets out the scope or nature of the sectors, sub-sectors, or activities covered by the entry to which the reservation applies; and
  • (f) Existing measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors, or activities covered by the entry.

3. In accordance with Article 8.9 (Schedules of Non-Conforming Measures – Trade in Services), the Articles specified in the “Obligations concerned” element of an entry do not apply to the sectors, sub-sectors, and activities identified in the “Description” element of that entry.

4. For greater certainty, where Australia has more than one entry in this Part B that could apply to a measure, each entry is to be read independently, and is without prejudice to the application of any other entry to the measure.

5. India’s Schedule in Annex 8E (Schedules of Specific Commitments) or Annex 8F (Schedules of Non-Conforming Measures) shall not be used to interpret Australia’s commitments or obligations under Chapter 8 (Trade in Services).

6. Commitments on measures with respect to or relating to trade in financial services are undertaken subject to the limitations and conditions set forth in Chapter 8 (Trade in Services), Annex 8A (Financial Services), these Explanatory Notes and this Part B.

7. Without prejudice to other means of prudential regulation, Australia reserves the right to require licensing or registration of financial service suppliers and of financial instruments.

8. For the avoidance of doubt, in relation to education services, nothing in Chapter 8 (Trade in Services) shall interfere with:

  • (a) the ability of individual education and training institutions to maintain autonomy in admissions policies (including in relation to considerations of equal opportunity for students and recognition of credits and degrees), in setting tuition rates and in the development of curricula or course content;
  • (b) non-discriminatory accreditation and quality assurance procedures for education and training institutions and their programmes, including the standards that must be met;
  • (c) government funding, subsidies or grants, such as land grants, preferential tax treatment, and other public benefits, provided to education and training institutions; or
  • (d) the need for education and training institutions to comply with non-discriminatory requirements related to the establishment and operation of a facility in a particular jurisdiction.

9. All dollar figures are in Australian dollars unless specified otherwise.

1

Sector

All

 

Obligations concerned

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, subject to the provisions of Chapter 9 (Temporary Movement of Natural Persons), that is not inconsistent with Australia’s obligations under Article XVI of GATS.

 

Existing measures

 

2

Sector

All

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Description

Australia reserves the right to adopt or maintain any measure that accords preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation.

For the purpose of this reservation, an Indigenous person means a person of the Aboriginal and Torres Strait Islander peoples.

 

Existing measures

Legislation and ministerial statements at all levels of government including Australia’s foreign investment framework, and the Native Title Act 1993 (Cth).

3

Sector

All

 

Obligations concerned

National Treatment

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to a proposed acquisition by a foreign person[29],[30] of an interest in Australian land,[31] other than developed commercial land or land that is used wholly and exclusively for a primary production business.

 

Existing measures

Australia’s Foreign Investment Framework, which comprises Australia’s Foreign Investment Policy, Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

4

Sector

All

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person[32],[33] of an interest in agricultural land[34] where the cumulative value of the agricultural land owned by the foreign person alone or together with associates, including the proposed acquisition, is above $15 million.

Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person of an interest in an agribusiness[35] where the cumulative value of the interest held by the foreign person in that agribusiness, alone or together with associates, including the proposed acquisition, is above $63 million.

 

Existing measures

Australia’s Foreign Investment Framework, which comprises Australia’s Foreign Investment Policy, Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

5

Sector

All

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to:

(a) the devolution to the private sector of activities performed in the exercise of governmental authority at the date of entry into force of this Agreement; and

(b) the privatisation of government owned entities or assets.

For the purposes of this entry, any measure adopted after the date of entry into force of this Agreement in relation to subparagraph (a) or (b) shall be deemed an existing non-conforming measure subject to paragraph 1 of Article 8.9 (Schedules of Non-Conforming Measures – Trade in Services).

 

Existing measures

 

6

Sector

All

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

Market Access

Local Presence

 

Description

Australia reserves the right to adopt or maintain any measure[36] with respect to the provision of law enforcement and correctional services, and the following services[37] to the extent that they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health,[38] child care, public utilities, public transport, and public housing.

 

Existing measures

 

7

Sector

Broadcasting and Audio-visual Services, Advertising Services, Live Performance[39]

 

Classification

CPC 752**, 753, 7549**, 961**, 962**, 963**

 

Obligations concerned

National Treatment

Market Access

Local Presence[40]

 

Description

Australia reserves the right to adopt or maintain any measure[41] with respect to:

(a) transmission quotas for local content on free-to-air commercial television broadcasting services;

(b) non-discriminatory expenditure requirements for Australian production on subscription television broadcasting services;

(c) transmission quotas for local content on free-to-air radio broadcasting services;

(d) other audio-visual services transmitted electronically, in order to make Australian audio-visual content reasonably available to Australian consumers;[42]

(e) spectrum management and licensing of broadcasting services;[43] and

(f) subsidies or grants for investment in Australian cultural activity.

This entry does not apply to foreign investment restrictions in the broadcasting and audio-visual services sector.

 

Existing measures

Broadcasting Services Act 1992 (Cth)

Radiocommunications Act 1992 (Cth)

Income Tax Assessment Act 1936 (Cth)

Income Tax Assessment Act 1997 (Cth)

Screen Australia Act 2008 (Cth)

Broadcasting Services (Australian Content and Children’s Television) Standards 2020

Broadcasting Services (Australian Content in Advertising) Standard 2018

Broadcasting Services (Events) Notice (No. 1) 2010

Commercial Radio Codes of Practice and Guidelines

Community Radio Broadcasting Codes of Practice

8

Sector

Broadcasting and Audio-visual Services, Advertising Services, Live Performance

 

Classification

CPC 752**, 753, 7549**, 961**, 962**

 

Obligations concerned

Most-Favoured-Nation Treatment

 

Description

Australia reserves the right to adopt or maintain any measure[44] that treats New Zealand programmes or productions as local content.[45]

This entry does not apply to foreign investment restrictions in the broadcasting and audio-visual services sector.

 

Existing measures

 

9

Sector

Broadcasting and Audio-visual Services

 

Classification

CPC 752**, 753, 7549**, 961**

 

Obligations concerned

Most-Favoured-Nation Treatment

 

Description

Australia reserves the right to adopt or maintain, under the International Co-production Program, preferential co-production arrangements for film and television productions. Official co-production status, which may be granted to a co-production produced under these co-production arrangements, confers national treatment on works covered by these arrangements.

 

Existing measures

International Co-production Program

10

Sector

Recreational, Cultural and Sporting Services (other than audio-visual services)

 

Classification

CPC 9619, 963

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

Market Access

Local Presence

 

Description

Australia reserves the right to adopt or maintain any measure with respect to the creative arts,[46],[47] Indigenous traditional cultural expressions, and other cultural heritage.[48]

 

Existing measures

 

11

Sector

Education services

 

Sub-sector

Primary education

 

Classification

CPC 921

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Description

Australia reserves the right to adopt or maintain any measure with respect to primary education.

 

Existing measures

 

12

Sector

Distribution services

 

Classification

CPC 62226**, 62228, 62266**, 62269**,62289**, 63107**, 63108**, 63293**, 63299**, 6431**, 6432**

 

Obligations concerned

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to wholesale and retail trade services of tobacco products, alcoholic beverages, or firearms.

 

Existing measures

 

13

Sector

All

 

Obligations concerned

Most-Favoured-Nation Treatment

 

Description

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.[49]

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier taken as part of a process of economic integration or trade liberalisation between the parties to the Australia-New Zealand Closer Economic Relations Trade Agreement done at Canberra on 28 March 1983.[50]

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service supplier of a Pacific Islands Forum member state under any international agreement in force or signed after the date of entry into force of this Agreement.

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to service suppliers under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) aviation;

(b) fisheries; or

(c) maritime matters, including salvage.

 

Existing measures

 

14

Sector

Gambling and betting

 

Classification

CPC 96492

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Description

Australia reserves the right to adopt or maintain any measure with respect to gambling and betting.

 

Existing measures

Interactive Gambling Act 2001 (Cth) and Ministerial Statements

15

Sector

Maritime transport

 

Classification

CPC 721**, 722, 741**, 742**, 745, 748**, 749**

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Description

Australia reserves the right to adopt or maintain any measure with respect to maritime cabotage services and offshore transport services.[51]

 

Existing measures

Customs Act 1901 (Cth)

Fair Work Act 2009 (Cth)

Seafarers’ Rehabilitation and Compensation Act 1992 (Cth)

Occupational Health and Safety (Maritime Industry) Act 1993 (Cth)

Income Tax Assessment Act 1936 (Cth)

Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth)

Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 (Cth)

Shipping Reform (Tax Incentives) Act 2012 (Cth)

Shipping Registration Act 1981 (Cth)

Shipping Registration Regulations 2019 (Cth)

16

Sector

Transport services

 

Classification

CPC 741**, 746**

 

Obligations concerned

National Treatment

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to investment in federal leased airports.

 

Existing measures

Airports Act 1996 (Cth)

Airports (Ownership-Interests in Shares) Regulations 1996 (Cth)

Airports Regulations 1997 (Cth)

17

Sector

Fishing; services incidental to fishing

 

Classification

CPC 882**

 

Obligations concerned

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to access to and use of the biological resources and fishing grounds situated in the Australian Fishing Zone or waters under the jurisdiction of a state or territory.

 

Existing measures

 

18

Sector

Nuclear industry

 

Classification

CPC 5226**, 887**

 

Obligations concerned

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to nuclear activities.

Australia reserves the right to adopt or maintain any measure with respect to nuclear facilities, including:

(a) nuclear fuel fabrication plants;

(b) nuclear power plants;

(c) enrichment plants; and

(d) reprocessing facilities.

For the purposes of this entry “nuclear activities” means any procedure or operation involved in the prospecting for, mining, milling, treatment, processing, conversion, enrichment, fabrication, use, reprocessing or disposal of nuclear material.

 

Existing measures

 

19

Sector

Mining and related activities

 

Classification

CPC 883**

 

Obligations concerned

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to hydraulic fracturing and exploration and mining of coal seam gas.

 

Existing measures

 

20

Sector

Electricity

 

Classification

CPC 5226**, 887**

 

Obligations concerned

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to the production, collection, storage, and distribution of electricity.

 

Existing measures

 

21

Sector

All

 

Obligations concerned

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure with respect to water, including for domestic, industrial, commercial, agricultural, environmental, cultural, or other uses.

 

Existing measures

 

22

Sector

Forestry

 

Classification

CPC 8814**

 

Obligations concerned

Market Access

 

Description

Australian Capital Territory

Australia reserves the right to adopt or maintain any measure with respect to plantation forestry and commercial harvesting of native timber in the Australian Capital Territory.

 

Existing measures

Planning and Development Act 2007 (ACT)

Territory Plan 2008 (ACT)

23

Sector

Transport

 

Sub-sector

Commercial passenger transport

 

Classification

CPC 7121**, 7122**

 

Obligations concerned

Market Access

 

Description

Northern Territory

Australia reserves the right to limit the number of licences in force for any class of commercial passenger vehicle in the Northern Territory.

 

Existing measures

Commercial Passenger (Road) Transport Act 1991 (NT)

24

Sector

Transport

 

Sub-sector

Ports

 

Classification

CPC 721**, 722**, 741**, 742**, 745, 748**, 749**

 

Obligations concerned

Market Access

 

Description

Northern Territory

Australia reserves the right to adopt or maintain any measure with respect to the operation or ownership of ports in the Northern Territory.

 

Existing measures

 

25

Sector

Transport

 

Classification

CPC 7121**, 7122**

 

Obligations concerned

Market Access

 

Description

Queensland

Australia reserves the right to impose market entry restrictions on a public passenger service in Queensland, which includes taxis, hire cars, and limousines.

 

Existing measures

Transport Operations (Passenger Transport) Act 1994 (Qld)

Transport Operations (Passenger Transport) Regulation 2018 (Qld)

26

Sector

Agriculture

 

Sub-sector

Genetically modified crops

 

Classification

CPC 6221**, 6222**, 6310**, 851**, 8811**

 

Obligations concerned

Market Access

 

Description

Victoria

Australia reserves the right to adopt or maintain any measure with respect to the cultivation, or any other dealing with, genetically modified crops in Victoria.

 

Existing measures

 

27

Sector

All

 

Obligations concerned

Market Access

 

Description

Victoria

In Victoria, the Minister may:

(a) provide, operate, control, deregulate or direct any vital industry while a vital industry declaration is in force; and

(b) employ such persons in such numbers and upon such terms as appear necessary for the carrying into effect of these powers.

Australia reserves the right to adopt or maintain any measure with respect to the activities referred to in subparagraphs (a) and (b) in Victoria.

 

Existing measures

Vital State Industries (Works and Services) Act 1999 (Vic)

28

Sector

Mining and related activities

 

Classification

CPC 883, 8675, 5115

 

Obligations concerned

Market Access

 

Description

Western Australia

Australia reserves the right to adopt or maintain any measure with respect to mining in Western Australia.

 

Existing measures

 

29

Sector

Energy

 

Classification

CPC 613, 887**

 

Obligations concerned

Market Access

 

Description

Western Australia

Australia reserves the right to adopt or maintain any measure with respect to the production, collection, storage, and distribution of energy in Western Australia.

 

Existing measures

 

30

Sector

Financial Services

 

Obligations concerned

Market Access

 

Description

Australia reserves the right to adopt or maintain any measure imposing non-discriminatory limitations on juridical form for juridical persons supplying financial services and constituted under the laws of Australia. For example, partnerships and sole proprietorships are generally not acceptable juridical forms for authorised depository institutions in Australia.[52]

 

Existing measures

 

31

Sector

Financial Services

 

Obligations concerned

National Treatment

 

Description

Australia reserves the right to adopt or maintain any measure with respect to the guarantee by government of government-owned entities whose operations include the provision of financial services, including guarantees related to the privatisation of such entities.

 

Existing measures

 

32

Sector

Financial Services

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

Market Access

Local Presence

 

Description

Australia reserves the right to adopt or maintain any measure regarding solicitation in its territory.

 

Existing measures

 

33

Sector

Financial Services

 

Sub-Sector

Banking and other financial services (excluding insurance and insurance-related services)

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Description

Except as provided in this entry, Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraphs (s)(i), (s)(ii) and (s)(iv) of Article 8.1 (Definitions – Trade in Services) for banking and other financial services.

Subject to any limitations set out elsewhere in Part A or Part B of Australia’s Schedule to Annex 8F (Schedules of Non-Conforming Commitments), Australia shall permit a financial service supplier of the other Party to supply, via cross-border supply as defined in subparagraph (s)(i) of Article 8.1 (Definitions – Trade in Services) and under terms and conditions that accord national treatment, the following services: provision and transfer of financial information and financial data processing as referred to in subparagraph (b)(xv) of Article 8A.1 (Definitions – Financial Services) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in subparagraph (b)(xvi) of Article 8A.1 (Definitions – Financial Services).

Australia shall permit its residents to purchase in the territory of the other Party the financial services indicated in subparagraphs (b)(v) through (xvi) of Article 8A.1 (Definitions – Financial Services).

 

Existing measures

 

34

Sector

Financial Services

 

Sub-sector

Insurance and insurance-related services

 

Obligations concerned

National Treatment

Market Access

Local Presence

 

Description

Except as provided in this entry, Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraph (s)(i), (s)(ii) and (s)(iv) of Article 8.1 (Definitions – Trade in Services) for insurance and insurance-related services.

Australia shall permit a financial service supplier of the other Party to supply, via cross-border supply as defined in subparagraph (s)(i) of Article 8.1 (Definitions – Trade in Services) and under terms and conditions that accord national treatment, whether as a principal, through an intermediary or as an intermediary, the following services:

a) insurance of risks relating to:

i. maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and

ii. goods in international transit;

b) reinsurance and retrocession and the services auxiliary to insurance as referred to in subparagraph (b)(iv) of Article 8A.1 (Definitions – Financial Services); and

c) insurance intermediation, such as brokerage and agency as referred to in subparagraph (b)(iii) of Article 8A.1 (Definitions – Financial Services), of insurance risks related to the services listed in subparagraphs (a) and (b).

Australia shall permit its residents to purchase in the territory of the other Party the financial services indicated in subparagraphs 2(a) to (c) of this entry.

 

Existing measures

 

35

Sector

Financial Services

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Description

1. Australia reserves the right for the following state and territory Governments to maintain any measure related to the existence and operation of central financing authorities through which the Government’s wholly or partly owned statutory authorities and business enterprises are obliged to borrow, and in some cases invest, their funds, or otherwise obtain certain financial services:

South Australia

South Australian Government Financing Authority, Local Government Finance Authority of South Australia

Tasmania

The Tasmanian Public Finance Corporation

New South Wales

New South Wales Treasury Corporation

Victoria

Treasury Corporation of Victoria

Queensland

Queensland Treasury Corporation, Queensland Investment Corporation

Northern Territory

Northern Territory Treasury Corporation

Western Australia

Western Australia Treasury Corporation

2. For the purposes of this entry, any measure maintained after the date of entry into force of this Agreement that is covered by paragraph 1 shall be deemed an existing non-conforming measure subject to paragraph 1 of Article 8.9 (Schedules of Non-Conforming Measures – Trade in Services).

3. Paragraph 1 shall not be used to nullify, impair or otherwise adversely affect the benefits accruing to a Party under paragraph 2.

 

Existing Measures

 

36

Sector

Financial services

 

Obligations concerned

Market Access

 

Level of government

Regional

 

Description

1. Australia reserves the right for the following state and territory Governments to maintain restrictions, by way of monopolies or licensing provisions and associated controls on premiums and other terms of policies, in the following areas of insurance:

(a) Compulsory Third Party Motor Vehicle Accident: Victoria, Western Australia, Tasmania, the Northern Territory (monopolies), New South Wales, Queensland, South Australia, the Australian Capital Territory (licensing, premiums/policy terms).

(b) Workers Compensation: South Australia, Victoria, Queensland (monopoly), New South Wales, Western Australia, Tasmania, and the Northern Territory (licensing, premiums/policy terms).

2. For the purposes of this entry, any measure maintained after the date of entry into force of this Agreement that is covered by paragraph 1 shall be deemed an existing non-conforming measure subject to paragraph 1 of Article 8.9 (Schedules of Non-Conforming Measures – Trade in Services).

3. Paragraph 1 shall not be used to nullify, impair or otherwise adversely affect the benefits accruing to a Party under paragraph 2.

 

Existing Measures

 

37

Sector

All

 

Obligations concerned

National Treatment

Most-Favoured-Nation Treatment

Market Access

Local Presence

 

Description

Australia reserves the right to adopt or maintain any measure that it considers necessary for the protection of its essential security interests.

 

Existing measures

 

[1] The use of ** in this element indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.

[2] The terms in this entry shall be interpreted in accordance with Australia’s Foreign Investment Framework as at the date of entry into force of this Agreement.

[3] “Investment” means activities covered by Part II of the Foreign Acquisitions and Takeovers Act 1975 (Cth) or, where applicable, Ministerial Statements on foreign investment policy. Funding arrangements that include debt instruments having quasi-equity characteristics will be treated as direct foreign investment.

[4]The Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth) and the Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 (Cth) set the fees for foreign investment applications and notices. Fees are indexed annually on 1 July.

[5] For the purposes of this entry, the term “foreign person” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[6] This is the figure as at 1 January 2022. To be indexed annually on 1 January.

[7] This is the figure as at 1 January 2022. To be indexed annually on 1 January.

[8] The term “sensitive business” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[9] The term “foreign government investor” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[10] The term “developed commercial land” means commercial land that is not vacant within the meaning of the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[11] This is the figure as at 1 January 2022. To be indexed annually on 1 January.

[12] This is the figure as at 1 January 2022. To be indexed annually on 1 January

[13] The conditions for the lower threshold are those set out in Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[14] For the purposes of this entry, “existing” means in existence at the time the investment is proposed or made.

[15] “Unacceptable shareholding situation” and “practical control” as defined in the Financial Sector (Shareholdings) Act 1998 (Cth).

[16] Ministerial Statements on Foreign Investment Policy including the Treasurer’s Press Release No.28 of 9 April 1997.

[17] For the purposes of this entry, “significant foreign shareholding” means a holding of voting shares in CSL in which a foreign person has a relevant interest, if the foreign person has relevant interests in at least five per cent of the voting shares in CSL.

[18] Sections 10.48 and 10.58 of Part X of the Competition and Consumer Act 2010 (Cth) list the categories of persons to whom this reservation will apply.

[19] As specified in accordance with the Australian Postal Corporation Act 1989 (Cth) and its subordinate legislation and regulations or any amendments thereto.

[20] For the purposes of this entry, a “foreign fishing vessel” is one that does not meet the definition of an Australian boat under the Fisheries Management Act 1991 (Cth), that is, an Australian-flagged boat (not owned by a foreign resident) or a boat owned by an Australian resident or corporation and built, and whose operations are based, in Australia.

[21]The levy charged will be in accordance with the Foreign Fishing Licences Levy Act 1991 (Cth) or any amendments thereto.

[22] A “licensed agent” includes a real estate agent, business agent or conveyancing agent.

[23] “Association” includes a trading association.

[24] “Third party trading scheme” means a scheme or arrangement under which the acquisition of goods or services by a consumer from a supplier is a condition which gives rise, or apparently gives rise, to an entitlement to a benefit from a third party in the form of goods or services or some discount, concession, or advantage in connection with the acquisition of goods or services.

[25] “Firearms licences” include firearms dealer licences, firearms armourer licences, firearms museum licences, firearms collector licences, firearms employee licences, and paintball operator licences.

[26] The term “animal authority” is defined in Schedule 7 of the Nature Conservation (Animals) Regulation 2020 (Qld).

[27] The term “plant authority” is defined in Schedule 5 of the Nature Conservation (Plants) Regulation 2020 (Qld).

[28] The use of ** in this element indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.

[29] The terms in this entry shall be interpreted in accordance with Australia’s Foreign Investment Framework as at the date of entry into force of this Agreement.

[30] The term “foreign person” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[31] The terms “Australian land” and “interest in Australian land” have the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[32] The terms in this entry shall be interpreted in accordance with Australia’s Foreign Investment Framework as at the date of entry into force of this Agreement.

[33] The term “foreign person” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[34] The term “agricultural land” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[35] The term “agribusiness” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

[36] For greater certainty, measures adopted or maintained with respect to the provision of services covered by this entry include measures for the protection of personal information relating to health and children.

[37] This includes any measure with respect to: the collection of blood and its components; the distribution of blood and blood-related products, including plasma derived products; plasma fractionation services; and the procurement of blood and blood-related products and services.

[38] For greater certainty, the subsidies programmes under Australia’s Pharmaceutical Benefits Scheme and Medicare Benefits Scheme, or successor programmes, are not subject to Chapter 8 (Trade in Services) in accordance with Article 8.2(3)(b) (Scope – Trade in Services).

[39] With respect to “live performance” this entry applies only in respect of subparagraph (f).

[40] Applies only in respect of subparagraph (e) and in respect of the licensing of services covered by subparagraph (d).

[41] For greater certainty, this includes the right to adopt or maintain measures under subparagraphs (a) through (f) with respect to the services supplied by the Australian Broadcasting Corporation and the Special Broadcasting Service Corporation.

[42] Any such measure will be implemented in a manner that is consistent with Australia’s commitments under Article XVI and Article XVII of GATS.

[43] In respect of subparagraph (e), Australia’s reservation applies only in respect of Article 8.6 (Market Access – Trade in Services), and Article 8.7 (Local Presence – Trade in Services).

[44] For greater certainty, this includes the right to adopt or maintain measures with respect to the services supplied by the Australian Broadcasting Corporation and the Special Broadcasting Service Corporation.

[45] This includes measures with respect to the matters referred to in Entry 7 in this Part B.

[46] For the purposes of this entry, “creative arts” means: the performing arts (including live theatre, dance and music); visual arts and craft; literature (other than literary works transmitted electronically); and hybrid art works, including those which use new technologies to transcend discrete art form divisions. For live performances of the “creative arts”, as defined, this entry does not extend beyond subsidies and grants for investment in Australian cultural activity.

[47] Notwithstanding this, such measures shall be implemented in a manner that is consistent with Australia’s commitments under Article XVI and Article XVII of GATS, as applicable.

[48] For the purposes of this entry, “cultural heritage” means: ethnological, archaeological, historical, literary, artistic, scientific, or technological moveable or built heritage, including the collections which are documented, preserved and exhibited by museums, galleries, libraries, archives, and other heritage collecting institutions.

[49] For greater certainty, this right extends to any differential treatment accorded pursuant to a subsequent review or amendment of the relevant bilateral or multilateral international agreement.

[50] For greater certainty, this includes measures adopted or maintained under any existing or future protocol to that agreement.

[51] For the purposes of this entry, “cabotage” is defined as the transportation of passengers or goods between a port located in Australia and another port located in Australia and traffic originating and terminating in the same port located in Australia. “Offshore transport” refers to shipping services involving the transportation of passengers or goods between a port located in Australia and any location associated with or incidental to the exploration or exploitation of natural resources of the continental shelf of Australia, the seabed of the Australian coastal sea and the subsoil of that seabed.

[52] This entry is not itself intended to affect, or otherwise limit, a choice by a financial service supplier of the other Party between branches or subsidiaries.

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