Annex 9E: Schedule of Non-Conforming Measures and Reservations for Services – Australia

List A

Explanatory Notes

1. This List A sets out, pursuant to Article 9.9 (Schedules of Non-Conforming Measures and Reservations – Trade in Services), Australia's existing measures that are not subject to some or all of the obligations imposed by:
   1. Article 9.4 (National Treatment – Trade in Services);
   2. Article 9.5 (Most-Favoured-Nation Treatment – Trade in Services);
   3. Article 9.6 (Market Access - Trade in Services); or
   4. Article 9.7 (Local Presence - Trade in Services).
2. Each entry in this List A sets out the following elements:
   1. Sector refers to the sector for which the entry is made;
   2. Subsector where referenced, refers to the specific subsector for which the entry is made;
   3. Level of Government indicates the level of government maintaining the listed measures;
   4. Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 9.9 (Schedules of Non-Conforming Measures and Reservations - Trade in Services), do not apply to the listed measures;
   5. Description sets out the non-conforming measure for which the entry is made; and
   6. Source of Measure means the laws, regulations or other measures that are the source of the non-conforming measure for which the entry is made. A measure cited in the Source of Measure element:
      1. means the measure as amended, continued or renewed as at the date of entry into force of this Agreement, and
      2. includes any subordinate measure adopted or maintained under the authority of, and consistent with, the measure.
3. In accordance with Article 9.9 (Schedules of Non-Conforming Measures and Reservations - Trade in Services), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measure identified in the Description element of that entry.
4. A measure that is reserved against Article 9.7 (Local Presence - Trade in Services) need not be reserved against Article 9.4 (National Treatment - Trade in Services).
5. For greater certainty, the Description element of each of the entries in this List A is to be interpreted in accordance with the relevant cited sources of the non-conforming measures.
6. The UAE's Schedule in Annex 9D (Schedules of Specific Commitments) or Annex 9E (Schedules of Non-Conforming Measures and Reservations) shall not be used to interpret Australia's commitments or obligations under Chapter 9 (Trade in Services).
7. Commitments on measures with respect to, or relating to, trade in financial services are undertaken subject to the limitations and conditions set forth in Annex 9A (Financial Services), these Explanatory Notes and this List A.
8. Without prejudice to other means of prudential regulation, Australia reserves the right to require licensing or registration of financial service suppliers and financial instruments

1. Sector: All Sectors

Subsector: -
Level of Government: Regional
Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Local Presence
Description: All existing non-conforming measures at the regional level of government.
Source of Measure: All existing non-conforming measures at the regional level of government

2. Sector: All Sectors

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
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.
Source of Measure: Corporations Act 2001 (Cth), Corporations Regulations 2001 (Cth)

3. Sector: Professional Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment
Most-Favoured-Nation Treatment 
Description: In order to register to practise in Australia, patent attorneys 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.
Source of Measure: Patents Act 1990 (Cth), Patent Regulations 1991 (Cth)

4. Sector: Professional Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Most-Favoured-Nation Treatment 
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.
Source of Measure: Migration Act 1958 (Cth)

5. Sector: Professional Services

Subsector: -
Level of Government: Central
Obligations Concerned: Local Presence
Description: 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.
Source of Measure: Corporations Act 2001 (Cth)

6. Sector: Professional Services

Subsector: -
Level of Government: Central
Obligations Concerned: Local Presence
Description: To act as a customs broker in Australia, service suppliers must supply the service in and from Australia.
Source of Measure: Customs Act 1901 (Cth)

7. Sector: Fishing and services incidental to fishing

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Description: Foreign fishing vessels¹ 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 levy².
Source of Measure: Fisheries Management Act 1991 (Cth), Foreign Fishing Licences Levy Act 1991 (Cth)

8. Sector: Communication Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Market Access
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.
Source of Measure: Telstra Corporation Act 1991 (Cth)

9. Sector: Health Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Description: The votes attached to significant foreign shareholdings³ 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.
Source of Measure: Commonwealth Serum Laboratories Act 1961 (Cth)

10. Sector: Transport Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Local Presence
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 person⁴ 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 (ACCC) 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.
Source of Measure: Competition and Consumer Act 2010 (Cth)

11. Sector: Transport Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Market Access
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:

• at least two-thirds of the board members must be Australian citizens;
• the Chairperson of the board must be an Australian citizen;
• the airline's head office must be in Australia; and
• the airline's operational base must be in Australia.

Source of Measure: Air Navigation Act 1920 (Cth), Ministerial Statements

12. Sector: Transport Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Market Access 
Description: Total foreign ownership of Qantas Airways Ltd is restricted to a maximum of 49 per cent.
In addition:

• the head office of Qantas must always be located in Australia;
• the majority of Qantas' operational facilities must be located in Australia;
• at all times, at least two-thirds of the directors of Qantas must be Australian citizens;
• at a meeting of the board of directors of Qantas, the director presiding at the meeting (however described) must be an Australian citizen; and
• Qantas is prohibited from taking any action to become incorporated outside Australia.

Source of Measure: Qantas Sale Act 1992 (Cth)

13. Sector: Transport Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Market Access
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.
Source of Measure: Air Services Act 1995 (Cth), Air Services Regulations 1995 (Cth), Public Governance, Performance and Accountability Act 2013 (Cth)

14. Sector: Communication Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment 
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:

• the collection within Australia of letters for delivery within Australia; and
• the delivery of letters within Australia.

This entry does not include:

• the carriage of a letter weighing more than 250 grams;
• 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 post⁵; and
• 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.
Source of Measure: Australian Postal Corporation Act 1989 (Cth)

15. Sector: Financial Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment 
Market Access
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 AUD500,000 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 AUD250,000.
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.
Source of Measure: Banking Act 1959 (Cth), Payment Systems (Regulation) Act 1998 (Cth)

16. Sector: Financial Services

Subsector: -
Level of Government: Central
Obligations Concerned: National Treatment
Description: Liabilities of the Commonwealth Bank, previously Commonwealth Government-owned, are covered by transitional guarantee arrangements.
Source of Measure: Commonwealth Banks Act 1959 (Cth)

17. Sector: Financial Services

Subsector: Life insurance services
Level of Government: Central
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment 
Description: Approval of non-resident life insurers is restricted to subsidiaries incorporated under Australian law.
Source of Measure: Life Insurance Act 1995 (Cth)

List B

Explanatory Notes

1. This List B sets out, pursuant to Article 9.9 (Schedules of Non-Conforming Measures and Reservations - Trade in Services), the specific sectors, subsectors or activities for which Australia may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
   1. Article 9.4 (National Treatment - Trade in Services);
   2. Article 9.5 (Most-Favoured-Nation Treatment - Trade in Services); or
   3. Article 9.6 (Market Access - Trade in Services);
   4. Article 9.7 (Local Presence - Trade in Services).
2. Each entry in this List B sets out the following elements:
   1. Sector refers to the sector for which the entry is made;
   2. Subsector where referenced, refers to the specific subsector for which the entry is made;
   3. Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 9.9 (Schedules of Non-Conforming Measures and Reservations - Trade in Services), do not apply to the sectors, subsectors or activities listed in the entry;
   4. Description sets out the scope of the sector, subsector or activities covered by the entry; and
   5. Existing Measures where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors or activities covered by the entry.
3. In accordance with Article 9.9 (Schedules of Non-Conforming Measures and Reservations - Trade in Services), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors and activities identified in the Description element of that entry.
4. For greater certainty, where Australia has more than one entry in this List 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. The UAE's Schedule in Annex 9D (Schedules of Specific Commitments) or Annex 9E (Schedules of Non-Conforming Measures and Reservations) shall not be used to interpret Australia's commitments or obligations under Chapter 9 (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 out in Chapter 9 (Trade in Services), Annex 9A (Financial Services), these Explanatory Notes and this List 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 9 (Trade in Services) shall interfere with:
   1. 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;
   2. non-discriminatory accreditation and quality assurance procedures for education and training institutions and their programmes, including the standards that must be met;
   3. government funding, subsidies or grants, such as land grants, preferential tax treatment and other public benefits, provided to education and training institutions; or
   4. 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.

1. Sector: All Sectors

Subsector: - 
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment 
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: -

2. Sector: All Sectors

Subsector: - 
Obligations Concerned: Market Access
Most-Favoured-Nation Treatment 
National Treatment
Local Presence 
Description: The following investments are subject to approval by the Australian Government and may also require notification⁶ to the Australian Government:

1. a proposed investment by a foreign person in an entity or Australian business valued above $330 million;⁷,⁸
2. a proposed investment by a foreign person in an entity or Australian business valued above $330 million relating to a sensitive business or its assets;
3. a proposed acquisition by a foreign person of an interest in an agribusiness 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 $71 million;
4. a proposed investment by a foreign person of five per cent or more in the media sector, regardless of the value of the investment;
5. a proposed investment by a foreign person in a national security business, regardless of the value of the investment;
6. a proposed acquisition by a foreign person of an interest in developed commercial land where the value of the interest is more than $330 million, unless the land meets the conditions for the lower developed commercial land threshold of $71 million;
7. a proposed acquisition by a foreign person of an interest in agricultural land, 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;
8. a proposed direct investment by a foreign government investor of any interest regardless of value;
9. the acquisition of any stake in an existing⁹ financial sector company by a foreign investor, or entry into any arrangement by a foreign investor, that would lead to an unacceptable shareholding situation or to practical control of an existing financial sector company.

Under the Foreign Investment Framework, such investments or acquisitions 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.
Without prejudice to the screening thresholds above, Australia reserves the right to adopt or maintain any measure¹⁰ with respect to its Foreign Investment Framework.
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.

3. Sector: All Sectors

Subsector: - 
Obligations Concerned: Market Access
Most-Favoured-Nation Treatment 
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 10 (Entry and Temporary Stay for Business Persons).
Existing Measures: -

4. Sector: All Sectors

Subsector: - 
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).

5. Sector: All Sectors

Subsector: - 
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment 
Description: Australia reserves the right to adopt or maintain any measure with respect to:

1. the devolution to the private sector of services provided in the exercise of governmental authority at the time of entry into force of this Agreement; and
2. the privatisation of government owned entities or assets.

Existing Measures: -

6. Sector: All Sectors

Subsector: - 
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment 
Local Presence
Description: Australia reserves the right to adopt or maintain any measure¹¹ with respect to the provision of law enforcement and correctional services, and the following services¹² 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;
• health¹³;
• child care;
• public utilities;
• public transport; and
• public housing.

Existing Measures: -

7. Sector: Communications Services; Recreational, Cultural and Sporting Services

Subsector: -
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment
Local Presence
Description: Australia reserves the right to adopt or maintain any measure with respect to:

1. the creative arts,¹⁴ cultural heritage¹⁵ and other cultural industries, including audio-visual services, entertainment services and libraries, archives, museums and other cultural services; and
2. broadcasting and audio-visual services, including measures with respect to planning, licensing and spectrum management, and including:
   1. services offered in Australia; and
   2. international services originating from Australia.

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), Australia Council Act 2013 (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, ABC Codes of Practice, SBS Codes of Practice, Commercial Radio Codes of Practice and Guidelines, Community Radio Broadcasting Codes of Practice, Subscription Narrowcast Radio Codes of Practice, Open Narrowcasting Codes of Practice and the associated Narrowcasting for Radio Guidelines, International Co-Production Programs.

8. Sector: Distribution Services

Subsector: -
Obligations Concerned: Market Access
Description: Australia reserves the right to adopt or maintain any measure with respect to wholesale and retail trade in services of tobacco and e-cigarette products, alcoholic beverages, or firearms. 
Existing Measures: -

9. Sector: Education Sector

Subsector: -
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment 
Local Presence
Description: Australia reserves the right to adopt or maintain any measure with respect to primary education.
Existing Measures: -

10. Sector: Gambling and Betting

Subsector: -
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: Legislation and Ministerial Statements, including the Interactive Gambling Act 2001 (Cth).

11. Sector: Maritime Transport

Subsector: -
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.¹⁶
Australia reserves the right to adopt or maintain any measure with respect to the registration of vessels in Australia.
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), Shipping Registration Act 1981 (Cth), Shipping Registration Regulations 1981 (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).

12. Sector: Transport Services

Subsector: -
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)

13. Sector: All Sectors

Subsector: -
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.¹⁷
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 (ANZCERTA).¹⁸
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 any service supplier under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

1. aviation;
2. fisheries; or
3. maritime matters, including salvage.

Existing Measures: -

14. Sector: All Sectors

Subsector: -
Obligations Concerned: Market Access
Description:

1. Australia reserves the right to adopt or maintain any measure at the regional level of government, except:
   1. for the sectors and subsectors, and subject to the limitations and conditions, listed in Appendix A to this List B; and
   2. as provided in Paragraph 2 of this entry.
2. With respect to financial services, Australia reserves the right to adopt or maintain any measure at the regional level of government that is not inconsistent with Australia's revised Services Offer of 31 May 2005 in the World Trade Organization Doha Development Agenda negotiations (WTO Document TN/S/O/AUS/Rev.1).

Existing Measures: -

15. Sector: Financial Services

Subsector: -
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.¹⁹
Existing Measures: -

16. Sector: Financial Services

Subsector: -
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: -

17. Sector: Financial Services

Subsector: -
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment 
Description: Australia reserves the right to adopt or maintain any measure regarding solicitation in its territory.
Existing Measures: -

18. Sector: Financial Services

Subsector: Banking and other financial services (excluding insurance and insurance-related services)
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment 
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 Articles 9.1(y)(i), (y)(ii) and (y)(iv) (Definitions - Trade in Services) for banking and other financial services. 
Subject to any limitations set out elsewhere in Australia's schedule to Part A or Part B, Australia shall permit a financial service supplier of the other Party to supply, via cross-border supply as defined in Article 9.1(y)(i) (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 Article 9A.1(a)(xv) (Definitions - Financial Services) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in Article 9A.1(a)(xvi) (Definitions - Financial Services). 
In relation to the following services Australia shall ensure a financial service supplier of the other Party organised in the territory of that Party, upon obtaining an Australian financial services licence and any other necessary authorisations, or exemptions therefrom, in accordance with prescribed Australian laws and regulations, may undertake:

1. securities related transactions on a wholesale basis between and among financial institutions and other entities;
2. the following services to a collective investment scheme²⁰ located in Australia:²¹
   1. investment advice; and
   2. portfolio management services, excluding:
      1. trustee services; and
      2. custodial services and execution services that are not related to managing a collective investment scheme.

Australia shall permit its residents to purchase in the territory of any other Party the financial services indicated in Article 9A.1(a)(v) to (xvi) (Definitions - Financial Services).
Existing Measures: -

19. Sector: Financial Services

Subsector: Insurance and insurance-related services
Obligations Concerned: National Treatment 
Market Access
Most-Favoured-Nation Treatment 
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 Article 9.1(y)(i), (y)(ii) and (y)(iv) (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 Article 9.1(y)(i) (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:

1. insurance of risks relating to:
   1. 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
   2. goods in international transit;
2. reinsurance and retrocession and the services auxiliary to insurance as referred to in Article 9A.1(a)(iv) (Definitions - Financial Services); and
3. insurance intermediation, such as brokerage and agency as referred to in Article 9A.1(a)(iii) (Definitions - Financial Services).

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

Appendix A: Australia's market access commitments – regional (state and territory) level

For the purposes of this Appendix:

• the 1), 2) and 3) inscribed in the 'Limitations on Market Access' column refers to the modes for the supply of a service as defined in Article 9.1(y)(i) to (iii) (Definitions - Trade in Services);
• * means unbound due to lack of technical feasibility;
• ** indicates that the service specified constitutes only a part of the total range of activities covered by the Customs Procedure Code (CPC) concordance.

Unless otherwise stated, all CPC references correspond to 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).

Modes of Supply:  1) Cross-border Supply; 2) Consumption abroad  3) Commercial presence

1. Business Services

• A. Professional Services

2. Communication Services

• Telecommunications Services

Covers the following subsectors from the Services Sectoral Classification List used by the WTO Secretariat in MTN.GNS/W/120 dated 10 July 1991 and related CPC codes (7521, 7522, 7523, 7529**):

3. Construction And Related Engineering Services

4. Distribution Services

5. Educational Services

6. Environmental Services³⁸

8. Health Related and Social Services

9. Tourism and Travel Related Services

10. Recreational, Cultural and Sporting Services

11. Transport Services

Note on Maritime Transport Services

Definitions

1. Multimodal Transport Operator: the person on whose behalf the bill of lading/multimodal document evidencing a contract of multimodal carriage of goods is issued and who is responsible for the carriage of goods pursuant to the contract of carriage.

2. Other Forms of Commercial Presence for the Supply of International Maritime Transport Services: for the purposes of this Appendix, means the ability for international maritime transport service suppliers of the UAE to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which the maritime transport constitutes a substantial element. This commitment shall not be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery.

   These activities include:

   • marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
   • the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated service;
   • the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;
   • the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of the Annex on Telecommunications of GATS);
   • the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to Australia's commitments listed in Annex 10A (Schedule of Specific Commitments on the Entry and Temporary Stay Business Persons)) with any locally established shipping agency; and
   • acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
3. International Rental of Vessels with Crew: rental or leasing services of all types of sea-going vessels with crew (such as tankers, bulk dry cargo vessels, cargo and freight vessels) for the purpose of international trade.

4. Maritime Cargo Handling Services: activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring of terminal operator companies. The activities covered include the organisation and supervision of: the loading or discharging of cargo to or from a ship; the lashing or unlashing of cargo; and, the reception or delivery and safekeeping of cargoes in the wharf area before shipment or after discharge.

   The organisation and supervision includes the arrangements for (1) engaging skilled labour (dockers), (2) using all the necessary equipment for on-board or shore use and the appropriate storage space, whether by ownership, rental or otherwise, (3) the checking of parcels and markings, the weighing and measuring of cargo (upon request of the owner), and (4) the administrative duties as well as the responsibility related to the services.

   Container terminal operators can furthermore be appointed for stuffing/stripping containers and e.g. the survey and supply of electricity to containers.

5. Maritime Freight Forwarding Services: the organisation and monitoring of shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
6. Customs Clearance Services: activities consisting in carrying out on behalf of the other Party customs formalities concerning import, export or through-transport of cargoes, whether this is the main activity of the service provider or a usual complement of its main activity.
7. Pre-shipment Inspection: all services performed on a fee or contract basis involved in the verification of the quality, quantity, price (including currency exchange rate and financial terms), or the customs classification of goods to be exported.  Does not include customs or quarantine inspection.
8. Maritime Agency Services: activities consisting in representing, within a given geographic area, as an agent, the business interests of one or more shipping line or shipping companies, for the following purposes:
9. • marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies; acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and
   • acting on behalf of the companies organising the call of the ship or taking over cargoes when required.

List C

Additional Commitments – Chapter 9 (Trade in Services) – Australia

This List C sets out, pursuant to Article 9.10 (Additional Commitments – Trade in Services), Australia's additional commitments with respect to measures affecting trade in services, not subject to scheduling under Article 9.4 (National Treatment – Trade in Services), Article 9.6 (Market Access – Trade in Services), Article 9.5 (Most-Favoured Nation Treatment – Trade in Services) or Article 9.7 (Local Presence – Trade in Services).

Description of additional commitment

Sector: Maritime Transport Services

Services at Australian ports are made available to international maritime transport suppliers on reasonable and non-discriminatory terms and conditions. The following is an indicative, but not exhaustive, list of services at Australian ports: pilotage, towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; port captain's services; navigation aids; shore-based operational services essential to ship operations, including communications, water and electrical supplies; emergency repair facilities; anchorage, berth and berthing services.

Where road, rail and related auxiliary services are not fully covered in Appendix A (Australia's Market Access Commitments – Regional (State and Territory) Level) of List B, a multimodal transport operator shall have the ability, on reasonable and non-discriminatory terms and conditions, to rent, hire or charter trucks, railway carriages, ships and related equipment for the purpose of onward forwarding of international cargoes carried by sea, or have access to and use of these forms of transport services for the purpose of providing multimodal transport services.