Australia - China FTA (2015)
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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.

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 and the first secretary of an association applying for incorporation must be an Australian resident.

The first secretary of an amalgamated association must be an Australian resident.

4.

Sector: All Sectors

Obligations Concerned: National Treatment

Level of Government: Regional

Source of Measure:

Cooperatives Act 2002 (ACT)

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

Co-operatives Act (NT)

Cooperatives Act 1997 (Qld)

Co-operatives Act 1997 (SA)

Cooperatives Act 1999 (Tas)

Co-operatives National Law Application Act 2013 (Vic) Co-operatives Act 2009 (WA)

Description:

All Australian States and Territories

Except for South Australia, a cooperative must have a registered office in each state or territory in which it operates. In South Australia, registers must be kept at an office in South Australia.

The secretary of a cooperative must be a person ordinarily resident in Australia.

Excluding those states and territories which have implemented the Co-operatives National Law, a foreign cooperative must appoint a person who will act as agent of the cooperative in each state or territory in which it operates.

Excluding those states and territories which have implemented the Co-operatives National Law, a foreign cooperative must appoint a person resident in each state or territory in which it operates as a person on whom all notices and legal process may be served on behalf of the cooperative.

At least two of the directors of a cooperative must be Australian residents.

5.

Sector: All Sectors

Obligations Concerned: National Treatment

Level of Government: Regional

Source of Measure:

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.

6.

6 Sector: All Sectors

Obligations National Treatment Concerned:

Level of Government: Regional

Source of Measure: Consumer Affairs and Fair Trading Act (NT) Consumer Affairs and Fair Trading (Trading Stamps) Regulations (NT)

Description: Northern Territory

A promoter of a third party trading scheme (10) must maintain an office in Australia.

(10) The term "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.

7.

Sector: Security Services

Obligations Concerned: National Treatment

Level of Government: Regional

Source of Measure: 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.

8.

Sector: Professional Services

Obligations National Treatment Concerned:

Level of Government: Central

Source of Measure: Patents Act 1990 (Cth) Patent Regulations 1991 (Cth)

Description: In order to register to practise in Australia, patent attorneys must be ordinarily resident in Australia (11).

(11) For the purposes of this entry, a person is taken to be "ordinarily resident" in Australia if the person has his or her home in Australia or Australia is the country of his or her permanent abode even though he or she is temporarily absent from Australia. However, the person is taken not to be "ordinarily resident" in Australia if he or she resides in Australia for a special or temporary purpose only.

9.

Sector: Professional Services

Obligations Concerned: National Treatment

Level of Government: Regional

Source of Measure:

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).

10.

Sector: Professional Services

Obligations Concerned:National Treatment

Level of Government: Central and Regional

Source of Measure:

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.

11.

Sector: Professional Services

Obligations National Treatment Concerned:

Level of Government: Regional

Source of Measure: Architects Act (NT)

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

12.

Sector: Professional Services

Obligations Concerned: National Treatment Most-Favoured-Nation Treatment

Level of Government: Central

Source of Measure: 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.

13.

Sector: Professional Services

Obligations Concerned: National Treatment

Level of Government: Central

Source of Measure: Customs Act 1901 (Cth)

Description: To act as a customs broker in Australia, service suppliers must provide the service in and from Australia.

14.

Sector: Communication Services

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

Level of Government: Central Source of Measure: 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:

— the collection within Australia of letters for delivery within Australia; and

— the delivery of letters within Australia.

This reservation 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 post (12); 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.

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

15.

Sector: Communication Services

Obligations Concerned: Market Access National Treatment

Level of Government: Central

Source of Measure: 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.

16.

Sector: Research and Development Services

Obligations Concerned: National Treatment

Level of Government: Regional

Source of Measure: Biodiscovery Act 2004 (Qld)

Description:

Queensland

Benefit sharing agreements require sublicences for use of samples or derivates to conduct biodiscovery research and commercialisation to be offered first to Queensland-based entities, then to Australian-based entities, and then to overseas-based entities. Any entity with a benefit sharing agreement must obtain consent before granting a sublicence to an overseas-based entity.

17.

Sector: Real Estate and Distribution Services

Obligations National Treatment Concerned:

Level of Government: Regional

Source of Measure: Community Land Management Act 1989 (NSW) Strata Schemes Management Act 1996 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Agents Licensing Act (NT)

Agents Act 2003 (ACT)

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)

  • Chapter   1 Initial provisions and definitions 1
  • Article   1 Establishment of a free trade area 1
  • Article   1.2 Relation to other agreements 1
  • Article   1.3 General definitions 1
  • Chapter   2 Trade in goods 1
  • Article   2.1 Scope 1
  • Article   2.2 Definitions 1
  • Article   2.3 National treatment on internal taxation and regulation 1
  • Article   2.4 Elimination of customs duties 1
  • Article   2.5 Classification of goods 1
  • Article   2.6 Customs valuation 1
  • Article   2.7 Non-tariff measures 1
  • Article   2.8 Import licensing 1
  • Article   2.9 Administrative fees and formalities 1
  • Article   2 Administration of trade regulations 1
  • Article   2.11 Export subsidies 1
  • Article   2.12 Transparency and review of non-tariff measures 1
  • Article   2.13 Country specific tariff quota 1
  • Article   2.14 Special agricultural safeguard measures 1
  • Article   2.15 Committee on trade in goods 1
  • Article   2.16 Dispute settlement 1
  • Annex 2-A  Country specific tariff quota 1
  • Annex 2-B  Special agricultural safeguard measures 1
  • Chapter   3. Rules of origin and implementation procedures 1
  • Section   A Rules of origin 1
  • Article   3.1 Definitions 1
  • Article   3.2 Originating goods 2
  • Article   3.3 Wholly obtained goods 2
  • Article   3.4 Change in tariff classification 2
  • Article   3.5 Regional value content 2
  • Article   3.6 Cumulation 2
  • Article   3.7 De minimis 2
  • Article   3.8 Accessories, spare parts and tools 2
  • Article   3.9 Fungible materials 2
  • Article   3.10 Packing, packages and containers 2
  • Article   3.11 Neutral elements 2
  • Article   3.12 Minimal operations or processes 2
  • Article   3 Direct consignment 2
  • Section   B Implementation procedures 2
  • Article   3.14 Certificate of origin 2
  • Article   3.15 Declaration of origin 2
  • Article   3.16 Claims for preferential tariff treatment 2
  • Article   3.17 Minor errors or discrepancies 2
  • Article   3.18 Waiver of certificate of origin or declaration of origin 2
  • Article   3.19 Amendments to certificates or declarations of origin 2
  • Article   3.20 Retention of origin documents 2
  • Article   3.21 Verification of origin 2
  • Article   3.22 Denial of preferential tariff treatment 2
  • Article   3.23 Goods transported en route after exportation 2
  • Article   3.24 Review 2
  • ANNEX 3-A  Certificate of origin 3
  • ANNEX 3-B  Declaration of origin china-australia free trade agreement 3
  • Chapter   4 Customs procedures and trade facilitation 3
  • Article   4.1 Scope 3
  • Article   4.2 Definitions 3
  • Article   4.3 Customs procedures and facilitation 3
  • Article   4.4 Cooperation 3
  • Article   4.5 Risk management 3
  • Article   4.6 Application of information technology 3
  • Article   4.7 Transparency 3
  • Article   4.8 Review and appeal 3
  • Article   4.9 Advance rulings 3
  • Article   4.10 Release of goods 3
  • Article   4.11 Perishable goods 3
  • Article   4.12 Temporary admission of goods 3
  • Article   4.13 Acceptance of copies 3
  • Article   4.14 Consultation 4
  • Chapter   5 Sanitary and phytosanitary measures 4
  • Article   5.1 Objectives 4
  • Article   5.2 Scope 4
  • Article   5.3 Definitions 4
  • Article   5.4 International obligations 4
  • Article   5.5 Transparency 4
  • Article   5.6 Cooperation 4
  • Article   5.7 Regionalisation and equiv alence 4
  • Article   5.8 Control, inspection and approval procedures 4
  • Article   5.9 Technical assistance and capacity building 4
  • Article   5.10 Consultation and dispute settlement 4
  • Article   5.11 Committee on sanitary and phytosanitary measures 4
  • Chapter   6 Technical barriers to trade 4
  • Article   6.1 Objectives 4
  • Article   6.2 Scope 4
  • Article   6.3 Definitions 4
  • Article   6.4 Affirmation of the tbt agreement 4
  • Article   6.5 International standards 4
  • Article   6.6 Technical regulations 4
  • Article   6.7 Conformity assessment procedures 4
  • Article   6.8 Transparency 4
  • Article   6.9 Trade facilitation 4
  • Article   6.10 Information exchange 4
  • Article   6.11 Cooperation and technical assistance 4
  • Article   6.12 Consultation and dispute settlement 4
  • Article   6.13 Committee on technical barriers to trade 4
  • Chapter   7 Trade Remedies 5
  • Article   7.1 Definitions 5
  • Article   7.2 Application of a Bilateral Safeguard Measure 5
  • Article   7.3 Scope and Duration of Bilateral Safeguard Measures 5
  • Article   7.4 Investigation Procedures and Transparency Requirements 5
  • Article   7.5 Provisional Bilateral Safeguard Measures 5
  • Article   7.6 Notification and Consultation 5
  • Article   7.7 Compensation 5
  • Article   7.8 Global Safeguard 5
  • Article   7.9 Anti-dumping Measures 5
  • Article   7.10 Subsidies and Countervailing Measures 5
  • Chapter   8 Trade In Services 5
  • Section   Scope and Definitions 5
  • Article   8.1 Scope 5
  • Article   8.2 Definitions 5
  • Section   II Scheduling Approach 5
  • Article   8.3 Scheduling of Commitments 5
  • Section   A Positive Listing Approach 5
  • Article   8.4 Schedule of Specific Commitments 5
  • Article   8.5 National Treatment 5
  • Article   8.6 Market Access 5
  • Article   8.7 Most-favoured-nation Treatment 6
  • Article   8.8 Additional Commitments 6
  • Section   B Negative Listing Approach 6
  • Article   8.9 Schedule of Non-conforming Measures 6
  • Article   8.10 National Treatment 6
  • Article   8.11 Market Access 6
  • Article   8.12 Most-favoured-nation Treatment 6
  • Section   III Other Provisions 6
  • Article   8.13 Domestic Regulation 6
  • Article   8.14 Recognition 6
  • Article   8.15 Qualifications Recognition Cooperation 6
  • Article   8.16 Payments and Transfers 6
  • Article   8.17 Denial of Benefits 6
  • Article   8.18 Transparency 6
  • Article   8.19 Telecommunication Services 6
  • Article   8.20 Committee on Trade In Services 6
  • Article   8.21 Contact Points 6
  • Article   8.22 Modification of Schedules 6
  • Article   8.23 Monopolies and Exclusive Service Suppliers 6
  • Article   8.24 Review 6
  • Article   8.25 Cooperation 6
  • ANNEX 8-A  Sector coverage under article 8.7 6
  • ANNEX 8-B  Financial services 7
  • Article   1 Scope 7
  • Article   2 Definitions 7
  • Article   3 Domestic Regulation 7
  • Article   4 Recognition 7
  • Article   5 Regulatory Transparency 7
  • Article   6 Dispute Settlement 7
  • Article   7 Committee on Financial Services 7
  • Article   8 Consultations 7
  • Chapter   9 Investment 7
  • Section   A Investment 7
  • Article   9 Definitions 7
  • Article   9.2 Scope 7
  • Article   9.3 National Treatment 7
  • Article   9.4 Most-favoured-nation Treatment (2) 7
  • Article   9.5 Non-conforming Measures (4) 7
  • Article   9.6 Denial of Benefits 7
  • Article   9.7 Committee on Investment 7
  • Article   9.8 General exceptions 8
  • Article   9.9 Future work program 8
  • Section   B Investor-state dispute settlement 8
  • Article   9 Definitions 8
  • Article   9.11 Consultations 8
  • Article   9.12 Submission of a claim to arbitration 8
  • Article   9.13 Consent of each party to arbitration 8
  • Article   9.14 Conditions and limitations on consent of each party 8
  • Article   9.15 Constitution of the tribunal 8
  • Article   9.16 Conduct of the arbitration 8
  • Article   9.17 Transparency of arbitral proceedings 8
  • Article   9.18 Governing law 8
  • Article   9.19 Interpretation of annexes 9
  • Article   9.20 Expert reports 9
  • Article   9.21 Consolidation 9
  • Article   9.22 Awards 9
  • Article   9.23 Appellate review 9
  • Article   9.24 Annexes and footnotes 9
  • Article   9.25 Service of documents 9
  • ANNEX 9-A  Code of conduct 9
  • ANNEX 9-B  Service of documents on a party under section b 9
  • Chapter   10 Movement of natural persons 9
  • Article   10.1 Scope 9
  • Article   10.2 Definitions 9
  • Article   10.3 Expeditious application procedures 9
  • Article   10.4 Grant of temporary entry 9
  • Article   10.5 Transparency 9
  • Article   10.6 Committee on movement of natural persons 9
  • Article   10.7 Dispute settlement 9
  • Article   10.8 Relation to other chapters 9
  • ANNEX 10-A  Specific commitments on the movement of natural persons 10
  • Section   A Australia's specific commitments 10
  • Section   B China's specific commitments 10
  • Chapter   11 Intellectual property 10
  • Article   11.1 Purpose and principles 10
  • Article   11.2 Definitions 10
  • Article   11.3 Obligations are minimum obligations 10
  • Article   11.4 International agreements 10
  • Article   11.5 National treatment 10
  • Article   11.6 Transparency 10
  • Article   11.7 Intellectual property and public health 10
  • Article   11.8 Exhaustion 10
  • Article   11.9 Procedures on acquisition and maintenance 10
  • Article   11.10 Amendments, corrections and observations on patent applications 10
  • Article   11.11 Month publication 10
  • Article   11.12 Types of signs as trade marks 10
  • Article   11.13 Certification and collective trade marks 10
  • Article   11.14 Well-known trade marks 10
  • Article   11.15 Geographical indications 10
  • Article   11.16 Plant breeders' rights 10
  • Article   11.17 Genetic resources, traditional knowledge and folklore 10
  • Article   11.18 Protection of undisclosed information (2) 10
  • Article   11.19 Collective management of copyright 10
  • Article   11.20 Service provider liability 10
  • Article   11.21 Enforcement 10
  • Article   11.22 Border measures 10
  • Article   11.23 Cooperation — general 10
  • Article   11.24 Consultative mechanism: committee on intellectual property 10
  • Chapter   12 Electronic commerce 10
  • Article   12.1 Purpose and objective 10
  • Article   12.2 Definitions 10
  • Article   12.3 Customs duties 10
  • Article   12.4 Transparency 11
  • Article   12.5 Domestic regulatory frameworks 11
  • Article   12.6 Electronic authentication and digital certificates 11
  • Article   12.7 Online consumer protection 11
  • Article   12.8 Online data protection 11
  • Article   12.9 Paperless trading 11
  • Article   12.10 Cooperation on electronic commerce 11
  • Article   12.11 Dispute settlement provisions 11
  • Chapter   13 Transparency 11
  • Article   13.1 Definitions 11
  • Article   13.2 Publication 11
  • Article   13.3 Notification and provision of information 11
  • Article   13.4 Administrative proceedings 11
  • Article   13.5 Review and appeal 11
  • Chapter   14 Institutional provisions 11
  • Article   14.1 Functions of the fta joint commission 11
  • Article   14 Rules of procedure of the fta joint commission 11
  • Article   14 Contact point 11
  • Chapter   15 Dispute settlement 11
  • Article   15.1 Cooperation 11
  • Article   15.2 Scope of application 11
  • Article   15.3 Contact points 11
  • Article   15.4 Choice of forum 11
  • Article   15.5 Consultations 11
  • Article   15.6 Good offices, mediation and conciliation 11
  • Article   15.7 Establishment and composition of an arbitral tribunal 11
  • Article   15.8 Functions of arbitral tribunals 11
  • Article   15.9 Rules of interpretation 11
  • Article   15.10 Rules of procedure of an arbitral tribunal 12
  • Article   15.11 Suspension or termination of proceedings 12
  • Article   15 Report of the arbitral tribunal 12
  • Article   15.13 Implementation of the final report 12
  • Article   15.14 Reasonable period of time 12
  • Article   15.15 Compliance review 12
  • Article   15.16 Compensation and suspension of concessions and obligations 12
  • Article   15.17 Post suspension review 12
  • ANNEX 15-A  Code of conduct 12
  • ANNEX 15-B  Model rules of procedure for the arbitral tribunal 12
  • Attachment to Annex 15 B  Model rules of procedure for the arbitral tribunal  12
  • Chapter   16 General provisions and exceptions 12
  • Article   16.1 Disclosure and confidentiality of information 12
  • Article   16.2 General exceptions 12
  • Article   16.3 Security exceptions 12
  • Article   16.4 Taxation 12
  • Article   16.5 Review of agreement 13
  • Article   16.6 Measures to safeguard the balance-of-payments 13
  • Article   16.7 Competition cooperation 13
  • Article   16.8 Government procurement 13
  • Chapter   17 Final provisions 13
  • Article   17.1 Annexes 13
  • Article   17.2 Entry into force 13
  • Article   17.3 Amendments 13
  • Article   17.4 Termination 13
  • Article   17.5 Authentic texts 13
  • ANNEX III  13
  • Part   1 Schedule of non-conforming measures 13
  • Schedule of australia 13
  • Section   A 13
  • 1 13
  • 2 13
  • 3 13
  • 4 14
  • 5 14
  • 6 14
  • 7 14
  • 8 14
  • 9 14
  • 10 14
  • 11 14
  • 12 14
  • 13 14
  • 14 14
  • 15 14
  • 16 14
  • 17 14
  • 18 15
  • 19 15
  • 20 15
  • 21 15
  • 22 15
  • 23 15
  • 24 15
  • 25 15
  • 26 15
  • 27 15
  • 28 15
  • 29 15
  • 30 15
  • 31 16
  • 32 16
  • 33 16
  • 34 16
  • 35 16
  • Section   B 16
  • 1 16
  • 2 16
  • 3 16
  • 4 16
  • 5 16
  • 6 16
  • 7 16
  • 8 17
  • 9 17
  • 10 17
  • 11 17
  • 12 17
  • 13 17
  • 14 17
  • 15 17
  • 16 17
  • 17 17
  • 18 17
  • 19 17
  • 20 17
  • 21 18
  • Part   2 Schedule of specific commitments on services  18
  • Schedule of the people's republic of china  18
  • ATTACHMENT 1  Reference paper scope 18
  • ATTACHMENT 2  Distribution services  18
  • ATTACHMENT 3  Insurance: definition of "master policy"  18
  • Memorandum of understanding between the government of australia and the government of the people's republic of china on an investment facilitation arrangement 18