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.
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).
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.
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)