Settlement Agents Act 1981 (WA)
Settlement Agents Regulations 1982 (WA)
Description: 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 NSW, licensees must have a registered office in New South Wales.
Northern Territory
A licensed agent (13) must maintain an office in Australia at or from which the conduct of business under the licence is to occur.
Australian Capital Territory
An estate agent must have their principal place of business in the Australian Capital Territory.
Queensland
In order to operate as a real estate agent, auctioneer, motor dealer or commercial agent, a person must have a business address in Queensland. This must be a physical address and not a post box.
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.
A licensed settlement agent must establish and maintain a registered office in the State.
18.
Sector: Fishing and Pearling
Obligations Concerned: Market Access National Treatment
Level of Government: Central and Regional
Source of Measure:
Fisheries Management Act 1991 (Cth)
Foreign Fishing Licences Levy Act 1991 (Cth) Fisheries Management Act 1994 (NSW)
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 (14) 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 to undertake such fishing activity, they may be subject to a levy (15).
New South Wales
A foreign person or a foreign-owned body is not permitted to hold shares in a share management fishery.
Victoria
A fishery access licence or aquaculture licence can only be issued to a natural person who is an Australian resident, or to a single corporation that has a registered office in Australia.
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 and/or controlled (at least 51 per cent of the issued share capital, partnership interest or trust property must be owned by Australians; the chairman, majority of the board of directors and all the company officers must be Australians and must be nominated by, and represent, Australian interests).
19.
Sector: Mining and Related Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure: 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.
20.
Sector: Other Business Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure: Prostitution Regulation Act (NT)
Description:
Northern Territory
To be eligible for the grant of an operator's licence or a manager's licence in respect of an escort agency business, an individual must be resident in the Northern Territory.
For a body corporate to be granted an operator's licence, its officers must also meet the residency requirement.
21.
Sector: Distribution Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure:
Rice Marketing Act 1983 (NSW) Marketing of Potatoes Act 1946 (WA)
Description:
New South Wales and Western Australia
New South Wales retains marketing board arrangements for rice and Western Australia retains marketing board arrangements for potatoes.
22.
Sector: Distribution Services
Obligations National Treatment Concerned:
Level of Government: Regional
Source of Measure: Firearms Act (NT) Description: Northern Territory
Grant of a firearms licence (16) requires residency in the Northern Territory. Licences and permits expire three months after the holder ceases to reside permanently in the Northern Territory.
23.
Sector: Distribution Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure: Liquor Act (NT) and policy and practice Kava Management Act (NT) Tobacco Control Act (NT) and policy and practice
Description:
Northern Territory
The Northem Territory Licensing Commission may require a liquor licensee where the licensee is an individual, or at least one of the licensees where the licence is held by a partnership, or the licence nominee where the licence is held by a corporation, to ordinarily reside within the general locality of the premises to which the licence relates.
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.
An applicant for a retail licence for kava must ordinarily reside or carry on business in the relevant licence area in the Northern Territory.
24.
Sector: Distribution Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure: 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.
25.
Sector: Health Services
Obligations Concerned: National Treatment
Level of Government: Central
Source of Measure: 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.
26.
Sector: Tourism and Travel-related Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure: Travel Agents Act 1988 (Qld)
Description:
Queensland
In order to obtain a licence to operate as a travel agent, a person must have a business address in Queensland.
27.
Sector: Recreational, Cultural and Sporting Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure:
Nature Conservation Act 1992 (Qld)
Nature Conservation (Wildlife Management) Regulation 2006 (Qld)
Nature Conservation (Administration) Regulation 2006 (Qld)
Nature Conservation (Protected Plants) Conservation Plan 2000 (Qld)
Description:
Queensland
The Chief Executive of the Queensland Department of Environment and Heritage Protection may grant a wildlife authority, (18) other than a wildlife movement permit, to a corporation only if the corporation has an office in the State.
The chief executive may approve a person to be an authorised cultivator or propagator for protected plants only if:
(a) in the case of a natural person, the person is a resident of the State; or
(b) if the person is a corporation, the corporation has premises in the State at which the plants are to be cultivated or propagated.
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.
28.
Sector: Transport Services
Obligations National Treatment Concerned:
Level of Government: Central Source of Measure: 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 (19) 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.
29.
Sector: Transport Services
Obligations Concerned: Market Access National Treatment
Level of Government: Central
Source of Measure: 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.
30.
Sector: Transport Services