Obligations Concerned: Market Access National Treatment
Level of Government: Central
Source of Measure: 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.
31.
Sector: Transport Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure:
Commercial Passenger (Road Transport) Act (NT) Road Transport (Public Passenger Services) Regulations 2002 (ACT)
Taxi Act 1994 (WA)
Transport Coordination Act 1966 (WA)
Description:
Northern Territory
A taxi licence will be cancelled where the holder, being an individual, has not been ordinarily resident in the Northem 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.
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.
Western Australia
To hold a Government Lease taxi plate, the plate holder must be an Australian citizen or a permanent resident.
32.
Sector: Financial Services
Obligations Concerned: Market Access National Treatment
Level of Government: Central
Source of Measure: Banking Act 1959 (Cth) Banking Amendment Regulations 2000 (No. 1) (Cth) Payment Systems (Regulation) Act 1998 (Cth)
Description: To undertake banking business in Australia an entity must be a body corporate and authorised by the Australian Prudential Regulation Authority (APRA) as an authorised deposit-taking institution (ADD.
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 foreign ADIT is not permitted to accept initial deposits (and other funds) from individuals and non-corporate institutions of less than 250,000 Australian Dollars.
A foreign deposit-taking institution that operates a representative office in Australia 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.
Foreign banks located overseas may only raise funds in Australia through the issue of debt securities provided those securities are offered/traded in parcels of not less than 500,000 Australian Dollars and the securities and any associated information memoranda clearly state the issuing bank is not authorised under the Banking Act 1959 (Cth) in Australia.
33.
Sector: Financial Services
Obligations Concerned: National Treatment
Level of Government: Central
Source of Measure: Commonwealth Banks Act 1959 (Cth)
Description: Liabilities of the Commonwealth Bank, previously Commonwealth Government-owned, are covered by transitional guarantee arrangements.
34.
Sector: Financial Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure:
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 (General) Regulations 1977 (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 the State.
A natural person seeking to carry on business as a finance broker in Western Australia must be ordinarily resident in Western Australia. A finance broker must have a registered office in Western Australia while carrying on business as a broker.
35.
Sector: Financial Services
Obligations concerned: National Treatment
Level of Government: Regional
Source of Measure: 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.
Section B.
Introductory Notes
1. Section B of the Schedule of Australia sets out, pursuant to Article 8.9 (Schedule of Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 9.5 (Non-Conforming Measures) of Chapter 9 (Investment), 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 8.11 (Market Access) of Chapter 8 (Trade in Services);
(b) Article 8.10 (National Treatment) of Chapter 8 (Trade in Services) or Article 9.3 (National Treatment) of Chapter 9 (Investment); or
(c) Article 8.12 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services) or Article 9.4 (Most-Favoured-Nation Treatment) of Chapter 9 (Investment).
Note 1: Commitments on financial services are undertaken subject to the limitations and conditions set forth in Chapter 8 (Trade in Services), Annex 8-B (Financial Services) and Chapter 9 (Investment), these Introductory Notes and the Schedule below.
Note 2: To clarify Australia's commitment with respect to Article 8.11 (Market Access) of Chapter 8 (Trade in Services), enterprises supplying financial services and constituted under the laws of Australia are subject to non-discriminatory limitations on juridical form. (20)
Note 3: Without prejudice to other means of prudential regulation of cross-border trade in financial services, Australia reserves the right to require the non-discriminatory licensing or registration of cross-border financial service suppliers of China and of financial instruments in accordance with Article 3 (Domestic Regulation) of Annex 8-B (Financial Services).
Note 4: Australia reserves the right to adopt or maintain non-discriminatory limitations concerning admission to the market of new financial services where such measures are required to achieve prudential objectives. Australia may determine the institutional and juridical form through which a new financial service may be supplied and may require authorisation for the supply of the service. Where authorisation to supply a new financial service is required, the authorisation may only be refused for prudential reasons.
2. Each Schedule entry sets out the following elements:
(a) "Sector" refers to the sector for which the entry is made;
(b) "Obligations Concerned" specifies the obligation(s) referred to in paragraph 1 that, pursuant to Article 8.9 (Schedule of Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 9.5 (Non-Conforming Measures) of Chapter 9 (Investment), do not apply to the sectors, sub-sectors or activities listed in the entry;
(c) "Description" sets out the scope of the sector, sub-sector or activities covered by the entry; and
(d) "Existing Measures" identifies for transparency purposes, where relevant and practical, existing measures that apply to the sector, sub-sector or activities covered by the entry.
Note 1: In accordance with Article 8.9 (–Schedule of Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 9.5 (Non-Conforming Measures) of Chapter 9 (Investment), 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.
Note 2: A reference to Market Access in the "Obligations Concerned" element of an entry specifies Australia's obligations under Article 8.11 (Market Access) of Chapter 8 (Trade in Services).
Note 3: A reference to National Treatment in the "Obligations Concerned" element of an entry specifies Australia's obligations under Article 8.10 (National Treatment) of Chapter 8 (Trade in Services) and Article 9.3 (National Treatment) of Chapter 9 (Investment).
Note 4: A reference to Most-Favoured-Nation in the "Obligations Concerned" element of an entry specifies Australia's obligations under Article 8.12 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services) and Article 9.4 (Most-Favoured-Nation Treatment) of Chapter 9 (Investment).
1.
Sector: All Sectors
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, or other movement of natural persons, including entry or temporary stay, subject to the provisions of Chapter 10 (Movement of Natural Persons).
Existing Measures:
2.
Sector: All Sectors
Obligations Concerned: Market Access National Treatment
Description: Australia reserves the right to adopt or maintain any measure according preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation in relation to acquisition, establishment or operation of any commercial or industrial undertaking in the service sector.
Australia reserves the right to adopt or maintain any measure with respect to investment 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 policy, which includes the Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulations 1989 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.
Native Title Act 1993 (Cth)
Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)
Aboriginal Land Rights Act 1983 (NSW)
Native Title (New South Wales) Act 1994 (NSW)
Aboriginal Land Act 1991 (Qld)
Torres Strait Islander Land Act 1991 (Qld)
Native Title (South Australia) Act 1994 (SA)
Maralinga Tjarutja Land Rights Act 1984 (SA)
Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA)
Anangu Pitjantjatjara Yankunytjatjara Land Rights Regulations 2010 (SA)
The statutory bodies that administer the Anangu Pitjantjatjara Yankunytjatjara lands and the Maralinga
Tjarutja lands
Mining Act 1971 (SA)
Opal Mining Act 1995 (SA)
Aboriginal Lands Act 1995 (Tas)
Traditional Owner Settlement Act 2010 (Vic)
3.
Sector: All Sectors
Obligations Concerned: Market Access
Description: 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:
4.
Sector: All Sectors
Obligations Concerned: Market Access National Treatment
Description: Australia reserves the right to adopt or maintain any measure with respect to proposals by ‘foreign persons (21) and foreign government investors to invest in Australian urban land (22) (including interests that arise via leases, financing and profit sharing arrangements, and the acquisition of interests in urban land corporations and trusts), other than developed non-residential commercial real estate.
Existing Measures: Australia's foreign investment policy, which includes the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA); Foreign Acquisitions and Takeovers Regulations 1989 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.
Economic Development Act 2012 (Qld)
Sustainable Planning Act 2009 (Qld)
Integrated Resort Development Act 1997 (Qld)
Mixed Use Development Act 1992 (Qld)
Sanctuary Cove Resort Act 1995 (Qld)
Townsville City Council (Douglas Land Development) Act 1993 (Qld)
5.
Sector: All Sectors
Obligations Concerned: Market Access National Treatment Most-Favoured-Nation Treatment
Description: Australia reserves the right to adopt or maintain any measure that it considers necessary for the protection of its essential security interests with respect to proposals by foreign persons (23) and foreign government investors to invest in Australia.
Existing Measures: Australia's foreign investment policy, which includes the Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulations 1989 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.
6.
Sector: All Sectors
Obligations Concerned: Market Access National Treatment Most-Favoured-Nation Treatment
Description: Australia reserves the right to adopt or maintain any measure to allow the screening of proposals, by foreign persons (24), to invest 15 million Australian Dollars or more in Australian agricultural land and 53 million Australian Dollars or more in Australian agribusinesses.
Existing Measures: Australia's foreign investment policy, which includes the Foreign Acquisitions and Takeovers Act 1975 (Cth); Foreign Acquisitions and Takeovers Regulations 1989 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth) and Ministerial Statements.
7.
Sector: All Sectors
Obligations Concerned: Market Access National Treatment
Description: Australia reserves the right to adopt or maintain any measure with respect to:
(a) the devolution to the private sector of services provided in the exercise of governmental authority at the time that the Agreement comes into force; and
(b) the privatisation of government owned entities or assets.
Existing Measures: