Sector: All Sectors

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

Description: Australia reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services (25) 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, health, child care, public utilities, public transport and public housing.

Existing Measures:

9.

Sector: Communication Services and Recreational, Cultural and Sporting Services

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

Description: Australia reserves the right to adopt or maintain any measure with respect to:

- the creative arts, (26) cultural heritage (27) and other cultural industries, including audiovisual services, entertainment services and libraries, archives, museums and other cultural services;

- broadcasting and audiovisual services, including measures with respect to planning, licensing and spectrum management, and including:

(a) services offered in Australia;

(b) 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)

Broadcasting Services (Australian Content) Standard 2005

Children's Television Standards 2009

Television Program Standard 23 — Australian Content in Advertising

Commercial Radio Codes of Practice and Guidelines Community Broadcasting Codes of Practice International Co-Production Program

10.

Sector: Distribution Services

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

Existing Measures:

11.

Sector: Education Services

Obligations Concerned: Market Access National Treatment

Description: Australia reserves the right to adopt or maintain any measure with respect to primary education.

Existing Measures:

12.

Sector: Education Services

Obligations Concerned: National Treatment Most-Favoured-Nation Treatment

Description: Australia reserves the right to adopt or maintain any measure with respect to:

(a) 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;

(b) non-discriminatory accreditation and quality assurance procedures for education and training institutions and their programs, including the standards that must be met;

(c) government funding, subsidies or grants, such as land grants, preferential tax treatment and other public benefits, provided to education and training institutions; or

(d) 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.

Existing Measures:

13.

Sector: Gambling and Betting

Obligations Concerned: Market Access National Treatment

Description: Australia reserves the right to adopt or maintain any measure with respect to gambling and betting.

Existing Measures:

Legislation and ministerial statements including:

Interactive Gambling Act 2001(Cth)

Gambling and Racing Control Act 1999 (ACT) Unlawful Gambling Act 2009 (ACT)

Race & Sports Bookmaking Act 2001 (ACT) Totalisator Act 2014 (ACT)

Racing Act 1999 (ACT)

Casino Control Act 2006 (ACT)

Gaming Machine Act 2004 (ACT)

Interactive Gambling Act 1998 (ACT) Lotteries Act 1964 (ACT)

Pool Betting Act 1964 (ACT)

Casino Control Act 1992 (NSW)

Gaming Machines Act 2001 (NSW)

Public Lotteries Act 1996 (NSW)

Lotteries and Art Unions Act 1901 (NSW) Racing Administration Act 1998 (NSW) Greyhound Racing Act 2009 (NSW)

Harness Racing Act 2009 (NSW) Thoroughbred Racing Act 1996 (NSW) Totalizator Act 1987 (NSW)

Unlawful Gambling Act 1998 (NSW) Gambling Control Act (NT)

Gaming Machine Act (NT)

Racing and Betting Act (NT)

Totaliser Licensing and Regulation Act (NT) Soccer Football Pools Act (NT)

TAB Queensland Limited Privatisation Act 1999 (Qld) Casino Control Act 1982 (Qld)

Jupiters Casino Agreement Act 1983 (Qld) Brisbane Casino Agreement Act 1992 (Qld) Breakwater Island Casino Agreement Act 1984 (Qld) Lotteries Act 1997 (Qld)

Cairns Casino Agreement Act 1993 (Qld) Charitable and Non-Profit Gaming Act 1999 (Qld) Keno Act 1996 (Qld)

Wagering Act 1998 (Qld)

Gaming Machine Act 1991 (Qld)

Racing Act 2002 (Qld)

Casino Act 1997 (SA)

Lottery and Gaming Act 1936 (SA)

Independent Gambling Authority Act 2001 (SA) Gaming Machines Act 1992 (SA)

State Lotteries Act 1966 (SA)

Racing (Proprietary Business Licensing) Act 2000 (SA) Authorised Betting Operations Act 2000 (SA)

TAB (Disposal) Act 2000 (SA)

Gaming Control Act 1993 (Tas)

TT-Line Gaming Act 1993 (Tas)

Gambling Regulation Act 2003 (Vic)

Racing Act 1958 (Vic)

Casino Control Act 1991 (Vic)

Casino (Management Agreement) Act 1993 (Vic) Casino (Burswood Island) Agreement Act 1985 (WA) Racing and Wagering Western Australia Act 2003 (WA) Gaming and Wagering Commission Act 1987 (WA) Betting Control Act 1954 (WA)

Casino Control Act 1984 (WA)

Lotteries Commission Act 1990 (WA)

14.

Sector: Maritime Transport

Obligations Concerned: Market Access National Treatment

Description: Australia reserves the right to adopt or maintain any measure with respect to maritime cabotage services and offshore transport services. (28)

Existing Measures:

Customs Act 1901 (Cth)

Workplace Relations Act 1996 (Cth)

Seafarers' Compensation and Rehabilitation Act 1992 (Cth)

Occupational Health and Safety (Maritime Industry) Act 1993 (Cth)

Shipping Registration Act 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 Incentive) Act 2012 (Cth)

15.

Sector: Maritime Transport

Obligations Concerned: National Treatment

Description: Australia reserves the right to adopt or maintain any measure with respect to the registration of vessels in Australia.

Existing Measures: Shipping Registration Act 1981 (Cth)

16.

Sector: Transport Services

Obligations Concerned: Market Access National Treatment

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)

17.

Sector: All Sectors

Obligations Concerned: Most-Favoured-Nation Treatment

Description: Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to the service suppliers or investors of non-parties under any bilateral or multilateral international agreement in force on, or signed prior to, the date of entry into force of this Agreement. (29)

Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to the service suppliers or investors of non-parties under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) aviation; (b) fisheries; or (c) maritime matters, including salvage.

Existing Measures:

18.

Sector: Financial Services

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, including guarantees related to the privatisation of such entities, which may conduct financial operations.

Existing Measures:

19.

Sector: Financial Services

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

Description: Banking and other Financial Services (excluding Insurance and Insurance-related Services):

Except as provided in paragraphs 2 and 3 of this entry Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraph (x)(i) of Article 8.2 (Definitions) of Chapter 8 (Trade in Services) for banking and other financial services.

Australia shall permit, under terms and conditions that accord national treatment, a services supplier of China to undertake the cross-border provision and transfer of financial information and financial data processing as referred to in paragraph 3(a)(xv) of Article 2 (Definitions) of Annex 8-B (Financial Services) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in paragraph 3(a)(xvi) of Article 2 (Definitions) of Annex 8-B (Financial Services).

In relation to the following services Australia shall ensure a services supplier of China, 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:

(a) securities related transactions on a wholesale basis between and among financial institutions and other entities;

(b) the following services to a collective investment scheme located in Australia: 6D) investment advice; and (ii) portfolio management services, excluding: (A) trustee services; and (B) custodial services and execution services that are not related to managing a collective investment scheme.

Existing Measures:

Note:

For the purposes of this entry, the term "collective investment scheme" means a managed investment scheme as defined under section 9 of the Corporations Act 2001 (Cth), other than a managed investment scheme operated in contravention of subsection 601ED (5) of the Corporations Act 2001 (Cth), or an entity that:

(i) carries on a business of investment in securities, interests in land, or other investments; and

(ii) in the course of carrying on that business, invests funds subscribed, whether directly or indirectly, after an offer or invitation to the public (within the meaning of section 82 of the Corporations Act 2001 (Cth)) made on terms that the funds subscribed would be invested.

20.

Sector: Financial Services

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

Description: Insurance and Insurance-related Services:

Except as provided in paragraph 2 Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraph (x)(i) of Article 8.2 (Definitions) of Chapter 8 (Trade in Services) for insurance and insurance related services.

Australia shall ensure a services supplier of China, under terms and conditions that accord national treatment may provide via cross-border supply mode and whether as a principal, through an intermediary or as an intermediary, the following services:

(a) insurance of risks relating to:

(i) 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

(ii) goods in international transit;

(b)reinsurance and retrocession and the services auxiliary to insurance as referred to in paragraph 3(a)(iv) of Article 2 (Definitions) of Annex 8-B (Financial Services); and