Existing Measures:
14.
Sector: Education Services
Obligations Concerned: National Treatment Most-Favoured-Nation Treatment (Article 9.5 and Article 14.4) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8) Prohibition of Performance Requirements {Article 14.9)
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:
15.
Sector: Gambling and Betting
Obligations Concerned: Market Access (Article 9.3) National Treatment Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8) Prohibition of Performance Requirements (Article 14.9)
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) Betting (ACTTAB Limited) Act 1964 (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) Racing Act 1976 (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)
16.
Sector: Maritime Transport
Obligations Concerned: Market Access (Article 9.3) National Treatment Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8) Prohibition of Performance Requirements (Article 14.9)
Description: Australia reserves the right to adopt or maintain any measure with respect to maritime cabotage services and offshore transport services. (15)
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)
17.
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:
18.
Sector: Transport Services
Obligations Concerned: Market Access (Article 9.3) National Treatment Senior Management and Boards of Directors (Article 14.8)
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)
19.
Sector: All Sectors
Obligations Concerned: Most-Favoured-Nation Treatment(Article 9.5 and Article 14.4)
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. (16)
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:
Section 3.
20.
Sector: Financial Services
Obligations Concerned: National Treatment
Description: Australia reserves the right to adopt or maintain any measure' (17) 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:
21.
Sector: Financial Services
Obligations Concerned: Market Access (Article 9.3) National Treatment Most-Favoured-Nation Treatment (Article 9.5 and Article 14.4) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8) Banking and other Financial Services (excluding Insurance and Insurance-— related Services):
Description: Except as provided in paragraphs 2 and 3 Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraph (n) (i) of Article 9.2 (Trade in Services - Definitions) ("cross-border supply mode") for banking and other financial services.
Australia shall permit, under terms and conditions that accord national treatment, a services supplier of Japan to undertake the cross-border provision and transfer of financial information and financial data processing as referred to in paragraph (0) of Annex 9 (Financial Services) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in paragraph (p) of Annex 9 (Financial Services).
In relation to the following services Australia shall ensure a services supplier of Japan, 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:
(i) 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.
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 ona 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.
Existing Measures:
22.
Sector: Financial Services
Obligations Concerned: Market Access (Article 9.3) National Treatment Most-Favoured-Nation Treatment (Article 9.5 and Article 14.4) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8)
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 (n) (i) of Article 9.2 (Trade in Services - Definitions) ("cross-border supply mode") and in subparagraph (n) (ii) of Article 9.2 (Trade in Services - Definitions) ("consumption abroad mode") in each case for insurance and insurance related services.
Australia shall ensure a services supplier of Japan, under terms and conditions that accord national treatment may provide via cross-border supply mode or consumption abroad 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 (d) of Annex 9 (Financial Services); and
(c) insurance intermediation, such as brokerage and agency as referred to in paragraph (c) of Annex 9 (Financial Services) in relation to the services referred to in subparagraphs (a) and (b).
Existing Measures:
23.
Sector: Financial Services
Obligations Concerned: Prohibition of Performance Requirements (Article 14.9)
Description: Australia reserves the right to adopt or maintain any measure with respect to financial services.
Existing Measures:
24.
Sector: Financial Services
Obligations Concerned: Market Access (Article 9.3) National Treatment Most-Favoured-Nation Treatment (Article 9.5 and Article 14.4) Local Presence (Article 9.6)
Description: Australia reserves the right to adopt or maintain any measure regarding solicitation in its Area.
Existing Measures:
Part 2. Schedule of Japan
Section 1. Notes for Section 2
1. Section 2 of the Schedule of Japan sets out, in accordance with Articles 9.7 (Trade in Services - Non- Conforming Measures) and 14.10 (Investment - Non-Conforming Measures and Exceptions), the reservations taken by Japan with respect to specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 9.3 (Trade in Services - Market Access);
(b) Article 9.4 (Trade in Services - National Treatment) or 14.3 (Investment - National Treatment) ;
(c) Article 9.5 (Trade in Services - Most-Favoured-— Nation Treatment) or 14.4 (Investment - Most- Favoured-Nation Treatment);
(d) Article 9.6 (Trade in Services - Local Presence);
(e) Article 14.8 (Investment - Senior Management and Boards of Directors); or
(f) Article 14.9 (Investment - Prohibition of Performance Requirements).
2. Each reservation sets out the following elements:
(a) "Sector" refers to the general sector in which the reservation is taken;
(b) "Sub-Sector" refers to the specific sector in which the reservation is taken;
(c) "Industry Classification" refers, where applicable, and only for transparency purposes, to the activity covered by the reservation according to domestic or international industry classification codes;
(d) "Type of Reservation" specifies the obligations referred to in paragraph 1 for which the reservation is taken;
(e) "Description" sets out, the scope of the sector, sub-sector or activities covered by the reservation; and
(f) "Existing Measures" identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
3. In the interpretation of a reservation, all elements of the reservation shall be considered. The "Description" element shall prevail over all other elements.
4. With respect to financial services:
(a) for prudential reasons within the context of Article 11.4 (Financial Services - Domestic Regulation), Japan shall not be prevented from taking measures such as non-discriminatory limitations on juridical forms of a commercial presence. For the same reasons, Japan shall not be prevented from applying non-discriminatory limitations concerning admission to the market of new financial services which shall be consistent with regulatory framework aimed at achieving such prudential objectives. In this context, securities firms are allowed to deal in securities defined in the relevant laws of Japan, and banks are not allowed to deal in those securities unless allowed in accordance with those laws.
(b) services supplied in the Area of Australia to the service consumer in Japan without any active marketing from the service supplier are considered as services supplied under subparagraph (n) (ii) of Article 9.2 (Trade in Services - Definitions).
5. With respect to air transport services, measures affecting traffic rights or measures affecting services directly related to the exercise of traffic rights are not listed in this Schedule, as these are excluded from the scope of Chapter 9 (Trade in Services) pursuant to subparagraph 2(a) of Article 9.1 (Trade in Services - Scope) .
6. Laws and regulations with regard to spectrum availability affecting obligations under Article 9.3 (Trade in Services - Market Access) are not included in the Schedule, taking into account the Attachment 6 of Guidelines for the Scheduling of Specific Commitments (WTO Document S$/L/92, dated 28 March 2001).
7. For the purposes of this Part:
(a) the term "JSIC" means Japan Standard Industrial Classification set out by the Ministry of Internal Affairs and Communications, and revised on 6 November 2007; and
(b) the term "CPC" means the Provisional Central Product Classification (Statistical paper Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
Section 2.
1.
Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and 14.3) Senior Management and Boards of Directors (Article 14.8)
Description: Trade in Services and Investment
When transferring or disposing of its equity interests in, or the assets of, a state enterprise or a governmental entity, Japan reserves the right to:
(a) prohibit or impose limitations on the ownership of such interests or assets by investors of Australia or their investments;
(b) impose limitations on the ability of investors of Australia or their investments as owners of such interests or assets to control any resulting enterprise; or
(c) adopt or maintain any measure relating to the nationality of executives, managers or members of the board of directors of any resulting enterprise.
Existing Measures:
2.
Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: Market Access (Article 9.3) National Treatment (Articles 9.4 and 14.3) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8)
Description: Trade in Services and Investment
1. Japan reserves the right to adopt or maintain any measure relating to investments in or the supply of telegraph services, postal services, betting and gambling services, manufacture of tobacco products, manufacture of Bank of Japan notes and minting and sale of coinage in Japan, which are restricted to designated enterprises or governmental entities.
2. In the event where the supply of telegraph services, postal services, betting and gambling services, manufacture of tobacco products, manufacture of Bank of Japan notes, and minting and sale of coinage in Japan, which are restricted to designated enterprises or governmental entities, are liberalised to those other than the designated enterprises or governmental entities, or in the event where such designated enterprises or governmental entities no longer operate on a non-commercial basis, Japan reserves the right to adopt or maintain any measure relating to those activities.
Existing Measures: Telecommunications Business Law (Law No. 86 of 1984) Supplementary Provisions, Article 5 Postal Law (Law No. 165 of 1947), Article 2 Horse Racing Law (Law No. 158 of 1948), Article 1 Law relating to Motorboat Racing (Law No. 242 of 1951), Article 2 Bicycle Racing Law (Law No. 209 of 1948), Article 1 Auto Racing Law (Law No. 208 of 1950), Article 3 Lottery Law (Law No. 144 of 1948), Article 4 The Law relating to Unit of Currency and Issue of Coin (Law No. 42 of 1987), Article 10
3.
Sector: All Sectors
Sub-Sector:
Industry Classification:
Type of Reservation: Most-Favoured-Nation Treatment (Articles 9.5 and 14.4)
Description: Trade in Services and Investment
1. Japan reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement in force on, or signed prior to, the date of entry into force of this Agreement.
Note: This reservation does not include the differential treatment accorded as a result of subsequent reviews, amendments, or liberalisation under the framework of any such agreement, to the extent that the differential treatment is newly accorded as a result of such subsequent reviews, amendments, or liberalisation.
2. Notwithstanding the Note to paragraph 1, Japan reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Existing Measures:
4.
Sector: All Sectors (Unrecognised or Technically Unfeasible Services)
Sub-Sector: