18.

Sector: Mining and Related Services

Obligations Concerned: National Treatment Prohibition of Performance Requirements (Article 14.9)

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.

19.

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.

20.

Sector: Other Business Services

Obligations Concerned: Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8)

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: Communication

Obligations Concerned: Services Market Access (Article 9.3) National Treatment Senior Management and Boards of Directors (Article 14.8)

Level of Government: Central

Source of Measure: Teistra 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.

22.

Sector: Distribution Services

Obligations Concerned: Local Presence (Article 9.6)

Level of Government: Regional

Source of Measure: Firearms Act (NT)

Description: Northern Territory

Grant of a firearms licence (15) 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: Local Presence (Article 9.6)

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 Northern 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: Performance Requirements (Article 14.9)

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 Senior Management and Boards of Directors (Article 14.8)

Level of Government: Central

Source of Measure: Commonwealth Serum Laboratories Act 1961 (Cth)

Description: The votes attached to significant foreign shareholdings (16) 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: Local Presence (Article 9.6)

Level of Government: Regional

Source of Measure: Travel Agents Act 1988 (Qld) Travel Agents Act 1985 (WA) Travel Agents Regulations 1986 (WA)

Description: Queensland

In order to obtain a licence to operate as a travel agent, a person must have a business address in Queensland.

Western Australia

To carry on business in Western Australia as a travel agent, a person must have a principal place of business in the state.

27.

Sector: Recreational, Cultural and Sporting Services

Obligations Concerned: Local Presence (Article 9.6)

Level of Government: Regional

Source of Measure: Nature Conservation Act 1992 (Qld) Nature Conservation (Wildlife Management) Regulation 2006 (Qld) Nature Conservation (Administration) Reguiation 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,'' 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.

This term is defined in Schedule 7 of the Nature Conservation (Administration) Regulation 2006 (Qld).

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, ifa corporation, established in Australia.

28.

Sector: Transport Services

Type of Reservation: National Treatment Local Presence (Article 9.6)

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 (18) 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 (Article 9.3) National Treatment Senior Management and Boards of Directors (Article 14.8)

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

Obligations Concerned: Market Access (Article 9.3) National Treatment Senior Management and Boards of Directors (Article 14.8)

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 aggregate, with individual foreign holdings limited to 25 per cent and aggregate holdings by foreign airlines to 35 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 Local Presence (Article 9.6)

Level of Government: Regional

Source of Measure: Commercial Passenger (Road Transport) Act (NT) Road Transport (Public Passenger Services) Regulations 2002 (ACT)

Description: Northern Territory

A taxi licence will be cancelled where the holder, being an individual, has not been ordinarily resident in the Northern Territory for more than 6 months or, being a body corporate, has ceased for more than 6 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.

Section 3.

32.

Sector: Financial Services

Obligations Concerned: National Treatment Market Access (Article 9.3)

Level of Government: Central

Source of Measure: Banking Act 1959 (Cth) Banking Amendment Regulations 2000 (No. 1) 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 (ADI).

Foreign deposit-taking institution (including foreign banks) may only operate a banking business in Australia through locally incorporated deposittaking subsidiaries or authorised branches (foreign ADIs), or through both structures.

A foreign ADI is not permitted to accept initial deposits (and other funds) from individuals and noncorporate 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 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: Local Presence (Article 9.6)

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.