A person is not eligible to be appointed as a public officer of an incorporated association unless the person is resident in Tasmania.
Victoria
A person applying for the incorporation of an association must be an Australian resident.
The first secretary and secretary of an incorporated association must be Australian residents and the first secretary of an association applying for incorporation must be an Australian resident.
The first secretary of an amalgamated association must be an Australian resident.
4.
Sector: All Sectors
Obligations Concerned: Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8)
Level of Government: Regional
Source of Measure: Cooperatives Act 2002 (ACT) Co-operatives (Adoption of National Law) Act 2012 (NSW) Co-operatives Act (NT) Cooperatives Act 1997 (Qld) Co-operatives Act 1997 (SA) Cooperatives Act 1999 (Tas) Co-operatives National Law Application Act 2013 (Vic) Co-operatives Act 2009 (WA)
Description: All Australian States and Territories
Except for South Australia, a cooperative must have a registered office in each state or territory in which it operates. In South Australia, registers must be kept at an office in South Australia.
The secretary of a cooperative must be a person ordinarily resident in Australia.
Excluding those states and territories which have implemented the Cooperatives National Law, a foreign cooperative must appoint a person who will act as agent of the cooperative in each state or territory in which it operates.
Excluding those states and territories which have implemented the Co-operatives National Law, a foreign cooperative must appoint a person resident in each state or territory in which it operates as a person on whom all notices and legal process may be served on behalf of the cooperative.
At least two of the directors of a cooperative must be Australian residents.
5.
Sector: All Sectors
Obligations Concerned: Local Presence (Article 9.6)
Level of Government: Regional
Source of Measure: Partnership Act 1963 (ACT) Partnership Act 1892 (NSW) Partnership Act 1997 (NT) Partnership Act 1891 (Qld) Partnership Act 1891 (SA) Partnership Act 1891 (Tas) Partnership Act 1958 (Vic)
Description: Australian Capital Territory, New South Wales, Northern Territory, Queensland, South Australia, Tasmania and Victoria
A limited partnership or an incorporated limited partnership established in a State or Territory must have an office, principal office or registered office in that State or Territory.
6.
Sector: Security Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure: Security Industry Act 1997 (NSW)
Description: New South Wales
A person must be an Australian citizen or an Australian permanent resident to obtain a licence to carry on a security activity in New South Wales.
7.
Sector: All Sectors
Obligations Concerned: Local Presence (Article 9.6)
Level of Government: Regional
Source of Measure: Consumer Affairs and Fair Trading Act (NT) Consumer Affairs and Fair Trading (Trading Stamps) Regulations (NT)
Description: Northern Territory
A promoter of a third party trading scheme (10) must maintain an office in Australia.
8.
Sector: Professional Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure: Legal Practitioners Act 1981 (SA)
Description: South Australia
A company that is a subsidiary of a foreign law firm is not permitted to obtain a practising certificate and is not permitted to share profits with any other company or firm.
Foreign natural persons practising foreign law may only join a local law firm as a consultant and may not enter into partnership with or employ local lawyers in South Australia.
(A person is not taken to be practising the profession of the law if he or she is only providing legal advice or services relating to the law of a place outside Australia.)
9.
Sector: Professional Services
Obligations Concerned: Local Presence (Article 9.6)
Level of Government: Central
Source of Measure: Patents Act 1990 (Cth) Patent Regulations 1991 (Cth)
Description: In order to register to practise in Australia, patent attorneys must be ordinarily resident in Australia (11).
10.
Sector: Professional Services
Obligations Concerned: Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8)
Level of Government: Regional
Source of Measure: Trustee Companies Act 1947 (ACT) Trustee Companies Act 1964 (NSW) Companies (Trustees and Personal Representatives) Act 1981 (NT) Trustee Companies Act 1968 (Qld) Trustee Companies Act 1988 (SA) Trustee Companies Act 1953 (Tas) Trustee Companies Act 1984 (Vic) Trustee Companies Act 1987 (WA)
Description: Northern Territory
A body corporate may not obtain a grant of probate or act as an executor of a will, or trustee of an estate of a deceased person unless it is a "licensed trustee company" as defined in section 601RAA of the Corporations Act 2001 (Cth), or a body corporate authorised by a law of the Northern Territory to obtain a grant of probate and so act.
Western Australia
A company can only act as a trustee company in Western Australia if it is a "licensed trustee company" as defined in section 601RAA of the Corporations Act 2001 (Cth).
All other Australian States and Territories
A body corporate may not obtain a grant of probate or act as an executor of a will and any codicil unless it is a "licensed trustee company" within the meaning of Chapter 5D of the Corporations Act 2001 (Cth).
11.
Sector: Professional Services
Obligations Concerned: Local Presence (Article 9.6)
Level of Government: Central and Regional
Source of Measure: Corporations Act 2001 (Cth) Co-operative Housing and Starr-Bowkett Societies Act 1998 (NSW) Legal Practitioners Act 1981 (SA) Legal Practitioners Regulations (SA) Estate Agents Act 1980 (Vic)
Description: Commonwealth
A person who is not ordinarily resident in Australia may be refused registration as a company auditor or liquidator. At least one partner in a firm providing auditing services must be a registered company auditor who is ordinarily resident in Australia.
New South Wales
A person must be ordinarily resident in New South Wales in order to be an auditor of specified kinds of societies and associations.
South Australia
Persons who provide auditing services for legal practitioners' trust accounts must be public accountants engaged as a principal in practice in South Australia
Victoria
A firm of auditors cannot audit an estate agent's accounts unless at least one member of the firm of auditors is an Australian resident.
12.
Sector: Professional Services
Obligations Concerned: Local Presence (Article 9.6)
Level of Government: Regional
Source of Measure: Architects Act (NT)
Description: Northern Territory
To qualify for registration as an architectural partnership or company, the partnership/company must have a place of business or be carrying on business within the Northern Territory.
13.
Sector: Professional Services
Obligations Concerned: National Treatment Most-Favoured-Nation Treatment (Article 9.5)
Level of Government: Central
Source of Measure: Migration Act 1958 (Cth)
Description: To practise as a migration agent in Australia, a person must be an Australian citizen or permanent resident or a citizen of New Zealand with a special category visa.
14.
Sector: Professional Services
Obligations Concerned: Local Presence (Article 9.6)
Level of Government: Central
Source of Measure: Customs Act 1901 (Cth)
Description: To act as a customs broker in Australia, service suppliers must provide the service in and from Australia.
15.
Sector: Research and Development Services
Obligations Concerned: National Treatment
Level of Government: Regional
Source of Measure: Biodiscovery Act 2004 (Qld)
Description: Queensland
Benefit sharing agreements require sublicences for use of samples or derivates to conduct biodiscovery research and commercialisation to be offered first to Queensland-based entities, then to Australian-based entities, and then to overseas-based entities. Any entity with a benefit sharing agreement must obtain consent before granting a sublicence to an overseas-based entity
16.
Sector: Real Estate and Distribution Services
Obligations Concerned: National Treatment Local Presence (Article 9.6)
Level of Government: Regional
Source of Measure: Community Land Management Act 1989 (NSW)
Strata Schemes Management Act 1996 (NSW)
Property, Stock and Business Agents Act 2002 (NSW)
Agents Licensing Act (NT)
Agents Act 2003 (ACT)
Property Agents and Motor Dealers Act 2000 (Qld)
Estate Agents Act 1980 (Vic) Conveyancers Act 2006 (Vic)
Real Estate and Business Agents Act 1978 (WA)
Real Estate and Business Agents (General) Regulations 1979 (WA) 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 (12) 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.
17.
Sector: Fishing and Pearling
Obligations Concerned: Market Access (Article 9.3) National Treatment Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.8)
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 (13) seeking to undertake fishing activity 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 (14).
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).