1. This Schedule sets out Australia's commitments in accordance with Chapter 9 (Temporary Movement of Natural Persons). This Schedule and Chapter 9 (Temporary Movement of Natural Persons) comprise the entirety of Australia's commitments in respect of the temporary movement or temporary entry and temporary stay of natural persons.
2. The Schedules of India shall not be used to interpret Australia's commitments or obligations under Chapter 9 (Temporary Movement of Natural Persons) or other Chapters of this Agreement.
| Description of Category | Conditions and Limitations (including length of stay) |
| A. Business Visitors | |
| Definition: Business visitors being natural persons seeking to travel to Australia for business purposes whose remuneration and financial support for the duration of the visit must be derived from sources outside Australia, and who must not engage in making direct sales to the general public or in supplying the goods or services themselves. Business visitors comprise: | |
| (a) Service sellers, as business visitors being natural persons not based in Australia who are sales representatives of a_ service supplier, and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service supplier. | (a) Temporary entry is for an initial stay of 6 months and up to a maximum of 12 months. |
| (b) Business visitors, being natural persons seeking to travel to Australia for the purpose of participating in business negotiations or meetings. | (b) Temporary entry is for periods of stay up to a maximum of 3 months. |
| (c) Business visitors, being natural persons who are seeking to travel to Australia for business purposes, including investment purposes. | (c) Temporary entry is for periods of stay up to a maximum of 3 months. |
| (d) Business visitors, being natural persons who are seeking entry for the purposes of negotiating the sale of goods where such negotiations do not involve direct sale to the general public. | (d) Temporary entry is for periods of stay up to a maximum of 3 months. |
| B. Installers and Servicers | |
| Definition: A natural person who is an installer or servicer of machinery or equipment, where such installation or servicing by the supplying enterprise is a condition of purchase under contract of the said machinery or equipment. An installer or servicer must abide by Australian workplace standards and conditions and must not perform services which are not related to the service activity which is the subject of the contract. | Temporary entry is for periods of stay up to a maximum of 3 months. |
| C. Intra-Corporate Transferees | |
| Definition: A natural person employed by an enterprise of India established and lawfully and actively operating in Australia, who is transferred to fill a position in the parent, branch, subsidiary or affiliate of that enterprise in Australia, and who is: (a) an executive or a senior manager, who is a natural person responsible for the entire or a substantial part of the operations of the enterprise in Australia, receiving general supervision or direction principally from higher- level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise; or (b) a specialist, who is a natural person with advanced trade, technical or professional skills and experience who is assessed as having the necessary qualifications, or alternative credentials accepted as meeting Australiaâs domestic standards for the relevant occupation, and who must have beenemployed by the employer for not less than two years immediately preceding the date of the application for temporary entry. | Temporary entry and temporary stay of such natural persons is subject to employer sponsorship. Full details of employer sponsorship requirements, including eligible occupations for sponsorship, are available on the website of the Australian government department responsible for immigration matters (as at the date of entry into force of this Agreement, the address of that website was www.homeaffairs.gov.au). Sponsorship requirements, including the eligible occupations for specialists, may change from time to time. (1) Temporary entry for executives and senior managers is for all services sectors and for a period of stay of up to 4 years, with the possibility of further stay. Temporary entry for specialists is for a period of stay up to 4 years, with the possibility of further stay. Labour market testing may be required, to the extent that this is not inconsistent with Australia's commitments under the WTO. |
| Description of Category | Conditions and Limitations (including length of stay) |
| D. Independent Executives | |
| Definition: Natural persons whose work responsibilities match the description set out below and who intend, or are responsible, for the establishment in Australia of a new branch orsubsidiary of an enterprise which has its head of operations in the territory of India and which has no other representative, branch or subsidiary in Australia. Independent [Executives will be responsible for the entire or a substantial part of the enterprise's operations in Australia, receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the enterprise, including directing the enterprise or a department or subdivision of it; supervising and controlling the work of othersupervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or subdivision of the enterprise. | Temporary entry and temporary stay of such natural persons is subject to employer sponsorship. Employer sponsorship requirements, including eligible occupations, may change from time to time. Full details of employer sponsorship requirements, including eligible occupations, are available on the website of the Australian government department responsible for immigration matters (as at the date of entry into force of this Agreement, the address of that website was www.homeaffairs.gov.au). Temporary entry is for periods of stay up to a maximum of 4 years. |
| E. Contractual Service Suppliers | |
| Definition: Natural persons with trade, technical or professional skills and experience who are assessed as having the necessary qualifications, skills and work experience accepted as meeting the domestic standard in Australia for their nominated occupation, and who are: (a) employees of an enterprise of India that has concluded a contract for the supply of a service within Australia and that does not have a commercial presence within Australia; or (b) engaged by an enterprise lawfully andactively operating in Australia in order to supply a service under a contract within Australia. | Temporary entry and temporary stay of such natural persons is subject to employer sponsorship. Full details of employer sponsorship requirements, including eligible occupations, are available on the website of the Australian government department responsible for immigration matters (as at the date of entry into force of this Agreement, the address of that website was www.homeaffairs.gov.au). Sponsorship requirements, including eligible occupations, may change from time to time. Temporary entry and temporary stay shall be granted for up to a combined total of 1,800 per year of qualified, professional Indian traditional chefs and yoga instructors entering as Contractual Service Suppliers of India. Labour market testing may be required, to the extent that this is not inconsistent with Australia's commitments under the WTO. Temporary entry is for periods of stay up to 4 years, with the possibility of further stay. Australia also makes separate commitments on the temporary entry and temporary stay of certain Contractual Service Suppliers in Appendix | to this Schedule, subject to the conditions and limitations set out therein. |
| F. Spouses and Dependants | |
| For a natural person of India who has been granted temporary entry and temporary stay or an extension of temporary stay under the commitments set out in sections (C), (D) and (E) (except for the commitments set out in Appendix |) of this Annex for a period of 12 months or longer and who has a spouse or dependant, Australia shall, upon application, grant the accompanying spouse or dependant the right of entry and temporary stay, movement and work for an equal period to that of the natural person. |
Appendix I. AUSTRALIA'S COMMITMENTS WITH RESPECT TO CERTAIN CONTRACTUAL SERVICE SUPPLIERS
1. In this Appendix, Australia makes the following commitments with respect to temporary entry and temporary stay of natural persons of India entering Australia as Contractual Service Suppliers in the sectors or subsectors, or parts thereof, set out in Table A and Table B, and subject to the conditions and limitations set out in paragraphs 2 through 10 below.
2. Australia's commitments in this Appendix shall only apply to natural persons of India seeking to enter Australia with trade, technical or professional skills and experience who are assessed as having the necessary qualifications, skills and work experience accepted as meeting the domestic standard in Australia for their specified occupation, and who are:
(a) employees of an enterprise of India that has concluded a contract for the supply of a service within Australia and that does not have a commercial presence within Australia; or
(b) engaged by an enterprise lawfully and actively operating in Australia in order to supply a service under a contract within Australia.
3. Natural persons under subparagraph 2(a) must meet the following conditions:
(a) the natural person must be engaged in the supply of a service on a temporary basis as anemployee of an enterprise in India which has obtained a contract for the supply of a service of up to 12 months' duration;
(b) the natural person must have been employed by the enterprise supplying the services for not less than 12 months immediately preceding the date of submission of an application for entry into Australia; and
(c) the natural person must possess at least two years professional experience in the sector of activity which is the subject of the service contract, at the date of submission of an application for entry into Australia.
4. Natural persons under subparagraph 2(b) must meet the following conditions:
(a) the natural person must be engaged in the supply of a service on a temporary basis by an enterprise in Australia under a contract for the supply of a service of up to 12 months duration; and
(b) the natural person must possess at least six years professional experience in the sector of activity which is the subject of the contract referred to in subparagraph 4(a), at the date of submission of an application for entry into Australia.
5. Natural persons under subparagraphs 2(a) and 2(b) must also meet the following conditions:
(a) the natural person must possess:
(i) a university degree or a qualification demonstrating knowledge of an equivalent level relevant to the sector of activity which is the subject of the service contract; and
(ii) where applicable, the professional qualifications, licensing or other requirements to supply the service, where this is required under the law of Australia where the service is supplied;
(b) the natural person must not receive remuneration for the provision of services in the territory of Australia other than the remuneration paid by the enterprise employing or engaging them;
(c) the natural person must only undertake service activity in Australia which is the subject of the service contract: (2) and
(d) the number of persons covered by the service contract shall not be larger than necessary to fulfil the contract, and the enterprise may be requested to provide documentation to evidence this, subject to the laws and regulations of Australia.
6. The permissible length of stay for natural persons of India seeking entry pursuant to the commitments in this Appendix is for a cumulative period of not more than 6 months in any 12-month period or for the duration of the service contract, whichever is less.
7. Subject to the conditions and limitations above, Australia makes commitments in the sectors or subsectors, or parts thereof, set out in:
(a) Table A for Contractual Service Suppliers who meet the definition set out in subparagraph 2(a), and
(b) Table B for Contractual Service Suppliers who meet the definition set out in subparagraph 2(b). (3)
8. For greater certainty, Australia does not undertake any commitment in this Appendix for natural persons of India in sectors or subsectors which are not listed in Table A or Table B, nor for positions with skill or experience requirements below those set out in this Appendix.
9. For greater certainty and further to paragraph 2 of Article 9.3 (Grant of Temporary Entry - Temporary Movement of Natural Persons), the grant of temporary entry of a natural person of India in sectors or subsectors set out in Table A or Table B is subject to that natural person meeting any applicable licensing or other requirements relevant to the position.
10. Australia's commitments on spouses and dependants do not apply with respect to commitments made in this Appendix.
Table A
Sector or Subsector
Engineering Services
Integrated Engineering Services
Management Consulting Services (excluding all services relating to legal services)
Services related to Management Consulting (excluding all services relating to legal services)
Architectural Services
Urban Planning and Landscape Architectural Services
Insurance and Insurance Related Services, only in respect of advisory and consulting services
Computer and Related Services
Taxation Advisory Services (4)
Accounting and Bookkeeping Services (5)
Other Financial Services, only in respect of advisory and consulting services
Advertising Services
Site Investigation Work
Mining (advisory and consulting services only)
Research and Development Services
Telecommunication Services, only in respect of advisory and consulting services
Environmental Services
Related Scientific and Technical Consulting Services
Technical testing and analysis services
Travel agency and tour operator services
Transport (advisory and consulting services only)
Maintenance and repair of vessels, rail, road, and aircraft equipment
Translation and interpretation services, excluding official or certified activities
Maintenance and repair of personal and household goods
Services incidental to agriculture and animal husbandry
Manufacturing (advisory and consulting services only)
Table B
Sector or Subsector
Accounting and Book-keeping services (6)
Engineering Services
Integrated Engineering Services
Management Consulting Services (excluding all services relating to legal services)
Services related to Management Consulting (excluding all services relating to legal services)
Architectural Services
Urban Planning and Landscape Architectural Services
Computer and Related Services
Mining (advisory and consulting services only)
Research and Development Services
Environmental Services
Travel agency and tour operator services
Services incidental to agriculture and animal husbandry
Manufacturing (advisory and consulting services only)
Chapter 10. TRANSPARENCY
Article 10.1. Definitions
For the purposes of this Chapter, administrative ruling of general application means an adrinistrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and establish a norm of conduct and that is relevant to the implementation of this Agreement, but does not include:
(a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good, or service of the other Party in a specific case; or
(b) aruling that adjudicates with respect to a particular act or practice.
Article 10.2. Publication
Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement are promptly published, and made available in the public domain including on an official website in such a manner as to enable interested persons of the other Party to become acquainted with them.
Article 10.3. Administrative Proceedings
With a view to administering its laws, regulations, procedures, and administrative rulings of general application with respect to any matter covered by this Agreement in a consistent, impartial, objective, and reasonable manner, each Party shall ensure in its administrative proceedings applying such measures to a particular person, good, or service of another Party in specific cases that:
(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided with reasonable notice, including a description of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in question;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and public interest permit; and
(c) it follows its procedures in accordance with its domestic law.
Article 10.4. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals, or procedures for the purpose of the prompt review and, where warranted correction of final administrative actions regarding matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceedings are provided with the right to:
(a) reasonable opportunity to support or defend their respective positions; and
(b) adecision based on the evidence and submissions of record.
3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, that such decision shall be implemented by, and shall govern the practice of, the offices or authorities with respect to the administrative action at issue.
Article 10.5. Notification and Provision of Information
1. To the extent possible, each Party shall notify the other Party of any actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.
2. Any such notification, documentation or other communication between the Parties shall be done in the English language.
3. On request of the other Party, a Party shall within a reasonable period of time provide information and respond to questions pertaining to any actual measure, whether or not that other Party has been previously notified of that measure.
4. Any notification, request, or information under this Article shall be conveyed to the other Party through its relevant contact point pursuant to Article 12.6 (Communications - Administrative and Institutional Provisions).
5. Any notification or information provided under this Article shall be without prejudice as to whether the measure in question is consistent with this Agreement.
Chapter 11. GENERAL PROVISIONS AND EXCEPTIONS
Article 11.1. General Exceptions
1. For the purposes of Chapter 2 (Trade in Goods), Chapter 4 (Rules of Origin), Chapter 5 (Customs Procedures and Trade Facilitation), Chapter 6 (Sanitary and Phytosanitary Measures) and Chapter 7 (Technical Barriers to Trade) of this Agreement, Article XX of GATT 1994, including its interpretive notes, is incorporated into and made part of this Agreement, mutatis mutandis.
2. For the purposes of Chapter 8 (Trade in Services) and Chapter 9 (Temporary Movement of Natural Persons), Article XIV of GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis.
Article 11.2. Security Exceptions
1. Nothing In this Agreement shall be construed to:
(a) require a Party to furnish any information the disclosure of which it considers contrary to its essential security interests; or
(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials;
(ii) relating to the supply of services as carried on, directly or indirectly, for the purpose of supplying or provisioning a military establishment;
(iii) taken in time of national emergency or war or other emergency in international relations;
(iv) relating to fissionable and fusionable materials or the materials from which they are derived;
(v) relating to the protection of critical public infrastructure, whether publicly or privately owned, including communications, power and water infrastructure; or
(c) prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Article 11.3. Direct Taxation Measures
1. Nothing in this Agreement shall apply to any direct taxation measure (1).
2. Nothing in this Agreement shall affect the rights and obligations of either Party under any direct tax convention (2). In the event of any inconsistency between this Agreement and any direct tax convention, the direct tax convention shall prevail over this Agreement.
Article 11.4. Measures to Safeguard the Balance of Payments
1. Where a Party is in serious balance of payments and external financial difficulties or under threat thereof, it may:
(a) in the case of trade in goods, in accordance with GATT 1994 and the WTO Understanding on the Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import measures;
(b) in the case of trade in services, adopt or maintain restrictions on trade in services on which it has undertaken specific commitments, including on payments or transfers for transactions related to such commitments. It is recognised that particular pressures on the balance of payments of a Party in the process of economic development may necessitate the use of restrictions on trade in services to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development.
2. Restrictions adopted or maintained under paragraph 1(b) shall:
(a) be consistent with the IMF Articles of Agreement;
(b) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;
(c) not exceed those necessary to deal with the circumstances described in paragraph 1;
(d) be temporary and be phased out progressively as the situation specified in paragraph 1 improves; and
(e) be applied on a non-discriminatory basis such that the other Party is treated no less favourably than any country that is not a party to this Agreement.
3. In determining the incidence of such restrictions, the Parties may give priority to economic sectors which are more essential to their economic development. However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular sector.
4. Any restrictions adopted or maintained by a Party under paragraph 1, or any changes therein, shall be notified promptly to the other Party from the date such measures are taken.
5. To the extent that it does not duplicate the process under the WTO or the International Monetary Fund, the Party adopting or maintaining any restrictions under paragraph 1 shall promptly commence consultations with the other Party from the date of notification in order to review the measures adopted or maintained by it.
Article 11.5. Disclosure of Information
1. Nothing in this Agreement shall be construed to require either Party to furnish or allow access to information the disclosure of which it considers:
(a) would be contrary to the public interest;
(b) is contrary to any of its legislation including but not limited to those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions;
(c) would impede law enforcement; or
(d) would prejudice legitimate commercial interests of particular enterprises, public or private.
Article 11.6. Confidentiality
Each Party shall, subject to its laws and regulations, maintain the confidentiality of information provided in confidence by the other Party pursuant to this Agreement. Nothing in this Article shall prevent a Party from using or disclosing the confidential information to the extent that it may be necessary in the context of judicial or quasi-judicial proceedings or where a Party is authorised or required to disclose or use the information under its laws and regulations, in which case the Party that has received the information shall notify the other Party of the release or disclosure where possible.
Article 11.7. Economic Cooperation
The Parties acknowledge the importance of cooperation in implementing this Agreement and enhancing its benefits. The Parties recognise that cooperation activities undertaken pursuant to this Agreement shall seek to complement and build upon existing agreements or arrangements between the Parties.
Article 11.8. Financial Provisions
Any cooperative activities envisaged or undertaken under this Agreement shall be subject to the availability of resources and to the laws, regulations and policies of the Parties. Costs of cooperative activities shall be borne in such manner as may be mutually determined from time to time between the Parties.