(g) take such other action as the Parties may mutually determine.
2. The FTA Joint Commission shall develop procedures governing the extent to which representatives from the private sector may participate in its deliberations.
Article 1703. Meetings of the Free Trade Agreement Joint Commission
1. The FTA Joint Commission shall meet within one year of the date of entry into force of this Agreement and then each year, or as otherwise mutually determined by the Parties.
2. The sessions of the FTA Joint Commission shall be held alternately in the territory of each Party.
Article 1704. General Reviews
1. The Parties shall undertake a general review at ministerial level of the operation of this Agreement within five years of its entry into force and at least every five years thereafter.
2. The conduct of general reviews shall normally coincide with regular meetings of the FTA Joint Commission.
Chapter 18. Consultations and Dispute Settlement
Article 1801. Scope
1. This Chapter shall apply to the avoidance and settlement of disputes between the Parties concerning the interpretation, implementation or application of this Agreement except for Chapter 6, Chapter 12 and Chapter 15. In relation to Chapter 11, this Chapter shall only apply to Article 1102.
2. Subject to Paragraph 4, nothing in this Chapter shall affect the rights of the Parties to have recourse to a dispute settlement procedure available under any other international agreement to which they are parties.
3. Ifa Party decides to have recourse to a dispute settlement procedure under another international agreement, it shall notify the other Party in writing of its intention to bring a dispute to a particular forum before doing so.
4. Once a dispute settlement procedure has been initiated between the Parties with respect to a particular dispute under this Chapter or under any other international agreement to which the Parties are parties, that procedure shall be used to the exclusion of any other procedure for that particular dispute. This paragraph does not apply if substantially separate and distinct rights or obligations under different international agreements are in dispute.
5. Paragraph 4 shall not apply where the Parties expressly agree to have recourse to dispute settlement procedures under this Chapter and another international agreement
6. For the purposes of this Article, a dispute settlement procedure under the WTO Agreement shall be regarded as initiated by a Party's request for a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
Article 1802. Consultations
1. A Party shall accord adequate opportunity for consultations requested by theother Party with respect to any matter affecting the interpretation, implementation or application of this Agreement.
2. If a request for consultations is made, the Party to which the request is made shall reply to the request within seven days after the date of its receipt and shall enter into consultations within 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution.
3. The Parties shall make every effort to reach a mutually satisfactory resolution through consultations of any matter raised in accordance with this Article.
Article 1803. Good Offices, Conciliation and Mediation
1. The Parties may at any time agree to good offices, conciliation or mediation. They may begin at any time and be terminated at any time.
2. Good offices, conciliation or mediation may continue while procedures of an arbitral tribunal established in accordance with this Chapter are in progress.
Article 1804. Request to Establish an Arbitral Tribunal
1. If the consultations referred to in Article 1802 fail to settle a dispute within 60 days of the date after receipt of the request for consultations, the Party which made the request for consultations may make a written request to the other Party to establish an arbitral tribunal.
2. The request to establish an arbitral tribunal shall identify:
(a) the specific measures at issue;
(b) the legal basis of the complaint including the provisions of this Agreement alleged to have been breached and any other relevant provisions; and
(c) the factual basis for the complaint.
Article 1805. Establishment of an Arbitral Tribunal
1. An arbitral tribunal shall consist of three members. Each Party shall appoint a member within 30 days after the receipt of the request under Article 1804. The two members appointed shall, within 30 days after the appointment of the second of them, designate by common agreement the third member.
2. The Parties shall, within seven days after the date of the designation of the third member, approve or disapprove the appointment of that member, who shall, if approved, chair the tribunal.
3. If the third member has not been designated within 30 days after the date of the appointment of the second member, or if one or both of the Parties disapproves the appointment of the third member, the Parties shall consult each other in order to jointly appoint within a further period of 30 days the chair of the arbitral tribunal.
4. Anarbitral tribunal shall be regarded as established on the day on which the appointment of the third member of the tribunal has been approved or agreed by the Parties in accordance with this Article.
5. Ifa member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the member being replaced and the successor shall have all the powers and duties of the member being replaced.
6. A person appointed as a member of an arbitral tribunal:
(a) shall have expertise or experience in law, international trade, other matters covered by this Agreement or the settlement of disputes arising under international trade agreements;
(b) shall be chosen strictly on the basis of objectivity, reliability, sound judgement and independence; and
(c) shall be independent of, and not be affiliated with or take instructions from, either Party.
7. Aperson appointed as chair of an arbitral tribunal shall not be a national of, nor have his or her usual place of residence in the territory of, nor be employed by, either Party nor have dealt with the dispute in any capacity.
Article 1806. Functions of Arbitral Tribunals
1. An arbitral tribunal established under Article 1804:
(a) shall consult the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory settlement of the dispute;
(b) shall make its award in accordance with this Agreement and applicable rules of international law;
(c) shall set out, in its award, its findings of law and fact, together with its reasons; and
(d) may, in addition to its findings of law and fact, include in its award options for the Parties to consider in implementing the award.
2. The award ofan arbitral tribunal shall be final and binding on the Parties.
3. An arbitral tribunal shall attempt to make its decision, including its award, by consensus but may also make such decisions by majority vote.
Article 1807. Proceedings of Arbitral Tribunals
1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by an arbitral tribunal to appear before it.
2. The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing to the public statements of its own positions or its submissions, but a Party shall not disclose information submitted by the other Party to an arbitral tribunal which the latter Party has designated as confidential.
3. The Parties shall transmit to the tribunal written submissions in which they present the facts of their cases and their arguments and shall do so within the following time limits:
(a) forthe Party which requested the establishment of the arbitral tribunal, within 21 days after the date of the establishment of that tribunal; and
(b) for the other Party, within 21 days after the date of the transmission of the written submission of the Party which requested the establishment of the arbitral tribunal.
4. Atits first substantive meeting with the Parties, an arbitral tribunal shall ask the Party which requested the establishment of the tribunal to present its submission. At the same meeting, the arbitral tribunal shall ask the other Party to present its submission.
5. Formal rebuttals shall be made at the second substantive meeting of an arbitral tribunal. The Party which did not request the establishment of the tribunal shall have the right to present its submission first. Before the meeting, the Parties shall submit written rebuttals to the tribunal.
6. Anarbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting or in writing.
7. The Parties shall make available to an arbitral tribunal a written version of their oral statements.
8. The submissions, rebuttals and statements referred to in paragraphs 4 to 6 shall be made in the presence of the Parties. Each Party's written submissions, including any comments on the draft award made in accordance with Article 1809 (2), written versions of oral statements and responses to questions put by an arbitral tribunal, shall be made available to the other Party.
9. Anarbitral tribunal shall have no ex parte communications concerning a dispute it is considering.
10. Atthe request ofa Party, or on its own initiative, an arbitral tribunal may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties so agree and subject to such terms and conditions as the Parties may set. This paragraph does not apply to information and technical advice provided by any person or body as part of the submissions referred to in paragraphs 4 to 6.
11. An arbitral tribunal shall, in consultation with the Parties, regulate its own procedures governing the rights of Parties to be heard and its own deliberations where such procedures are not otherwise set out in this Chapter.
Article 1808. Suspension or Termination of Proceedings
1. Where the Parties agree, an arbitral tribunal may suspend its work at any time for a period not exceeding 12 months. If the work of an arbitral tribunal has been suspended for more than 12 months, the tribunal's authority for considering the dispute shall lapse unless the Parties agree otherwise.
2. The Parties may agree at any time to terminate the proceedings of an arbitral tribunal established under this Agreement by jointly notifying the chair of that arbitral tribunal.
3. Anarbitral tribunal may, at any stage of the proceedings prior to release of its final award, propose that the Parties seek to settle the dispute amicably.
Article 1809. Awards of Arbitral Tribunals
1. Unless the Parties otherwise agree, an arbitral tribunal shall base its award on the submissions and arguments of the Parties and on any information it has obtained in accordance with Article 1807 (10).
2. An arbitral tribunal shall prepare a draft award and accord adequate opportunity for the Parties to review this draft. The Parties may submit to the tribunal written comments on the draft award within 14 days after the date of its receipt. The tribunal shall consider any comments received from the Parties in finalising its award.
3. Anarbitral tribunal shall release to the Parties its final award on a dispute within 120 days after the date of its establishment. If the tribunal considers it cannot release its final award within 120 days, it shall inform the Parties in writing of the reasons for the delay, together with an estimate of the period within which it will issue its award.
4. The final award of an arbitral tribunal shall become a public document within 10 days of its release to the Parties.
Article 1810. Implementation
1. The Parties shall promptly comply with an award of an arbitral tribunal.
2. A Party shall notify the other Party in writing of any action it proposes to take to implement an award of an arbitral tribunal within 30 days after the date of the receipt of the final award by the Parties.
3. If a Party considers that prompt compliance with an award of an arbitral
tribunal is impracticable, or if a Party which requested the establishment of an arbitral tribunal considers that an action proposed or subsequently taken by the other Party does not implement the award of the tribunal, the Parties shall immediately enter into consultations with a view to developing a mutually acceptable resolution, such as compensation or any alternative arrangement and agreeing on a reasonable period to implement any such resolution. Compensation and any alternative arrangement are temporary measures, neither of which is preferred to full implementation of the original award.
Article 1811. Compensation and Suspension of Benefits
1. If:
(a) the Party which requested the establishment of an arbitral tribunal has not received any notice from the other Party under Article 1810 (2); or
(b) the Parties are unable to agree on a mutually acceptable resolution under Article 1810 (3) within 30 days of the commencement of consultations under Article 1810 (3); or
(c) the Parties have agreed on a mutually acceptable resolution under Article 1810 (3) and the Party which requested the establishment of the arbitral tribunal considers that the other Party has failed to observe the terms of such agreement,
the Party which requested the establishment of an arbitral tribunal may at any time thereafter provide written notice to the other Party that it intends to suspend the application of benefits of equivalent effect to the non-conformity found by the tribunal. The notice shall specify the level of benefits that the Party proposes to suspend. The Party which requested the establishment of an arbitral tribunal may begin suspending benefits 30 days after the date on which it provides notice to the other Party.
2. Inconsidering what benefits to suspend under this Article:
(a) the Party which requested the establishment of an arbitral tribunal shall first seek to suspend the application of benefits in the same sector or sectors as affected by the matter that the tribunal has found to be inconsistent with this Agreement;
(b) the Party which requested the establishment of an arbitral tribunal may suspend the application of benefits in other sectors if it considers that it is not practicable or effective to suspend the application of benefits in the same sector; and
(c) the Party which requested the establishment of the arbitral tribunal shall aim to ensure that the level of suspension of benefits is of equivalent effect to the non-conformity found by the tribunal.
Any suspension of benefits under this Article shall be temporary and shall only be applied until such time as the Party that must implement an arbitral tribunal's award has done so, or until a mutually satisfactory solution is reached.
3. If the Party complained against considers that:
(a) the level of benefits that the other Party has proposed to suspend under paragraph 2 is excessive; or
(b) it has eliminated the non-conformity found by the tribunal
it may, within 30 days after the other Party provides notice under Paragraph 1, request that the tribunal be reconvened to consider this matter. The Party
complained against shall deliver its request in writing to the other Party. The tribunal shall reconvene within 30 days after delivery of the request to the other Party and shall present its determination to the Parties within 90 days after it reconvenes. If the tribunal determines that the level of benefits proposed to be or actually suspended is excessive, it shall determine the level of benefits it considers to be of equivalent effect to the non-conformity found by the tribunal, adjusted to reflect any loss sustained by a Party as a result of excessive suspension.
4. The compliance tribunal's award shall be final and binding on the Parties.
Article 1812. Expenses
Each Party shall bear the costs of its appointed member and its own expenses. Thecosts of the chair of an arbitral tribunal and other expenses associated with the conduct of its proceedings shall be borne in equal parts by the Parties.
Chapter 19. Final Provisions
Article 1901. Headings
The headings of the Chapters and Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.
Article 1902. Annexes and Footnotes
The Annexes and Footnotes to this Agreement shall form an integral part of this Agreement.
Article 1903. Amendments
This Agreement may be amended by agreement in writing by the Parties, and such amendments shall enter into force on such date or dates as may be agreed between them.
Article 1904. Application
Each Party is fully responsible for the observance of all provisions in this Agreement and shall take such reasonable measures as may be available to it to ensure their observance by regional and local governments and authorities.
Article 1905. Association with the Agreement
This Agreement is open to accession or association, on terms to be agreed between the Parties, by any member of the WTO, or by any other State or separate customs territory.
Article 1906. Consultations on Inconsistencies with other Agreements
If either Party considers there is any inconsistency between this Agreement and any other agreement to which both Parties are parties, the Parties shall consult each other with a view to finding a mutually satisfactory solution.
Article 1907. Preferences Under other Agreements
1. Except for Article 908 (2), Article 917 (3) and Article 1605, nothing in this Agreement shall be regarded as obliging a Party to extend to the other Party the benefit of any treatment, preference or privilege arising from any existing or any future customs union, free trade area, free trade arrangement, common market, monetary union or similar international agreement or other similar forms of bilateral or regional cooperation to which either of the Parties is or may become party; or as preventing the adoption of an agreement designed to lead to the formation or extension of such a union, area or arrangement or market.
2. Where, by virtue of the Annex on Article II Exemptions to GATS, a Party is exempt from the obligations of Paragraph 1 of Article II of GATS in relation to an agreement or arrangement with a non-Party, nothing in this Agreement shall be regarded as obliging that Party to extend to the other Party the benefit of any treatment, preference or privilege arising from such agreement or arrangement. This Paragraph applies whether or not the treatment, preference or privilege under that agreement or arrangement would itself be subject to the obligations of Paragraph 1 of Article II of GATS except for the Annex on Article II Exemptions to GATS.
Article 1908. Termination of 1979 Trade Agreement
The Trade Agreement Between the Government of Australia and the Government of the Kingdom of Thailand, done at Bangkok on 5 October 1979, shall terminate on the day of entry into force of this Agreement.
Article 1909. 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.
Article 1910. Entry Into Force, Duration and Termination
1. This Agreement shall enter into force 30 days after the date on which the Parties have notified each other in writing that their respective internal procedures for the entry into force of this Agreement have been fulfilled.
2. This Agreement shall remain in force until one Party gives written notice of its intention to terminate it, in which case this Agreement shall terminate twelve months after the date of the notice of termination.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
DONE in duplicate at this day of , two-thousand and four, in the English language.
For Australia
Mr. Mark Vaile
Minister for Trade
For the Kingdom of Thailand
Mr. Watana Muangsook
Minister of Commerce
Annex 8. Commitments on services and investments
Schedule of commitments - australia
Market access and national treatment measures listed in the limitations column condition all sector- specific commitments.
| Sector or Sub-sector | Limitations |
| I. HORIZONTAL COMMITMENTS | |
| ALL THAI NATIONALS | TEMPORARY ENTRY. Thai nationals will be permitted to enter Australia and work without labour market testing under the following conditions: . business visitors will be permitted to enter and stay for up to three months . service sellers will be permitted to enter and to stay initially for six months, with a maximum stay of 12 months . intra-corporate transferees will be permitted to enter and stay initially for up to four years with a total period of up to 10 years . contractual service suppliers will be permitted to enter and stay for up to three years. Specialist Thai chefs entering as contractual service suppliers will be permitted to enter and stay for up to four years** . executives and managers of a business with its head of operations in Thailand seeking to establish a subsidiary in Australia will be permitted to enter and stay initially for up to four years . spouses and dependents of intra-corporate transferees will be permitted to enter, stay and work for the period of the intra-corporate transferees visa. To obtain entry into Australia under any of these categories, Thai nationals will have to fulfil the documentary and other requirements as notified by the Parties from time to time. Temporary entry of Thai nationals into Australia is otherwise unbound. Australia will support discussions between the Thai profession and relevant Australian professional bodies with a view to establishing a standard for recognition of Thai qualifications for traditional Thai massage therapists. The results of these discussions could be incorporated in the next round of negotiations on services and investment, scheduled to take place within three years after entry into force of the Agreement. ** A specialist Thai chef means an individual who has gained National Skills Standard qualifications for: (i) Thai Cooking Certificate 1 and who has five years of practical experience, (ii) Thai Cooking Certificate 2 and who has four years of practical experience; (ii) or Thai Cooking Certificate 3 and who has three years of practical experience. |
| ALL SECTORS INCLUDED IN THIS SCHEDULE | FOREIGN DIRECT INVESTMENT, INCLUDING COMMERCIAL PRESENCE Consistently with Australia's foreign investment policy, the following investment activities require prior approval from the Australian Government: . acquisitions by ‘foreign interests’ of ‘substantial interests’ in existing Australian businesses with total assets of $A 50 million or more; . proposals by ‘foreign interests’ to take over offshore companies whose Australian subsidiaries or assets are valued at $A 50 million or more, or account for more than 50 per cent of the target company’s global assets; . proposals by ‘foreign interests’ to establish new businesses in Australia involving a total investment of $A 10 million or more; . direct investments by foreign governments or their agencies, irrespective of size; . acquisitions by ‘foreign interests’ of interests in urban land (including interests that arise via leases, financing and profit sharing arrangements and the acquisitions of interests in urban land corporations and trusts) that involve the: - acquisition of developed non-residential commercial real estate, where the property is subject to heritage listing, valued at $A 5 million or more; - acquisition of developed non-residential commercial real estate, where the property is not subject to heritage listing, valued at $A 50 million or more; - acquisition of accommodation facilities irrespective of value; - acquisition of vacant urban real estate irrespective of value; - acquisition of residential real estate irrespective of value; or . proposals where any doubt exits as to whether they are notifiable. (Funding arrangements that include debt instruments having quasi-equity characteristics will be treated as direct foreign investment). A ‘foreign interest’ is defined as: . a natural person not ordinarily resident in Australia; . a corporation in which a natural person not ordinarily resident in Australia or a foreign corporation holds a controlling interest; . a corporation in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate controlling interest; . the trustee of a trust estate in which a natural person not ordinarily resident in Australia or a foreign corporation holds a substantial interest; or . the trustee of a trust estate in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate substantial interest. A ‘substantial interest’ occurs when a single foreigner (and any associates) has 15 per cent or more of the ownership of any corporation, business or trust. An ‘aggregate substantial interest’ occurs when several foreigners (and any associates) have, in aggregate, 40 per cent or more ownership of any corporation, business or trust. A ‘controlling interest’ will be as defined in section 9 of the Foreign Acquisitions and Takeovers Act. A ‘substantial interest in a trust estate’ will be as defined in section 9A of the Foreign Acquisitions and Takeovers Act. Proposals may be refused, or approved subject to the parties meeting certain conditions. Already established foreign-owned or controlled enterprises in Australia are also subject to the requirements of Australia’s foreign investment policy guidelines as set out above. |
| Resident directors At least two directors of a public company must be ordinarily resident in Australia. | |
| Media sector All proposals by ‘foreign interests’ for direct investment in the media sector irrespective of size are subject to prior approval under the Government's foreign investment policy. Notification requirements also apply to proposals involving the acquisition of portfolio shareholdings above certain thresholds. | |
| Newspapers Foreign investment in mass circulation national, metropolitan, suburban and provincial newspapers is restricted. Proposals by ‘foreign interests’ to acquire shareholdings above certain thresholds in an existing newspaper or the establishment of a new newspaper are subject to notification requirements and case-by-case examination. | |
| Banking Foreign investment in the banking sector needs to be consistent with the Banking Act 1959, the Financial Sector (Shareholdings) Act 1998 and banking policy, including prudential requirements. Any proposed foreign takeover or acquisition of an Australian bank will be considered on a case-by-case basis and judged on its merits. | |
| Broadcasting services Under Australia's foreign investment policy, proposals by a ‘foreign interest’ to acquire an interest in an existing broadcasting service or to establish a new broadcasting service are subject to notification requirements and case-by-case examination. While proposals by ‘foreign interests’ for investment in a broadcasting service (existing or new) are subject to examination under foreign investment policy, a number of criteria, as set out in the Broadcasting Service Act 1992 (BSA), must also be satisfied. Under the BSA, foreign investment in commercial television broadcasting services is restricted. A foreign person is prohibited from being in a position to exercise control of a commercial television licence. The BSA outlines when such control is deemed to exist and also restricts the number of directors of each commercial television licensee that may be foreign persons. Financial arrangements designed to avoid equity limits are treated as if they were directly covered. | |
| Australian domestic airlines Australian domestic airline are notifiable in accordance with the standard notification requirements set out in Australia's foreign investment policy. | |
| Australian international airlines Under Australia's foreign investment policy, proposals by 'foreign interests’ to acquire interests in Australian international airlines are notifiable and subject to case-by-case examination in accordance with the standard notification requirements set out in Australia's foreign investment policy. Under the Air Navigation Act 1920, total foreign ownership of an Australian international airline (other than Qantas) is restricted to a maximum of 49 per cent. Under the Qantas Sale Act 1992, total foreign ownership of Qantas is restricted to a maximum of 49 per cent in aggregate, with an individual holding limited to 25 per cent and aggregate ownership by foreign airlines limited to 35 per cent. | |
| Australian airports Foreign investment proposals for acquisitions of interests in Australian airports are subject to case-by-case examination in accordance with standard notification requirements in the Foreign Acquisitions and Takeovers Act and the separate ownership restrictions of the Airports Act 1996 that limit total foreign ownership in individual leased Federal airports to a maximum of 49 per cent. | |
| INDIGENOUS PERSONS AND ORGANISATIONS Australia reserves the right to adopt or maintain any measure according preferences to any indigenous person or organisation or providing for the more favourable treatment of any indigenous person or organisation in relation to the acquisition, establishment or operation of any commercial or industrial undertaking in the service sector. In addition, Australia reserves the right to adopt or maintain any measure with respect to investment that accords preferences to any indigenous person or organisation or provides for the more favourable treatment of any indigenous person or organisation. For the purpose of this exception, an indigenous person means a person of the Aboriginal race of Australia or a descendent of an indigenous inhabitant of the Torres Strait Islands. | |
| LOCAL GOVERNMENT MEASURES Australia reserves the right to adopt or maintain any measure administered at the local government level unless that measure is applied on a discriminatory basis with the intention of nullifying or impairing the benefits accruing to Thailand under the terms of the Agreement. ** Australia’s foreign investment policy comprises the Foreign Acquisitions and Takeovers Act 1975, the Foreign Acquisition and Takeovers Regulations and ministerial statements. Full details are available at www.firb.gov.au. | |
| ll. SECTOR-SPECIFIC COMMITMENTS | |
| Notes: Commitments in this schedule are subject to the general limitations contained in the "Horizontal Commitments" section of this schedule. * Denotes that a sector-specific commitment for cross-border supply is unbound due to lack of technical feasibility. ** Denotes that the service or services specified constitute(s) only a part of the total range of activities covered by the CPC Code. | |
| 1. BUSINESS SERVICES | |
| A. Professional Services | |
| a) Legal services. Advisory services in third-country law and international law. International commercial arbitration services. Other alternative dispute resolution services (861**) | 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 Western Australia and South Australia. Otherwise unbound except as home-country law, indicated in the horizontal section. |
| b) Accounting, auditing and book-keeping services (862) | Only natural persons may be registered as auditors and liquidators. At least one equity partner in a firm must be a permanent resident. Otherwise unbound except as indicated in the horizontal section. |
| c) Taxation services (863) | No limitations. |
| d) Architectural services (8671) | No limitations. |
| e) Engineering services (8672) | No limitations. |
| f) Integrated engineering services (8673) | No limitations. |
| g) Urban planning and landscape architectural services (8674) | No limitations. |
| B. Computer and related services (84), excluding measures relating to content covered by 844 and 849 (covers consultancy services related to the installation of computer hardware, software implementation services, data processing services and maintenance and repair of office machinery and equipment including computers.) | No limitations. |
| C. Research and development services | |
| a) R and D services on social sciences and humanities (852) | Permanent residency requirement for psychologists (Western Australia). |
| D. Real Estate Services | |
| a) Involving own or leased property (821) b) On a fee or contract basis (822) | Commercial presence required. |
| E. Rental/leasing services without operators | |
| Relating to: a) Ships (83103**) Excludes cabotage, intrastate and offshore trades b) Aircraft (83104) c) Other transport equipment (83101, 83102, 83105) d) Other machinery and equipment (83106-9) | No limitations. |
| F. Other business services | |
| a) Advertising services (87110, 87120**, 87190) Covers services by advertising agencies in creating and placing advertising in periodicals, newspapers, radio and television for clients; outdoor advertising; media representation i.e. sale of time and space for various media; distribution and delivery of advertising material or samples. Does not include production or broadcast/screening of advertisements for radio, television or cinema. | No limitations. |
| b) Market research and public opinion polling services (864) | No limitations. |
| c) Management consulting services (865) | No limitations. |
| d) Services related to management consulting (86601, 86609) Excludes arbitration and conciliation services | No limitations. |
| f) Services incidental to agriculture, hunting and forestry (8811**, 8812**, 8814**) Provision of advice and guidance relating to crop and livestock management on consultancy basis. Includes specialised consultancy services only, related to forestry activities, timber evaluation, forest management or planning. Does not include logging | No limitations. |
| g) Services incidental to fishing (882**) Consists of specialised consultancy services only, related to marine or freshwater fisheries, fish hatchery services. Does not include fishing. | No limitations. |
| h) Services incidental to mining and site preparation work for mining (883, 5115) | No limitations. |
| j) Services incidental to energy distribution (887**) Covers consultancy services related to the transmission and distribution on a fee or contract basis of electricity, gaseous fuels and steam and hot water to household, industrial, commercial and other users | No limitations. |
| k) Placement and supply services of personnel (872) | Unbound for cross-border supply. |
| l) Investigation and security (873) | No limitations. |
| m) Related scientific and technical consulting services (8675) | No limitations. |
| n) Building-cleaning services (874) | *No limitations. |
| o) Photographic services (875) | No limitations. |
| p) Convention services (87909**) Activities of establishments engaged in provision of planning, organising, managing and marketing services for conventions and similar events (including catering and beverage services) | No limitations. |
| q) Other: | |
| Telephone answering services (87903) | No limitations. |
| Duplicating services (87904) | No limitations. |
| Translation and interpretation services (87905) | No limitations. |
| Mailing list compilation and mailing services (87906) | No limitations. |
| Interior design (87907) Specialised consultancy services related to the post- construction design and fitting out of interior living and working spaces. Includes purchase of necessary goods. | No limitations. |
| Maintenance and repair services of transport machinery and equipment (6112) Maintenance and repair services of motor vehicles (61120) | No limitations. |
| 2. COMMUNICATION SERVICES | |
| C. Telecommunications services Covers the following sub-sectors from the Services Sectoral Classification List and related CPC numbers 7521, 7522, 7523, 7529** | |
| (a) Voice telephone services (1) (b) Packet-switched data transmission services (c) Circuit-switched data transmission services (d) Telex services (e) Telegraph services (f} Facsimile services g) Private leased circuit services (o) Other services Digital Cellular Paging Personal Communications Trunked Radio System Services Mobile Data Services (2) Services covered by the Broadcasting Services Act 1992 are excluded from the basic telecommunications sector | An entity holding a new carrier licence must be a public body or a constitutional corporation under Australian law. The Australian Government owns a controlling share of the first licensed general carrier, Telstra. Aggregate foreign equity in Telstra is limited to 35 percent of one-third of the non-government owned shares of Telstra (approximately 11.7 percent). Individual or associated group foreign investment is limited to 5 percent of one-third of the non-government owned shares of Telstra (approximately 1.7 percent). Entry of natural persons unbound except as indicated in horizontal section. |
| h) Electronic mail (2) (7523) | No limitations. |
| (i) Voice mail (7523**) | No limitations. |
| j) On-line information and data base retrieval (7523**) | No limitations. |
| k) Electronic data interchange (EDI) | No limitations. |
| (l) Enhanced/value- added facsimile services, including store and retrieve | No limitations. |
| m) Code and protocol conversion (7523**) | No limitations. |
| 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES | |
| A. General construction work for buildings (512) B. General construction work for civil engineering (513) C. Installation and assembly work(514, 516) D. Building completion and finishing work (517) | *No limitations. |
| 4. DISTRIBUTION SERVICES | |
| A. Commission agents’ services (62113- 62118) | No limitations. |
| B. Wholesale trade services (6223-6228) | No limitations. |
| C. Retailing services (631, 63212, 6322-9) Does not cover dispensing of pharmaceuticals | No limitations. |
| D. Franchising (8929) | No limitations. |
| 5. EDUCATIONAL SERVICES | |
| Secondary education services (922**) Covers general as well as technical and vocational education at the secondary level in private institutions | Commercial presence unbound with respect to national treatment measures. No other limitations. |
| C. Higher education services (923**) Covers provision of private tertiary education services including at university level | Commercial presence unbound with respect to national treatment measures. No other limitations. |
| E. Other education services (929**) Covers English language tuition and tuition in Thai cuisine, Thai language and Thai traditional massage | For English language tuition, commercial presence unbound with respect to national treatment measures. No other limitations. |
| 6. ENVIRONMENTAL SERVICES | |
| A. Wastewater management (9401) | *No limitations. |
| B. Solid/hazardous waste management (9402, 9403) | *No limitations. |
| C. Protection of ambient air and climate (9404) | *No limitations. |
| D. Remediation and cleanup of soil and water (9406**) Treatment, remediation of contaminated/polluted soil and water | *No limitations. |
| E. Noise and vibration abatement (9405) | *No limitations. |
| F. Protection of biodiversity and landscape (9406**) Nature and landscape protection services | *No limitations. |
| G. Other environmental and ancillary services (94090) | *No limitations. |
| 7. FINANCIAL SERVICES | |
| This sector is unbound except as specifically set out below. | |
| A. Insurance and insurance-related services. Covers such financial services as defined in the Annex on Financial Services in the GATS. | Commercial presence for financial service suppliers is permitted subject to any terms, conditions and procedures for authorisation of the establishment and expansion of a commercial presence that Australia may apply from time to time and the limitations below. Approval of non-resident life insurers is restricted to subsidiaries incorporated under Australian law. Most State and Territory Governments maintain restrictions, by way of monopolies or licensing provisions and associated controls on premiums and other terms of policies, in the following areas of insurance: • Compulsory Third Party Motor Vehicle Accident: Victoria, Western Australia, Tasmania, Northern Territory (monopolies); New South Wales, Queensland, South Australia, Australian Capital Territory (licensing, premiums/policy terms). • Workers Compensation: South Australia, Victoria, Queensland (monopolies); New South Wales, Western Australia, Tasmania (licensing, premiums/policy terms). Comcare is the monopoly provider of workers' compensation insurance to Commonwealth Government employees. Sub-national guarantees are provided to some State and Territory Insurance Offices. An authorised general (non-life) insurance company operating in Australia as a non-incorporated entity must appoint an Australian resident as agent of the insurer. Registered foreign life insurance companies are required to have a local agent resident in Australia. |
| 1. Insurance of risks relating to: a. 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 b. goods in international transit. | Cross-border supply as a principal, through an intermediary or as an intermediary is permitted. Consumption abroad is permitted. Otherwise unbound. |
| 2. Reinsurance and retrocession and the services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services. | |
| B. Banking and Other financial services (excluding insurance) Covers such financial services as defined in the Annex on Financial Services in the GATS. | Commercial presence for financial service suppliers is permitted subject to any terms, conditions and procedures for authorisation of the establishment and expansion of a commercial presence that Australia may apply from time to time and the limitations listed below. A foreign bank located overseas Is able to offer its services to Australian enterprises, but is not allowed to raise deposit funds in Australia or undertake business within Australia unless it is an authorised bank (or establishes a money market corporation, subsidiary etc.). Foreign banks located overseas may, however, raise funds in Australia through the issue of debt securities provided that those securities are offered/traded in parcels of not less than $A 500,000 and the securities and any information memoranda clearly state the issuing bank is not authorised under the Banking Act in Australia. Foreign banks may undertake banking operations in Australia through locally incorporated subsidiaries and/or an authorised branch. However, a branch may not accept "retail" deposits. A foreign bank wishing to accept "retail" deposits must seek authorization as a locally incorporated subsidiary for that purpose. Foreign bank branches may accept deposits (and other funds) in any amount from incorporated entities, non-residents and their own employees. Deposits (and other funds) may only be accepted from other sources where the initial deposit (or other funds) is greater than $A 250,000. Deposit-taking outside of this is considered to be "retail" banking business. Commonwealth owned entities which may conduct financial operations are guaranteed by the Commonwealth Government. While the Commonwealth sold its remaining shareholding in the Commonwealth Bank of Australia (CBA) on 19 July 1996, a transitional Commonwealth guarantee has been provided to all of the liabilities of the CBA. The length of time that the guarantee applies depends on the characteristic of the liability. Transitional guarantees also apply to the former Commonwealth-owned Australian Industry Development Corporation. A number of State and Territory Governments operate central financing authorities through which the Government's wholly or partly-owned statutory authorities and business enterprises are obliged to borrow (and in some cases invest) their funds, or otherwise obtain certain financial services: South Australia - South Australian Government Financing Authority, Local Government Finance Authority of South Australia Tasmania - Tascorp New South Wales - NSW Treasury Corporation Victoria - Treasury Corporation of Victoria Queensland - Queensland Treasury Corporation, Queensland Investment Corporation Northern Territory - Northern Territory Treasury Corporation Western Australia - Western Australian Treasury Corporation; guaranteed by the State or Territory Governments. A number of State and Territory Governments have also provided transitional guarantees to some of the assets and liabilities of former State-owned or controlled banks. To obtain an Australian market licence an applicant must be a body corporate. The responsible entity of a registered managed investment scheme must be a public company that holds an Australian financial services licence authorising it to operate a managed investment scheme. |
| 1. Acceptance of deposits and other repayable funds from the public 2. Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction 3. Financial leasing 4. All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts 5. Guarantees and commitments 6. Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following: a. Money market instruments (including cheques, bills, certificates of deposits) b. Foreign exchange c. Derivative products including, but not limited to, futures and options d. Exchange rate and interest rate instruments, such as swaps, forward rate agreements e. Transferable securities f. Other negotiable instruments and financial assets, including bullion. 7. Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues 8. Money broking 9. Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services 10. Settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments 11. Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services 12. Advisory, intermediation and other auxiliary financial services on all the activities listed in 1 - 11 above, including credit reference and analysis, investment and portfolio research acquisitions and on corporate restructuring and strategy. | Consumption abroad is permitted. Otherwise unbound. |
| Provision and transfer of financial information and financial data processing. Advisory and other auxiliary services, excluding intermediation, relating to the services listed in 1 to 11 above (for which consumption abroad is permitted) including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy. | Cross-border supply is permitted. Otherwise unbound. |
| 8. HEALTH-RELATED AND SOCIAL SERVICES | |
| B. Other human health services (93199**) Covers podiatry and chiropody services. Includes podiatry services carried out in health clinics, residential health facilities other than hospitals, as well as in own consulting rooms, patients homes or elsewhere | Permanent residency requirement for: chiropodists (South Australia) and podiatrists (Western Australia). |
| 9. TOURISM AND TRAVEL RELATED SERVICES | |
| A. Hotels and restaurants (641, 642, 643) | *No limitations. |
| B. Travel agencies and tour operator services (7471) | Commercial presence required. |
| C. Tourist guide services (7472) | No limitations. |
| 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES | |
| B. News agency services (962) | No limitations. |
| D. Sporting and other recreational services | |
| Sporting services (9641) | No limitations. |
| Other recreational services (96491) Covers recreation park and beach services | No limitations. |
| 11. TRANSPORT SERVICES | |
| A. Maritime transport services | |
| International transport (freight and passengers) (7211 and 7212 less cabotage and offshore transport — as defined in Note to Schedule) | See Note to Schedule. No limitations on Liner Shipping, Bulk, tramp and other international shipping, including international passenger transportation. Establishment of registered company for the purpose of operating a fleet under the national flag of Australia: nationality requirements for ownership and registration of vessels as defined by the Shipping Registration Act 1981. No limitations on other forms of commercial presence for the supply of international maritime transport services (as defined in Note to Schedule). Ships crews and key shore personnel: unbound. |
| Maritime auxiliary services | |
| International rental of vessels with crew (less cabotage and offshore transport - as defined in Note to Schedule) | No limitations. |
| Maritime cargo handling services (as described in Note to Schedule) | Licences/concessions are granted by port authorities. Public utility concession or licensing procedures may apply in the case of the occupation of the public domain for the conduct of these activities. Unbound except as indicated in the horizontal section. In addition there is a requirement for shore labour to undertake loading and unloading of ships under the Navigation Act 1912. |
| Storage and warehousing services (742) | *No limitations. |
| Maritime freight forwarding services (as defined in Note to Schedule) | No limitations. |
| Customs clearance services (as described in Note to Schedule) | *To act as a customs broker in Australia, service providers must provide the service in and from Australia. Unbound for cross-border supply and consumption abroad. |
| Pre-shipment inspection (as defined in Note to Schedule) | No limitations. |
| services (as described in Note to Schedule) | No limitations. |
| C. Air Transport Services | |
| Ground handling services: - Airport operation services (7461 - excludes cargo handling) - Cargo handling (74110 and 74190 air transport sector only) - Other supporting services for air transport (7469 — excludes airport and terminal fire-fighting services) | *No limitations. |
| d) Maintenance and repair of aircraft (8868**) Covers establishments mainly engaged in periodic maintenance and repair (routine and emergency) of airframes (including wings, doors, control surfaces) avionics, engines and engine components, hydraulics, pressurisation and electrical systems and landing gear. Includes painting, other fuselage surface treatments and repair of flight-deck (and other) transparencies. Further includes rotary and glider aircraft. | *No limitations. |
| Computer reservation systems (7523**) Activities of establishments engaged in providing and maintaining computer reservation to other enterprises engaged in the provision of travel agency services, including transport and accommodation booking, four and travel wholesaling/retailing - to establishments engaged in providing reservation services (such as travel services related to air carriers include the provision of information on air carrier schedules, space availability and tariffs. | No limitations. |
| F. Road transport services | |
| a) Passenger transportation (71213, 71214, 7122) Does not include regular urban bus services | No limitations. Cross-border supply unbound. |
| b) Freight transportation (71231, 71232, 71233, 71234) | No limitations. Cross-border supply unbound. |
| G. Pipeline transport | |
| Transportation of: a) fuels (7131) b) other goods (7139) | No limitations. |
| H. Services auxiliary to all modes of transport | |
| b) Storage and warehouse services (742 excluding maritime) | *No limitations. |
| c) Freight Forwarding (748 excluding maritime) | No limitations. |
| d) Pre-shipment inspection (749 excluding maritime) | No limitations. |
NOTE TO SCHEDULE: MARITIME TRANSPORT SERVICES DEFINITIONS
1. Multimodal Transport Operator: the person on whose behalf the bill of lading/multimodal document evidencing a contract of multimodal carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contract of carriage.
2. Cabotage: for the purposes of this Schedule, cabotage is defined as the transportation of passengers or goods between a port located in Australia and another port located in Australia and traffic originating and terminating in the same port located in Australia.
3. Offshore Transport refers to shipping services involving the transportation of passengers or goods between a port located in Australia and any location associated with or incidental to, the exploration or exploitation of natural resources of the continental shelf of Australia, the seabed of the Australian coastal sea and the subsoil of that seabed.
4. Other Forms of Commercial Presence for the Supply of International Maritime Transport Services: for the purposes of this Schedule, means the ability for international maritime transport service suppliers of other Members to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which the maritime transport constitutes a substantial element. This commitment shall not be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery.
These activities include:
- marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
- the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated service;
- the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;
- the provision of business information by any means, including computerised information systems and electronic data;
- the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency;
- acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
5. International Rental of Vessels with Crew: rental and/or leasing services of all types of sea-going vessels with crew (such as tankers, bulk dry cargo vessels, cargo and freight vessels) for the purpose of international trade.
6. Maritime Cargo Handling Services: activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring of terminal operator companies. The activities covered include the organisation and supervision of: the loading/discharging of cargo to/from a ship; the lashing/unlashing of cargo; and, the reception/delivery and safekeeping of cargoes in the wharf area before shipment or after discharge. The organisation and supervision includes the arrangements for (1) engaging skilled labour (dockers), (2) using all the necessary equipment for on-board or shore use and the appropriate storage space, whether by ownership, rental or otherwise, (3) the checking of parcels and markings, the weighing and measuring of cargo (upon request of the owner), and (4) the administrative duties as well as the responsibility related to the services. Container terminal operators can furthermore be appointed for stuffing/stripping containers and e.g. the survey and supply of electricity to containers.
7. Maritime Freight Forwarding Services: the organisation and monitoring of shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.