Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Market Access (Article 9.5) Local Presence (Article 9.6) Prohibition of Performance Requirements (Article 14.6) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure according preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation in relation to acquisition, establishment or operation of any commercial or industrial undertaking in the service sector. Australia reserves the right to adopt or maintain any measure with respect to investment that accords preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation. For the purpose of this entry, an Indigenous person means a person of the Aboriginal and Torres Strait Islander peoples.
Existing Measures: Legislation and ministerial statements at all levels of government including Australia’s Foreign Investment Framework, and the Native Title Act 1993 (Cth).
6. Sector: All Sectors
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Most-Favoured-Nation Treatment (Article 9.4 and Article 14.5) Market Access (Article 9.5) Prohibition of Performance Requirements (Article 14.6) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure with respect to: (a) the devolution to the private sector of services provided in the exercise of governmental authority at the time that the Agreement comes into force; and (b) the privatisation of government owned entities or assets.
Existing Measures:
7. Sector: All Sectors
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Most-Favoured-Nation Treatment (Article 9.4 and Article 14.5) Market Access (Article 9.5) Local Presence (Article 9.6) Prohibition of Performance Requirements (Article 14.6) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure (8) with respect to the provision of law enforcement and correctional services, and the following services (9) to the extent that they are social services established or maintained for a public purpose:
- income security or insurance;
- social security or insurance;
- social welfare;
- public education;
- public training;
- health;(10)
- child care;
- public utilities;
- public transport; and
- public housing.
Existing Measures:
8. Sector: Communication Services; Recreational, Cultural and Sporting Services
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Most-Favoured-Nation Treatment (Article 9.4 and Article 14.5) Market Access (Article 9.5) Local Presence (Article 9.6) Prohibition of Performance Requirements (Article 14.6) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure with respect to: (a) the creative arts (11), cultural heritage (12) and other cultural industries, including audio-visual services, entertainment services and libraries, archives, museums and other cultural services; and (b) broadcasting and audio-visual services, including measures with respect to planning, licensing and spectrum management, and including: (i) services offered in Australia; and (ii) international services originating from Australia.
Existing Measures: Broadcasting Services Act 1992 (Cth) Radiocommunications Act 1992 (Cth) Broadcasting Services (Australian Content) Standard 2016 Children’s Television Standards 2009 Television Program Standard 23 – Australian Content in Advertising Commercial Radio Codes of Practice and Guidelines Community Broadcasting Codes of Practice International Coproduction Program Australia Council Act 2013 (Cth) Screen Australia Act 2008 (Cth) Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth)
9. Sector: Distribution Services
Obligations Concerned: Market Access (Article 9.5)
Description: Trade in Services
Australia reserves the right to adopt or maintain any measure with respect to wholesale and retail trade services of tobacco products, alcoholic beverages, or firearms.
Existing Measures:
10. Sector: Education Services
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Most-Favoured-Nation Treatment (Article 9.4 and Article 14.5) Market Access (Article 9.5) Local Presence (Article 9.6) Prohibition of Performance Requirements (Article 14.6) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure with respect to primary education.
Existing Measures:
11. Sector: Gambling and Betting
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Market Access (Article 9.5) Local Presence (Article 9.6) Prohibition of Performance Requirements (Article 14.6) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure with respect to gambling and betting.
Existing Measures: Legislation and Ministerial Statements, including the Interactive Gambling Act 2001 (Cth).
12. Sector: Maritime Transport
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Market Access (Article 9.5) Local Presence (Article 9.6) Prohibition of Performance Requirements (Article 14.6) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure with respect to maritime cabotage services and offshore transport services. (13) Australia reserves the right to adopt or maintain any measure with respect to the registration of vessels in Australia.
Existing Measures: Customs Act 1901 (Cth) Fair Work Act 2009 (Cth) Seafarers’ Rehabilitation and Compensation Act 1992 (Cth) Occupational Health and Safety (Maritime Industry) Act 1993 (Cth) Shipping Registration Act 1981 (Cth) Shipping Registration Regulations 1981 (Cth) Income Tax Assessment Act 1936 (Cth) Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) Coastal Trading (Revitalising Australian Shipping) (Consequential Amendments and Transitional Provisions) Act 2012 (Cth) Shipping Reform (Tax Incentives) Act 2012 (Cth).
13. Sector: Transport Services
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure with respect to investment in federal leased airports.
Existing Measures: Airports Act 1996 (Cth) Airports (Ownership-Interests in Shares) Regulations 1996 (Cth) Airports Regulations 1997 (Cth)
14. Sector: All Sectors
Obligations Concerned: Market Access (Article 9.5)
Description: Trade in Services
Australia reserves the right to adopt or maintain any measure at the regional level of government, except: (a) for the sectors and sub-sectors, and subject to the limitations and conditions, listed in Appendix A to this Schedule; and (b) as provided in paragraph 2 of this entry. With respect to financial services, Australia reserves the right to adopt or maintain any measure at the regional level of government that is not inconsistent with Australia’s Revised Services Offer of 31 May 2005 in the World Trade Organisation Doha Development Agenda negotiations (WTO Document TN/S/O/AUS/Rev.1).
Existing Measures:
15. Sector: All Sectors
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.4)
Description: Trade in Services
Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service or service supplier under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement (14). Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any service or service supplier under any bilateral or multilateral international agreement signed after the date of entry into force of this Agreement except with respect to the sectors and sub-sectors listed in Appendix B to this Annex. For sectors not listed in Appendix B, if, after the entry into force of this Agreement, Australia subsequently enters into any agreement with a non-Party in which it provides treatment to services or service suppliers of that non-Party more favourable than it accords to like services or service suppliers of Indonesia, Indonesia may request consultations to discuss the possibility of extending, such treatment. On request from Indonesia, Australia will give consideration to negotiate for the incorporation of treatment no less favourable than that provided under the agreement in question. Such incorporation shall take into account the overall balance of benefits. Notwithstanding the above, Australia reserves the right to adopt or maintain any measure that accords more favourable treatment: a) to any service or service supplier taken as part of a process of economic integration or trade liberalisation between the Parties to the Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) done at Canberra on March 28, 1983 (15); b) to any service or service supplier of a Pacific Islands Forum member state under any international agreement in force or signed after the day of entry into force of this Agreement; or c) to any service or service supplier under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving: (i) aviation; (ii) fisheries; or (iii) maritime matters, including salvage.
Existing Measures:
16. Sector: All Sectors
Obligations Concerned: Most-Favoured-Nation Treatment (Article 14.5)
Description: Investment
Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any investor or covered investment under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement (16). Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any investor or covered investment taken as part of a process of economic integration or trade liberalisation between the Parties to the Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) done at Canberra on March 28, 1983 (17). Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any investor or covered investment of a Pacific Islands Forum member state under any international agreement in force or signed after the date of entry into force of this Agreement. Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to any investor or covered investment under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving: (a) aviation; (b) fisheries; or (c) maritime matters, including salvage.
Existing Measures:
17. Sector: Financial Services
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure (18) with respect to the guarantee by government of government-owned entities whose operations include the provision of financial services, including guarantees related to the privatisation of such entities.
Existing Measures:
18. Sector: Financial Services
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Most-Favoured-Nation Treatment (Article 9.4 and Article 14.5) Market Access (Article 9.5) Local Presence (Article 9.6)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure regarding solicitation in its territory.
Existing Measures:
19. Sector: Financial Services
Sub-sector: Insurance and insurance-related services
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Most-Favoured-Nation Treatment (Article 9.4 and Article 14.5) Market Access (Article 9.5) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Except as provided in paragraphs 2 and 3 of this entry, Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraphs (a), (b) and (d) of the definition of “trade in services or supply of a service” in Article 9.1 (Definitions) for insurance and insurance related services.
Australia shall permit a financial services supplier of Indonesia to supply, via cross-border supply as defined in subparagraph (a) of the definition of “trade in services or supply of a service” in Article 9.1 (Definitions) and under terms and conditions that accord national treatment, whether as a principal, through an intermediary or as an intermediary, the following services:
(a) insurance of risks relating to:
(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising there from; and
(ii) goods in international transit;
(b) reinsurance and retrocession;
(c) services auxiliary to insurance, such as consultancy, risk assessment, actuarial and claim settlement services; and
(d) insurance intermediation, such as brokerage and agency as referred to in subparagraph (c) of the definition of “financial service” in Article 10.1 (Definitions) of insurance of risks related to services listed in subparagraphs (a) and (b) of this paragraph.
Australia shall permit its residents to purchase in the territory of Indonesia the financial services indicated in subparagraphs 2(a) to (d) of this entry.
Existing Measures:
20. Sector: Financial Services
Sub-sector: Banking and other Financial Services (excluding Insurance and Insurance-related Services)
Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Most-Favoured-Nation Treatment (Article 9.4 and Article 14.5) Market Access (Article 9.5) Local Presence (Article 9.6) Senior Management and Boards of Directors (Article 14.10)
Description: Trade in Services and Investment
Except as provided in paragraphs 2, 3 and 4 of this entry, Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in subparagraphs (a), (b) and (d) of the definition of “trade in services or supply of a service” in Article 9.1 (Definitions) for banking and other financial services.
Australia shall permit a financial service supplier of Indonesia to supply, via cross-border supply as defined in subparagraph (a) of the definition of “trade in services or supply of a service” in Article 9.1 (Definitions) and under terms and conditions that accord national treatment, the following services: provision and transfer of financial information and financial data processing as referred to in subparagraph (o) of the definition of “financial service” in Article 10.1 (Definitions) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in subparagraph (p) of the definition of “financial service” in Article 10.1 (Definitions).
Australia shall permit its residents to purchase in the territory of Indonesia the financial services indicated in subparagraphs (e) to (p) of the definition of “financial service” in Article 10.1 (Definitions). Australia shall allow a financial institution organised in the territory of Indonesia to provide the following services to a collective investment scheme located in Australia (19):
(a) investment advice; and
(b) portfolio management services, excluding:
(i) trustee services; and
(ii) custodial services and execution services that are not related to managing a collective investment scheme.
Note: For the purposes of this entry, the term “collective investment scheme” means a managed investment scheme as defined under section 9 of the Corporations Act 2001 (Cth), other than a managed investment scheme operated in contravention of subsection 601ED (5) of the Corporations Act 2001 (Cth), or an entity that:
(i) carries on a business of investment in securities, interests in land, or other investments; and
(ii) in the course of carrying on that business, invests funds subscribed, whether directly or indirectly, after an offer or invitation to the public (within the meaning of section 82 of the Corporations Act 2001 (Cth) made on terms that the funds subscribed would be invested.
Existing Measures:
21. Sector: Financial Services
Obligations Concerned: Market Access (Article 9.5)
Description: Trade in Services
Australia reserves the right to adopt or maintain any measure imposing non-discriminatory limitations on juridical form for enterprises supplying financial services and constituted under the laws of Australia. For example, partnerships and sole proprietorships are generally not acceptable juridical forms for authorised depository institutions in Australia (20).
Existing Measures:
Appendix A. AUSTRALIA’S MARKET ACCESS COMMITMENTS SCHEDULE – REGIONAL (STATE AND TERRITORY) LEVEL
For the purposes of this Appendix, the ‘Limitations on Market Access’ column refers to the supply of a service:
1) from the territory of a Party into the territory of the other Party (Mode 1);
2) in the territory of a Party to a person of the other Party (Mode 2); and
3) by a service supplier of a Party, through commercial presence in the territory of the other Party (Mode 3).
| Sector or Sub-sector | Limitations on Market Access |
| 1. BUSINESS SERVICES | |
| A. Professional services | |
| (a) Legal services (21) | |
| (i) Legal advisory and representational services in domestic law (host-country law). | 1) None 2) None 3) None |
| (ii) Legal advisory services in foreign law and international law and (in relation to foreign and international law only) legal arbitration and conciliation/mediation services. | 1) None 2) None 3) 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. |
| (b) Accounting, auditing and book-keeping services (CPC 862) (c) Taxation services (CPC 863) (d) Architectural services (CPC 8671) (e) Engineering services (CPC 8672) (f) Integrated engineering services (CPC 8673) (g) Urban planning and landscape architectural services (CPC 8674) (h) Dental services (CPC 93123) (i) Veterinary services (CPC 932) | 1) None 2) None 3) None |
| Sector or Sub-sector | Limitations on Market Access |
| B. Computer and related services (CPC 84) (22). | |
| (a) Consultancy services related to the installation of computer hardware (CPC 841) (b) Software implementation services (CPC 842) (c) Data processing services (CPC 843) (d) Database services (CPC 844) (e) Other: - Maintenance and repair services of office machinery and equipment including computers (CPC 845) - Other computer services (CPC 849) | 1) None 2) None 3) None |
| Sector or Sub-sector | Limitations on Market Access |
| C. Research and development services | |
| (a) R&D services on natural sciences (CPC 851) (b) R&D services on social sciences and humanities (CPC 852) (c) Interdisciplinary R&D services (CPC 853) | 1) None 2) None 3) None |
| D. Real estate services | |
| (a) Involving own or leased property (CPC 821) (b) On a fee or contract basis (CPC 822) | 1) None, except commercial presence required 2) None, except commercial presence required 3) None |
| E. Rental/leasing services without operators | |
| (a) Relating to ships (CPC 83103**) (23) (b) Relating to aircraft (CPC 83104) (c) Relating to other transport equipment (CPC 83101-2, 83105) (d) Relating to other machinery and equipment (CPC 83106-9) | 1) None 2) None 3) None |
| F. Other business services | |
| (a) Advertising services (CPC 87110, 87120**, 87190) (24) (b) Market research and public opinion polling services (CPC 864) (c) Management consulting services (CPC 865) (d) Services related to management consulting (CPC 86601, 86609) (25) (e) Technical testing and analysis services (CPC 8676) (f) Services incidental to agriculture, hunting and forestry (CPC 8811**, 8812**, 8814**) (26) (g) Services incidental to fishing (CPC 882**) (27) (h) Services incidental to mining and site preparation work for mining (CPC 883, 5115) (i) Services incidental to manufacturing (CPC 884, 885, except 88442) (j) Services incidental to energy distribution (CPC 887**) (28) | 1) None 2) None 3) None |
| (k) Placement and supply services of personnel (CPC 872) | 1) Unbound 2) None 3) None |
| (l) Investigation and security (CPC 873) (m) Related scientific and technical consulting services (CPC 8675) (n) Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633, 8861-8866) | 1) None 2) None 3) None |
| (o) Building-cleaning services (CPC 874). | 1) Unbound* 2) None 3) None |
| (p) Photographic services (CPC 875) (s) Convention services (CPC 87909**) (29) (t) Other: - Telephone answering services(CPC 87903) - Duplicating services (CPC 87904) - Translation and interpretation services (CPC 87905) - Mailing list compilation and mailing services (CPC 87906) - Interior design (CPC 87907) (30) | 1) None 2) None 3) None |
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