13.
Sector: Telecommunications
Obligations Concerned: National Treatment (Investment) Senior Management and Boards of Directors
Level of Government: Central
Source of Measure: Telstra Corporation Act 1991 (Cth)
Description: Investment Aggregate foreign equity is restricted to no more than 35 per cent of shares of Telstra. Individual or associated group foreign investment is restricted to no more than 5 per cent of shares. The Chairperson and a majority of directors of Telstra must be Australian citizens and Telstra is required to maintain its head office, main base of operations and place of incorporation in Australia.
14.
Sector: Distribution Services
Obligations Concerned: Local Presence
Level of Government: Regional
Source of Measure: Firearms Act (NT)
Description: Cross-Border Trade in Services
Grant of a firearms licence (13) requires residency in the Northern Territory. Licences and permits expire three months after the holder ceases to reside permanently in the Northern Territory.
15.
Sector: Distribution Services
Obligations Concerned: Local Presence
Level of Government: Regional
Source of Measure: Liquor Act (NT) and policy and practice Kava Management Act (NT) Tobacco Control Act (NT) and policy and practice
Description: Cross-Border Trade in Services
The Northern Territory Licensing Commission may require a liquor licensee where the licensee is an individual, or at least one of the licensees where the licence is held by a partnership, or the licence nominee where the licence is held by a corporation, to ordinarily reside within the general locality of the premises to which the licence relates.
The holder of a tobacco retail licence may only sell tobacco products from the premises specified in the licence.
A tobacco retail licence in relation to liquor licensed premises may only be granted to the liquor licensee of those premises.
An applicant for a retail licence for kava must ordinarily reside or carry on business in the relevant licence area in the Northern Territory.
16.
Sector: Distribution Services
Obligations Concerned: Prohibition of Performance Requirements
Level of Government: Regional
Source of Measure: Wine Industry Act 1994 (Qld)
Description: Investment
In order to obtain a wine merchant's licence to sell wine, the business conducted by a person under the licence must contribute to the Queensland wine industry in a substantial way. In order to obtain a wine producer's licence to sell wine, a person must be selling wine made from fruit grown by the person on the premises to which the licence relates, or selling wine made by the person on the premises to which the licence relates.
17.
Sector: Health Services
Obligations Concerned: National Treatment (Investment) Senior Management and Boards of Directors
Level of Government: Central
Source of Measure: Commonwealth Serum Laboratories Act 1961 (Cth)
Description: Investment
The votes attached to significant foreign shareholdings (14) may not be counted in respect of the appointment, replacement or removal of more than one-third of the directors of Commonwealth Serum Laboratories (CSL) who hold office at a particular time. The head office, principal facilities used by CSL and any CSL subsidiaries used to produce products derived from human plasma collected from blood or plasma donated by individuals in Australia must remain in Australia. Two-thirds of the directors of the board of CSL and the chairperson of any meeting must be Australian citizens. CSL must not seek incorporation outside of Australia.
18.
Sector: Recreational, Cultural and Sporting Services
Obligations Concerned: Local Presence
Level of Government: Regional
Source of Measure: Nature Conservation Act 1992 (Qld) Nature Conservation (Wildlife Management) Regulation 2006 (Qld) Nature Conservation (Administration) Regulation 2006 (Qid)
Description: Cross-Border Trade in Services
The Chief Executive of the Queensland Department of Environment and Heritage Protection may grant a wildlife authority (15), other than a wildlife movement permit, to a corporation only if the corporation has an office in the State.
The Chief Executive may approve a person to be an authorised cultivator or propagator for protected plants only if:
(a) in the case of a natural person, the person is a resident of the State; or
(b) if the person is a corporation, the corporation has premises in the State at which the plants are to be cultivated or propagated.
An individual or corporation is only taken to be a "person aggrieved" by a decision, failure to make a decision or conduct under the Act if the individual is an Australian citizen or ordinarily resident in Australia or, if a corporation, established in Australia.
19.
Sector: Transport
Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Local Presence
Level of Government: Central
Source of Measure: Shipping Registration Act 1981 (Cth) Shipping Registration Regulations 1981 (Cth)
Description: Cross-Border Trade in Services and Investment
For a ship to be registered on the Australian Shipping Register it must be majority Australian-owned or on demise charter to Australian-based operators. In the case of small craft, a ship must be wholly owned by or solely operated by Australian residents, Australian nationals or both.
For a trading ship to be registered on the International Shipping Register it must be wholly or majority Australian-owned, on demise charter to Australian-based operators or operated solely by Australian residents, Australian nationals or both. The master or chief mate, and chief engineer or first engineer of the ship must be an Australian national or Australian resident.
A ship on demise charter to an Australian-based operator is a ship on demise charter to:
(a) an Australian national or Australian nationals; or
(b) in circumstances where there are two or more persons who include an Australian national, where the Australian national is in a position to control the exercise of the rights and powers of the charterers under the charter party.
For the purposes of this entry, an Australian national is an Australian citizen who is ordinarily resident in Australia; ot a body corporate that has its principal place of business in Australia.
20.
Sector: Transport services
Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Local Presence
Level of Government: Central
Source of Measure: Competition and Consumer Act 2010 (Cth)
Description: Cross-Border Trade in Services and Investment
Every ocean carrier who provides international liner cargo shipping services to or from Australia must, at all times, be represented by a natural person who is resident in Australia.
Only a person (16) affected by a registered conference agreement or by a registered non-conference ocean carrier with substantial market power may apply to the Australian Competition and Consumer Commission to examine whether conference members, and non- conference operators with substantial market power, are hindering other shipping operators from engaging efficiently in the provision of outward liner cargo services to an extent that is reasonable. For greater certainty, matters which are relevant to the determination of "reasonable" include Australia's national interest and the interests of Australian shippers.
21.
Sector: Transport
Obligations Concerned: National Treatment (Investment) Senior Management and Boards of Directors
Level of Government: Central
Source of Measure: Air Navigation Act 1920 (Cth) Ministerial Statement
Description: Investment
Total foreign ownership of Australian international airlines (other than Qantas) is restricted to a maximum of 49 per cent.
Furthermore, it is required that:
(a) at least two-thirds of the Board members must be Australian citizens;
(b) the Chairperson of the Board must be an Australian citizen;
(c) the airline's head office must be in Australia; and
(d) the airline's operational base must be in Australia.
22.
Sector: Transport
Obligations Concerned: National Treatment (Investment) Senior Management and Boards of Directors
Level of Government: Central
Source of Measure: Qantas Sale Act 1992 (Cth)
Description: Investment
Total foreign ownership of Qantas Airways Ltd is restricted to a maximum of 49 per cent. In addition:
(a) the head office of Qantas must always be located in Australia;
(b) the majority of Qantas' operational facilities must be located in Australia;
(c) at all times, at least two thirds of the directors of Qantas must be Australian citizens;
(d) at a meeting of the board of directors of Qantas, the director presiding at the meeting (however described) must be an Australian citizen; and
(e) Qantas is prohibited from taking any action to become incorporated outside Australia.
23.
Sector: Transport Services
Obligations Concerned: Local Presence National Treatment (Cross-Border Trade in Services and Investment)
Level of Government: Regional
Source of Measure: Commercial Passenger (Road Transport) Act (NT) Road Transport (Public passenger Services) Regulations 2002 (ACT) Taxi Act 1994 (WA) Transport Coordination Act 1996 (WA)
Description: Cross-Border Trade in Services and Investment
Northern Territory
A taxi licence will be cancelled where the holder, being an individual, has not been ordinarily resident in the Northern Territory for more than six months or, being a body corporate, has ceased for more than six months to have its principal place of business in the Northern Territory.
Australian Capital Territory
An application for accreditation to run a public transport services must be made by an Australian citizen or permanent resident of Australia.
Western Australia
To hold a Government Lease taxi plate, the plate holder must be an Australian citizen or a permanent resident.
ANNEX 4-I(B). Singapore's reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment)
1.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Investment)
Level of Government: Central
Measures: This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of PSA Corporation.
Description: Investment
The aggregate of foreign shareholdings in PSA Corporation or its successor body is subject to a 49 per cent limit.
The "aggregate of foreign shareholdings" is defined as the total number of shares owned by:
(a) any individual who is not a Singapore citizen;
(b) any corporation which is not more than 50 per cent owned by Singapore citizens or by the Singapore Government; or
(c) any other enterprise which is not owned or controlled by the Singapore Government.
2.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Investment)
Level of Government: Central
Measures: This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of the relevant enterprises below.
Description: Investment
All individual investors, apart from the Singapore government, will be subject to the following equity ownership limits in the enterprises, or its successor bodies, as listed below:
(a) Singapore Technologies Engineering — 15 per cent;
(b) PSA Corporation — 5 per cent; and
(c) Singapore Airlines — 5 per cent.
For the purposes of this entry, ownership of equity by an investor in these enterprises or its successor bodies includes both direct and indirect ownership of equity.
3.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: Local Presence
Level of Government: Central
Measures: Business Registration Act, Cap. 32 Business Registration Regulations
Description: Cross-Border Trade in Services
Where a person required to be registered under the Business Registration Act, Cap. 32, 2001 Rev Ed, is, or, in the case of any corporation, the directors are, or the secretary of the corporation is, not ordinarily resident in Singapore, a local manager (1) must be appointed.
4.
Sector: Business Services
Sub-Sector: Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator
Industry Classification: CPC 83101, 83102, 83105 Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator
Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access