INTRODUCTORY NOTES
1. For the avoidance of doubt, in relation to education services, nothing in Chapter 7 (Cross-Border Trade in Services) or Chapter 8 (Investment) shall interfere with:
(a) the ability of individual education and training institutions to maintain autonomy in admissions policies (including in relation to considerations of equal opportunity for students and recognition of credits and degrees), in setting tuition rates and in the development of curricula or course content;
(b) non-discriminatory accreditation and quality assurance procedures for education and training institutions and their programmes, including the standards that must be met;
(c) government funding, subsidies or grants, such as land grants, preferential tax treatment and other public benefits, provided to education and training institutions; or
(d) the need for education and training institutions to comply with non- discriminatory requirements related to the establishment and operation of a facility in a particular jurisdiction.
2. For greater certainty, where Australia has more than one entry in its Schedule to Annex I that could apply to a measure, each entry is to be read independently, and is without prejudice to the application of any other entry to the measure.
1.
Sector: All
Obligations Concerned: Market Access Cross-Border Trade in Services
Description: Australia reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, subject to the provisions of Chapter 11 (Movement of Business Persons), that is not inconsistent with Australia's obligations under Article XVI of GATS.
Existing Measures:
2.
Sector: All
Obligations Concerned: Market Access National Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Senior Management and Boards of Directors Local Presence
Description: Cross-Border 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 reservation, an Indigenous person means a person of the Aboriginal and Torres Strait Islander peoples.
Legislation and ministerial statements at all levels of government including Australia's foreign investment policy, and the Native Title Act (Cth).
Existing Measures:
3.
Sector: All
Obligations Concerned: Market Access
Description: Cross-Border Trade in Services Australia reserves the right to adopt or maintain any measure at the regional level of government that is not inconsistent with Australia's obligations under Article XVI of GATS. For the purposes of this entry, Australia's Schedule of Specific Commitments is modified as set out in Appendix A. For the purposes of this entry, the reference to Australia's commitments under Article XVI of GATS includes commitments made under that Article after the date of entry into force of this Agreement.
Existing Measures:
4.
Sector: All
Obligations Concerned: National Treatment (Investment) Prohibition of Performance Requirements
Description: Investment
Australia reserves the right to adopt or maintain any measure with respect to proposals by foreign persons (1) and foreign government investors to invest in Australian urban land (2) (including interests that arise via leases, financing and profit sharing arrangements, and the acquisition of interests in urban land corporations and trusts), other than developed non-residential commercial real estate.
Existing Measures: Australia's foreign investment framework, which comprises Australia's Foreign Investment Policy, the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA); Foreign Acquisitions and Takeovers Regulations 2015 (Cth); Foreign Acquisitions Fees Imposition Act 2015 (Cth); Foreign Acquisitions Fees Imposition Regulation 2015 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements
5.
Sector: All
Obligations Concerned: National Treatment (Investment) Prohibition of Performance Requirements Most-Favoured-Nation Treatment (Investment) Senior Management and Board of Directors
Description: Investment
Australia reserves the right to adopt or maintain any measure to allow the screening of proposals, by foreign persons (3), to invest 15 million (4) Australian dollars or more in Australian agricultural land and 55 million (5) Australian dollars or more in Australian agribusinesses.
Existing Measures: Australia's foreign investment framework, which comprises Australia's Foreign Investment Policy, the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA); Foreign Acquisitions and Takeovers Regulations 2015 (Cth); Foreign Acquisitions Fees Imposition Act 2015 (Cth); Foreign Acquisitions Fees Imposition Regulation 2015 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements
6.
Sector: All
Obligations Concerned: Market Access National Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Senior Management and Boards of Directors
Description:
Cross-Border Trade in Services and Investment
At the central level of government, Australia reserves the right to limit the initial transfer or disposal of government owned entities or assets, or a portion or percentage of the initial transfer, to Australian persons. For greater certainty, if Australia transfers or disposes of a government owned entity or asset in multiple phases, this right shall apply separately to each phase.
At the remaining levels of government, 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 date of entry into force of this Agreement; and
(b) the privatisation of government owned entities or assets.
For the purposes of this entry, any measure adopted after the date of entry into force of this Agreement in relation to subparagraph (a) or (b) shall be deemed an existing non-conforming measure subject to Article 11.1 (Reservations) of Chapter 8 (Investment) and Article 7.1 (Reservations) of Chapter 7 (Cross-Border Trade in Services).
Existing Measures:
7.
Sector: All
Obligations Concerned: Market Access National Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Local Presence Senior Management and Boards of Directors Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment)
Description: Cross-Border Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure (6) with respect to the provision of public law enforcement and correctional services, and the following services (7) to the extent that they are social services established for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, child care, public utilities (8) and public transport.
Existing Measures:
8.
Sector: Recreational, Cultural and Sporting Services (other than audio-visual services)
Obligations Concerned: Market Access National Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Local Presence Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Senior Management and Board of Directors
Description: Cross-Border Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure with respect to the creative arts, (9) (10) Indigenous traditional cultural expressions and other cultural heritage. (11)
Existing Measures:
9.
Sector: Broadcasting and Audio-visual Services Advertising Services Live Performance (12)
Obligations Concerned: Market Access National Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Local Presence (13) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) (14)
Description: Cross-Border Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure (15) with respect to:
(a) Transmission quotas for local content on free-to-air commercial television broadcasting services.
(b) Non-discriminatory expenditure requirements for Australian production on subscription television broadcasting services.
(c) Transmission quotas for local content on free-to-air radio broadcasting services.
(d) Other audio-visual services transmitted electronically, in order to make Australian audio-visual content reasonably available to Australian consumers. (16)
(e) Spectrum management and licensing of broadcasting services. (17)
(f) Subsidies or grants for investment in Australian cultural activity.
This entry does not apply to foreign investment restrictions in the broadcasting and audio-visual services sector.
Existing Measures: Broadcasting Services Act 1992 (Cth) Radiocommunications Act 1992 (Cth) Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth) Screen Australia Act 2008 (Cth) Broadcasting Services (Australian Content) Standard 2005 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
10.
Sector: Broadcasting and Audio-visual Services
Obligations Concerned: Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Prohibition on Performance Requirements
Description: Cross-Border Trade in Services and Investment
Australia reserves the right to adopt or maintain, under the International Co-production Program, preferential co-production arrangements for film and television productions. Official co-production status, which may be granted to a co-production produced under these co- production arrangements, confers national treatment on works covered by these arrangements.
Existing Measures: International Co-production Program
11.
Sector: Distribution Services
Obligations Concerned: Market Access
Description: Cross-Border 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:
12.
Sector: Education services
Obligations Concerned: Cross-Border Trade in Services and Investment Market Access National Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Local Presence Senior Management and Boards of Directors Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment)
Description: Australia reserves the right to adopt or maintain any measure with respect to primary education.
Existing Measures:
13.
Sector: Gambling and Betting
Obligations Concerned: Market Access National Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Local Presence Senior Management and Boards of Directors
Description: Cross-Border 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).
14.
Sector: Maritime Transport
Obligations Concerned: Market Access National Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Local Presence Senior Management and Boards of Directors
Description: Cross-Border Trade in Services and Investment
Australia reserves the right to maintain or adopt any measure with respect to maritime cabotage services and offshore transport services.
For the purposes of this reservation, 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.
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.
Existing Measures:Customs Act 1901 (Cth) Fair Work Act 2009 (Cth) Seafarers' Compensation and Rehabilitation Act 1992 (Cth) Occupational Health and Safety (Maritime Industry) Act 1993 (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)
15.
Sector: Transport
Obligations Concerned: National Treatment (Investment) Senior Management and Boards of Directors
Description: Investment
Australia reserves the right to maintain or adopt 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)
16.
Sector: All
Obligations Concerned: Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment)
Description: Cross-Border Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to the service suppliers or investors of non-Parties under any bilateral or multilateral international agreement in force on, or signed prior to, the date of entry into force of this Agreement. (18)
Australia reserves the right to adopt or maintain any measure that accords more favourable treatment to the service suppliers or investors of non-Parties 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:
APPENDIX A.
For the following sectors, Australia's commitments under Article XVI of GATS as set out in Australia's Schedule of Specific Commitments under the GATS (GATS/SC/6, GATS/SC/6/Suppl.1, GATS/SC/6/Suppl.1/Rev.1, GATS/SC/6/Supp1.2, GATS/SC/6/Supp13 and GATS/SC/6/Supp14) are improved as described below.
| Sector/subsector | Market Access Improvement |
| BUSINESS SERVICES | |
| Professional Services | |
| Legal services (19) | |
| Legal advisory and representational services in domestic law (host-country law) | Replace existing commitments with no limitations for modes 1-3. Mode 4 is unbound except as indicated in the horizontal section. |
| Legal advisory services in foreign law and international law and (in relation to foreign and international law only) legal arbitration and conciliation/mediation services. | Replace existing commitments with no limitations for modes 1 and 2, mode 3 is limited as follows: In South Australia, 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. Mode 4 is unbound except as indicated in the horizontal section. |
| Research and Development Services | |
| Research and Development (R and D) services on natural sciences and engineering (CPC 851) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Interdisciplinary research and development (R&D) services (CPC 853) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Other Business Services | |
| Landscape architectural services (CPC 86742) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Sector/subsector | Market Access Improvement |
| Technical testing and analysis services (CPC 8676) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Site preparation work for mining (CPC 5115) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Services incidental to manufacturing (CPC 884 and 885, except for 88442). | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Related scientific and technical consulting services (CPC 8675) | |
| - Geological, geophysical and other scientific prospecting services (CPC 86751) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| - Subsurface surveying services (CPC 86752) | Replace existing commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section, for the whole sector. |
| - Map-making services (CPC 86754) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633 and 8861- 8866). | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Packaging services (CPC 8760) | Insert new commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Specialty design services (CPC 87907) | Replace existing commitments on Interior Design with no limitations for modes 1-3, mode 4 is unbound as indicated in the horizontal section. |
| COMMUNICATION SERVICES | |
| This covers the following sub-sectors from the Services Sectoral Classification List (W/120) and related CPC numbers 7521,7522,7523, 7529** (a) Voice telephone services (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: Digital cellular services Paging services Personal communications services Trunked radio system services Mobile data services Services covered by the Broadcasting Services Act 1992 (Cth) are excluded from the basic telecommunications sector. | Replace existing commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| CONSTRUCTION AND RELATED ENGINEERING SERVICES | |
| Other | |
| Other general construction work for civil engineering (CPC 511, 515 and 518) | Insert new commitments with no limitations for modes 2 and 3, mode 1 unbound*, mode 4 is unbound except as indicated in the horizontal section. |
| DISTRIBUTION SERVICES | |
| Commission agents’ services (CPC 62111, 62112**, 62113-62118) Includes services by commission agents, commodity brokers, auctioneers and other wholesalers who trade on behalf of others, of food products, and non-alcoholic beverages. Excludes tobacco, alcoholic beverages, and firearms. | |
| Wholesale trade services (CPC 6221**, 6222**, 6223 - 6228**) Wholesale trade services of agricultural raw materials and live animals. Excludes wholesale trade services of unmanufactured tobacco, tobacco products, alcoholic beverages and firearms. | Replace existing commitments with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Retailing services (CPC 631**, 63211**, 63212, 6322, 6323, 6324, 6325, 6329**, 61112, 6113, 6121) Australia’s commitments in relation to these services extend to cover the following services not listed in relevant CPC classifications: inventory management of goods, assembling, sorting and grading of goods, breaking bulk, re-distribution and delivery services for retailing. Does not cover dispensing of pharmaceuticals, retailing services of alcoholic beverages, tobacco products and firearms. | Replace existing commitments with no limitations for modes 2 and 3, mode 1 unbound except for mail order, mode 4 is unbound except as indicated in the horizontal section. |
| ENVIRONMENTAL SERVICES (20) (21) | |
| Wastewater management (CPC 9401) This covers removal, treatment and disposal of household, commercial and industrial sewage and other waste waters including tank emptying and cleaning, monitoring, removal and treatment of solid wastes. | Replace existing commitments on “Sewage services” with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Waste management (CPC 9402, 9403) This covers hazardous and non-hazardous waste collection, treatment and disposal (including incineration, composting and landfill); sweeping and snow removal, and other sanitation services | Replace existing commitments on “Refuse disposal services” and “Sanitation and similar services” with no limitations for modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Protection of ambient air and climate (CPC 9404) This covers services at power stations or industrial complexes to remove air pollutants; monitoring of mobile emissions and implementation of control systems or reduction programmes. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Remediation and clean-up of soil and water (CPC 9406**) (22) This covers cleaning-up systems in situ or mobile, emergency response, clean-up and longer term abatement of spills and natural disasters; and rehabilitation programmes (e.g. recovery of mining sits) including monitoring. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Noise and vibration abatement (CPC 9405) This covers monitoring programmes, and installation of noise reduction systems and screens. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Protection of biodiversity and landscape (CPC 9406**)(23) This covers ecology and habitat protection and promotion of forests and promoting sustainable forestry. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |
| Other environmental and ancillary services (CPC 9409) This covers other environment protection services, including services related to environmental impact assessment. | Insert new commitments with no limitations on modes 1-3, mode 4 is unbound except as indicated in the horizontal section. |