Subsector: -
Obligations Concerned : National Treatment (Trade in Services and Investment). Market Access. Most-Favoured-Nation Treatment (Trade in Services and Investment). Local Presence Prohibition of Performance Requirements. Senior Management and Boards of Directors
Description : Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure with respect to the services listed in Article 2.3(e)(iv) to (vi) (Scope) of Chapter 8 (Trade in Services), except for:
(a) specialty air services, meaning any specialised commercial operation using an aircraft whose primary purpose is not the transportation of goods or passengers, such as aerial fire-fighting, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter-lift for logging and construction, and other airborne agricultural, industrial and inspection services;
(b) ground handling services (35), meaning the supply at an airport, on a fee or contract basis, of the following services: airline representation, administration and supervision; passenger handling; baggage handling; ramp services; catering, except the preparation of the food; air cargo and mail handling; fuelling of an aircraft; aircraft servicing and cleaning; surface transport; and flight operations, crew administration and flight planning; or
(c) airport operation services, meaning the supply of air terminal, airfield and other airport infrastructure operation services on a fee or contract basis. Airport operation services do not include air navigation services.
Existing Measures: -
18. Sector : Financial Services
Subsector: -
Obligations Concerned : Market Access
Description : Trade in Services
Australia reserves the right to adopt or maintain any measure imposing non-discriminatory limitations on juridical form for juridical persons 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. (36)
Existing Measures: -
19. Sector: Financial Services
Subsector: Obligations Concerned. National Treatment (Trade in Services and Investment)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure 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: -
20. Sector: Financial Services
Subsector: -
Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Most-Favoured-Nation Treatment (Trade in Services and Investment)
Description: Trade in Services and Investment
Australia reserves the right to adopt or maintain any measure regarding solicitation in its territory.
Existing Measures: -
21. Sector: Financial Services
Subsector: Banking and other financial services (excluding insurance and insurance-related services)
Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Most-Favoured-Nation Treatment (Trade in Services and Investment). Senior Management and Boards of Directors
Description: Trade in Services and Investment
Except as provided in this entry, Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(i), (t)(ii) and (t)(iv) (Definitions) of Chapter 8 (Trade in Services) for banking and other financial services.
Subject to any limitations set out elsewhere in Australiaâs schedule to Part A or Part B, Australia shall permit a financial service supplier of another Party to supply, via cross-border supply as defined in Article 1(t)(i) (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 Article 2(b)(xv) (Definitions) of Annex 8A (Financial Services) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in Article 2(b)(xvi) (Definitions) of Annex 8A (Financial Services).
In relation to the following services Australia shall ensure a financial service supplier of another Party organised in the territory of that Party, upon obtaining an Australian financial services licence and any other necessary authorisations, or exemptions therefrom, in accordance with prescribed Australian laws and regulations, may undertake:
(a) securities related transactions on a wholesale basis between and among financial institutions and other entities;
(b) the following services to a collective investment scheme (37) located in Australia: (38)
i. investment advice; and ii. portfolio management services, excluding:
A. trustee services; and
B. custodial services and execution services that are not related to managing a collective investment scheme.
Australia shall permit its residents to purchase in the territory of any other Party the financial services indicated in Article 2(b)(v) to (xvi) (Definitions) of Annex 8A (Financial Services).
Existing Measures: -
22. Sector: Financial Services
Subsector: Insurance and insurance-related services
Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Most-Favoured-Nation Treatment (Trade in Services and Investment). Senior Management and Boards of Directors
Description: Trade in Services and Investment
Except as provided in this entry, Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(i), (t)(ii) and (t)(iv) (Definitions) of Chapter 8 (Trade in Services) for insurance and insurance-related services.
Australia shall permit a financial service supplier of another Party to supply, via cross-border supply as defined in Article 1(t)(i) (Definitions) of Chapter 8 (Trade in Services) 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 therefrom; and
(ii) goods in international transit;
(b) reinsurance and retrocession and the services auxiliary to insurance as referred to in Article 2(b)(iv) (Definitions) of Annex 8A (Financial Services); and
(c) insurance intermediation, such as brokerage and agency as referred to in Article 2(b) (iii) (Definitions) of Annex 8A (Financial Services).
Australia shall permit its residents to purchase in the territory of another Party the financial services indicated in Subparagraphs (a) to (c) of this entry.
Existing Measures: -
23. Sector: Financial Services
Subsector: -
Obligations Concerned: Prohibition of Performance Requirements
Description: Investment
Australia reserves the right to adopt or maintain any measure with respect to financial services.
Existing Measures: -
APPENDIX A. AUSTRALIA'S MARKET ACCESS COMMITMENTS - REGIONAL (STATE AND TERRITORY) LEVEL
For the purposes of this Appendix:
- the 1), 2) and 3) inscribed in the "Limitations on Market Access" column refers to the modes for the supply of a service as defined in Article 1(t)(i) to (iii) (Definitions) of Chapter 8 (Trade in Services);
- * means unbound due to lack of technical feasibility;
- ** indicates that the service specified constitutes only a part of the total range of activities covered by the Customs Procedure Code (CPC) concordance.
Unless otherwise stated all CPC references correspond to the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
Modes of Supply: 1) Cross-border Supply 2) Consumption abroad 3) Commercial presence
| Sector or Subsector | Limitations on Market Access |
| 1. BUSINESS SERVICES | |
| A. Professional Services | |
| a) Legal services (39) | |
| - Legal advisory and representational services in domestic law (host-country law) | (1) None (2) None (3) None |
| - 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 bookkeeping 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 |
| B. Computer and Related Services (CPC 84) (40) | (1) None (2) None (3) None |
| C. Research and Development (R&D) 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 or Leasing Services without Operators | |
| a) Relating to ships (CPC 83103**) (41) 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) (42) 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)* (43) e) Technical testing and analysis services (CPC 8676) f) Services incidental to agriculture, hunting and forestry (CPC 8811**, 8812**, 8814**) (44) g) Services incidental to fishing (CPC 882**)(45) 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**) (46) | (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**) (47) 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) (48) | (1) None (2) None (3) None |
| 2. COMMUNICATION SERVICES | |
| C. Telecommunications Services. Covers the following subsectors from the Services Sectoral Classification List used by the WTO Secretariat in MTN.GNS/W/120 dated 10 July 1991 and related CPC codes (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 0) Other: - Digital Cellular services - Paging services - Personal Communications Services - Trunked Radio System Services - Mobile Data Services | (1) None (2) None (3) None |
| h) Electronic mail (CPC 7523**) i) Voice mail (CPC 7523**) j) On-line information and database retrieval (CPC 7523**) k) Electronic data interchange (EDI) (CPC 7523**) l) Enhanced/value-added facsimile services, including store and retrieve (CPC 7523**) m) Code and protocol conversion (CPC 7523**) | (1) None (2) None (3) None |
| D. Audiovisual services | |
| e) Sound recording services (49) f) Other - audiovisual post-production services (50) | (1) None except unbound in relation to measures relating to Australian content (2) Unbound (3) Unbound |
| CONSTRUCTION AND RELATED ENGINEERING SERVICES | |
| A. General construction work for buildings (CPC 512) B. General construction work for civil engineering (CPC 513) C. Installation and assembly work (CPC 514, 516) D. Building completion and finishing work (CPC 517) E. Other: - Pre-erection work at construction sites (CPC 511 excluding site preparation for mining - CPC 5115) - Special trade construction work (CPC 515) - Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator (CPC 518) | (1) Unbound* (2) None (3) None |
| 4. DISTRIBUTION SERVICES | |
| A. Commission agents' services (CPC 62113-62118)(51) B. Wholesale trade services (CPC 6223- 6228) (52) | (1) None (2) None (3) None |
| C. Retailing services (CPC 631, 63212, 6322-5, 6329, 61112, 6113, 6121) (53) | (1) Unbound, except for mail order (2) None (3) None |
| D. Franchising (CPC 8929) | D. Franchising (CPC 8929) |
| 5. EDUCATIONAL SERVICES | |
| B. Secondary education services (CPC 922**) (54) C. Higher education services (CPC 923**) (55) E. Other education services (CPC 929**)(56) | (1) None (2) None (3) None |
| 6. ENVIRONMENTAL SERVICES (57) | |
| A. Wastewater management (CPC 9401)(58) B. Waste management (CPC 9402, 9403) (59) D. Other: - Protection of ambient air and climate (CPC 9404) (60) - Remediation and clean-up of soil and water (CPC 9406**)(61)- Noise and vibration abatement (CPC 9405) (62) - Protection of biodiversity and landscape (CPC 9406**)(63) - Other environmental and ancillary services (CPC 9409)(64) | (1) None (2) None (3) None |
| 8. HEALTH RELATED AND SOCIAL SERVICES | |
| A. Hospital services - Private hospital services (CPC 93110**)(65) | (1) Unbound* (2) None (3) None, except that measures in the form of economic needs tests, limitations on the number of services operations and types of legal entity may apply |
| B. Other human health services | |
| - Other human health services (CPC 93199**)(66) | (1) Unbound* (2) None (3) None |
| - Ayurveda, naturopathy, Unani, Siddha and homeopathy services | (1) None (2) None (3) None |
| 9. TOURISM AND TRAVEL RELATED SERVICES | |
| A. Hotels and restaurants (CPC 641, 642, 643) | (1) Unbound* (2) None (3) None |
| B. Travel agencies and tour operator services (CPC 7471) | (1) None, except commercial presence required (2) None (3) None |
| C. Tourist guide services (CPC 7472) | (1) None (2) None (3) None |
| 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES | |
| B. News agency services (CPC 962) D. Sporting and other recreational services - Sporting services (CPC 9641) - Other recreational services (CPC 96491 and 96499) (67) | (1) None (2) None (3) None |
| 11. TRANSPORT SERVICES | |
| A. Maritime transport services | |
| International transport (freight and passengers) (CPC 7211 and 7212)(68) | (1) Liner Shipping, Bulk, tramp and other international shipping, including international passenger transportation: None (2) None (3) a) Establishment of registered company for the purpose of operating a fleet under the national flag of Australia: None b) Other forms of commercial presence for the supply of international maritime transport services (as defined in Note on Maritime Transport Services): None |
| Maritime auxiliary services | |
| - International rental of vessels with crew (69) (as defined in Note on Maritime Transport Services) | (1) None (2) None (3) None |
| - Maritime cargo handling services (as described in Note on Maritime Transport Services) | (1) Unbound* (2) None (3) None, except licences or 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. |
| - Storage and warehousing services (CPC 742) | (1) Unbound* (2) None (3) None |
| - Maritime freight forwarding services (as defined in Note on Maritime Transport Services) | (1) None (2) None (3) None |
| - Customs clearance services (as described in Note on Maritime Transport Services) | (1) Unbound* (2) None (3) None |
| - Pre-shipment inspection (as defined in Note on Maritime Transport Services) - Maritime agency services (as described in Note on Maritime Transport Services) | (1) None (2) None (3) None |
| C. Air Transport Services | |
| d) Aircraft repair and maintenance services (CPC 8868)(70) | (1) Unbound* (2) None (3) None |
| - Ground handling services (71) None | (1) Unbound* (2) None (3) None |
| - Airport operation services (72) | (1) Unbound* (2) None (3) None |
| - Selling and marketing of air transport services (73) | (1) None, except: a) Commercial presence required for services covered by Travel agencies and tour operator services (CPC 7471) Retailing services (CPC 631, 63212, 6322- 6325, 6329, 61112, 6113, 6121) are unbound except for mail order (2) None (3) None |
| - Computer reservation systems (CPC 7523**)(74) |
| E. Rail Transport Services | |
| b) Freight transportation (CPC 7112); c) Pushing and towing services (CPC 7113); and e) Supporting services for rail transport services (CPC743). | (1) None (2) None (3) Below track: most rail-track networks in Australia are government-owned although much is leased to private operators. There are no restrictions on the right to establish new networks but access to public land may not be guaranteed. Above track (rail transport services (such as trains) that operate over the rail-track infrastructure): none except that access to rail infrastructure is allocated under pro- competitive principles for safety, efficiency and the long term interests of users. |
| F. Road Transport Services | |
| a) Passenger transportation (CPC 71213, 71214, 7122) (75) | (1) Unbound (2) None (3) None |
| b) Freight transportation (CPC 7123) c) Rental of commercial vehicles with operator (CPC 7124) | (1) None (2) None (3) None |
| G. Pipeline Transport Services | |
| a) Transportation of fuels (CPC 7131) b) Transportation of other goods (CPC 7139) | (1) None (2) None (3) None |
| H. Services auxiliary to all modes of transport | |
| a) Cargo-handling services in relation to rail, road and air transport only (CPC None 741 **)(76) b) Storage and warehouse services (CPC 742 excluding maritime) (77) | (1) Unbound* (2) None (3) None |
| c) Freight transport agency services (CPC 748 excluding maritime) (78( (3) d) Other supporting and auxiliary transport services (CPC 749 excluding maritime) (79) | (1) None (2) None (3) None |
NOTE ON 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. Other Forms of Commercial Presence for the Supply of International Maritime Transport Services: for the purposes of this Appendix, means the ability for international maritime transport service suppliers of other Parties 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 interchange (subject to the provisions of the Annex on Telecommunications of GATS);
- 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 Australia's commitments listed in Annex 4 (Schedule of Specific Commitments on the Movement of Natural Persons)) with any locally established shipping agency; and
- acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
3. International Rental of Vessels with Crew: rental 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.
4. 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 or discharging of cargo to or from a ship; the lashing or unlashing of cargo; and, the reception or 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.
5. 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.
6. Customs Clearance Services: activities consisting in carrying out on behalf of another Party customs formalities concerning import, export or through-transport of cargoes, whether this is the main activity of the service provider or a usual complement of its main activity.
7. Pre-shipment Inspection: all services performed on a fee or contract basis involved in the verification of the quality, quantity, price (including currency exchange rate and financial terms), or the customs classification of goods to be exported. Does not include customs or quarantine inspection.
8. Maritime Agency Services: activities consisting in representing, within a given geographic area, as an agent, the business interests of one or more shipping line or shipping companies, for the following purposes:
- marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies; acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and
- acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
LIST C. ADDITIONAL COMMITMENTS - CHAPTER 8 (TRADE IN SERVICES) AUSTRALIA
This List C sets out, pursuant to Article 6 (Additional Commitments), Australia's additional commitments with respect to measures affecting trade in services, not subject to scheduling under Article 4 (National Treatment), Article 5 (Market Access), Article 9 (Most-Favoured Nation Treatment) or Article 10 (Local Presence).