ORGANISATION MONDIALE
DU COMMERCES/DCS/W/AUS
24 janvier 2003
(03-0450)
Commerce des services Original:  anglais
AUSTRALIE
Projet de version codifiée de la Liste d'engagements spécifiques1
On trouvera ci-joint un projet de version codi fiée de la Liste d'engagements spécifiques de
l'Australie en format Word.  Ce document ne remplace pas les engagements juridiquementcontraignants souscrits par l'Australie dans sa Liste d'engagements spécifiques (GATS/SC/6;
GATS/SC/6/Suppl.2;  GATS/SC/6/ Suppl.3;  GATS/SC/6/Suppl.4).
Est joint au projet de liste codifiée un projet de version codifiée de la Liste d'exemptions de
l'article II (NPF) de l'Australie (GATS/EL/6;  GATS/EL/6/Suppl.1).
Les projets de versions codifiées de la liste et de la Liste d'exemptions de l'obligation NPF ont
été établis par le Secrétariat, à la demande des Membres, pour faciliter le processus de négociation, y
compris la présentation des offres initiales.
_______________
                                                     
1 Le présent document a été établi, en anglais seulement, par le Secrétariat sous sa propre responsabilité
et sans préjudice des positions des Membres ni de leurs droits et obligations dans le cadre de l'OMC.S/DCS/W/AUS
Page 2
Notes:
i) The classification of sectors is based on the 1991 provisional Central Product Classification
(CPC) of the United Nations Statistical Office, while the ordering reflects the Services Sectoral
Classification List (MTN.GNS/W/120 of 10 July 1991).  The appearance of ** againstindividual CPC listings indicates that the service specified constitutes only a part of the totalrange of activities covered by the CPC concordance.
ii) The entry "Unbound*" means unbound due to lack of technical feasibility.S/DCS/W/AUS
Page 3AUSTRALIA – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
ALL SECTORS INCLUDED
IN THIS SECTOR3) Notification and examination under 
Australia's foreign investment policy 
guidelines and the Foreign Acquisitions and Takeovers Act 1975.  In addition to the specific foreign investment policy requirement set out in those parts of this Schedule concerning financial services and 
international shipping, proposals for 
foreign interests to invest in the services identified in the Schedule are examined under the Government's policy guidelines without the need to demonstrate economic benefits or to provide for Australian equity 
participation and are approved unless 
national interest considerations arise.3) Australia's foreign investment policy guidelines
apply to foreign-owned or controlled enterprises
after establishment in Australia
At least two of the directors of a public company
must be ordinarily resident in Australia
Unbound for current and future measures at the federal, state or local government levels according rights or preferences to any indigenous person or organisation 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.  For the purposes of this Schedule, an indigenous person means a person 
of the Aboriginal race of Australia or a 
descendant of an indigenous inhabitant of the Torres Strait Islands.
Unbound for subsidies for research and development.
4) Unbound except for measures concerning 
the entry and temporary stay of natural persons in the following categories:4) Unbound except for measures concerning 
the categories of natural persons referred to in the market access column.
a) Executives and senior managers, as 
intracorporate transferees, for periods of initial 
stay up to four years.S/DCS/W/AUS
Page 4Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
Executives and senior managers being 
natural persons who are employees of a company operating in Australia, and who will be responsible for the entire or a substantial part of that company's 
operations in Australia, receiving general 
supervision or direction principally from higherlevel executives, the board of directors or stockholders of the business, including directing the company or a department or sub-
division of it; supervising and controlling the 
work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or sub-division of the company.
b) Independent executives, without requiring 
compliance with labour market tests, for periods of initial stay up to a maximum of two years.
Independent executives being natural 
persons who meet the criteria of 
executives and senior managers who intend, or are responsible for the establishment in Australia, of a  new business of a service supplier with its head of operations in the territory of another 
Member and which has no other 
representative, branch or subsidiary in Australia.
c) Service sellers, as business visitors, 
without requiring compliance with labour 
market tests, for periods of initial stay of 6 months and up to a maximum of 12 months.S/DCS/W/AUS
Page 5Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
Service sellers being natural persons not based 
in Australia who are (sales) representatives of aservice supplier and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell 
services for that service supplier, where those 
representatives will not be engaged in making direct sales to the general public or in supplyingservices themselves.
Applicants for business visitor visas are 
natural persons seeking to travel to 
Australia for business purposes and not intending to engage in work that might otherwise be carried out by an Australian citizen or Australian permanent resident.  This requirement will be satisfied where the 
service seller's remuneration and 
financial support for the duration of the visit are derived entirely from sources outside Australia.
d) Specialists, subject to individual 
compliance with labour market testing, for 
periods of initial stay up to a maximum of two years with provision of extensionprovided the total stay does not exceed four years.
Specialists being natural persons with trade, technical or professional skills who are responsible for or employed in a particular aspect of a company's operations in Australia.  Skills are assessed in terms of 
the applicant's employment experience, 
qualifications and suitability for the position.S/DCS/W/AUS
Page 6Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
Labour market testing is not required for (i)
natural persons who have specialisedknowledge at an advanced level of aproprietary nature of the company's operationsand have been employed by the company for a
period of not less than two years and (ii) if the
position in question is within a labouragreement in force at the time of application.A labour agreement is an agreement betweenthe Australian Government, employers or
industry organisations and unions for the entry
of specialists from overseas.
The above commitments do not apply in cases of labour/management dispute.
II. SECTOR-SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
a) Legal services
Home country law, 
including public
international law
(861**)1) None
2) None3) Natural persons practising foreign law may 
only join a local law firm as an employee or as a consultant and may not enter into 
partnership with or employ local lawers.
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) At least one equity partner in a firm engaged 
in advising on foreign law matters must be a permanent resident (NSW, Victoria); at least 
one equity partner in a foreign law firm must be
resident for a minimum period of 
180 days per calendar year (Queensland).
4) Unbound except as indicated in the 
horizontal section.3) Joint offices  involving
revenue-sharingbetween foreign law
firms and Australian
local law firms arepermitted in NSW,Victoria, Queenslandand Tasmania subject tothe foreign law firms
satisfying certain
requirements, includingin relation to liability,standard of conduct andprofessional ethics.S/DCS/W/AUS
Page 7Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
b) Accounting, auditing and
book-keeping services
(862)1) None
2) None3) Only natural persons may be registered as 
auditors and liquidators.
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) At least one equity partner in a firm must be
a permanent resident.
4) Unbound except as indicated in the 
horizontal section.
c) Taxation services
(863)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
d) Architectural services
(8671)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
e) Engineering services
(8672)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
f) Integrated engineering 
services(8673)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
g) Urban planning
(86741)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 8Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
h) Dental services
(93123)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
i) Veterinary services
(932)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
B. Computer and related 
services
a) Consultancy services 
related to the installation of
computer hardware
(841)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
b) Software implementation 
services(842)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
c) Data processing 
services(843)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
e) Maintenance and repair 
services of office machinery and equipment including computers
(845)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 9Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
C. Research and 
development services
b) R&D services on social 
sciences and humanities
(852)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound except as indicated in the
horizontal sectionPermanent residency requirement for psychologists (Western Australia).
D. Real Estate Service
a) Involving own or 
leased property(821)1) Commercial presence required
2) Commercial presence required3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
b) On a fee or contract basis
(822)1) Commercial presence required
2) Commercial presence required3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound  except as indicated in the 
horizontal section.
E. Rental/leasing services 
without operators
a) Relating to ships
(83103**)1) None
2) None
3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None
3) None
4) Unbound except as indicated in the 
horizontal section.
Excludes cabotage, intrastate andoffshore trades
b) Relating to aircraft
(83104)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 10Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
c) Relating to other 
transport equipment(83101, 83102, 83105)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
d) Relating to other 
machinery and equipment(83106-9)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
F. Other business 
services
a) Advertising services
(87110, 87120**, 87190)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.
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.S/DCS/W/AUS
Page 11Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
b) Market research and 
public opinion polling services(864)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
c) Management 
consulting services(865)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
d) Services related to 
management consulting(86601, 86609)
Excludes arbitration and 
conciliation services1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
f) Services incidental to 
agriculture, hunting and forestry(8811**, 8812**, 
8814**)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
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 loggingS/DCS/W/AUS
Page 12Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
g) Services incidental to 
fishing(882**)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
Consists of specialised 
consultancy services only, 
related to marine or freshwater fisheries, fish hatchery services.  Does not include fishing.
h) Services incidental to 
mining (883**)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
Consultancy on a fee or contract basis relating to mining and oil field development
j) Services incidental to 
energy distribution
(887**)1) None
2) None
3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None
3) None4) Unbound except as indicated in the 
horizontal section.
Covers consultancy services
related to the transmission 
and distribution on a fee or contract basis of electricity, gaseous fuels and steam andhot water to household, 
industrial, commercial and 
other usersS/DCS/W/AUS
Page 13Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
k) Placement and supply 
services of personnel(872)1) Unbound
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) Unbound
2) None3) None4) Unbound except as indicated in the 
horizontal section.
l) Investigation and 
security(873)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
m) Related scientific and 
technical consulting services(86752**, 86753)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 14Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
Assembly and assessment of
land and geographic related information; practice of the science of measurement; useof that information for the 
purpose of planning and 
implementing the administration of the land and sea.  May involve surveying activities on, 
above or below the surface 
of the land or sea.
o) Building-cleaning 
services(874)1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.
p) Photographic services
(875)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
s) Convention services
(87909**)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
Activities of establishments 
engaged in provision of planning, organising, managing and marketing 
services for conventions and
similar events (including catering and beverage services)S/DCS/W/AUS
Page 15Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
t) Other:
Telephone answering 
services(87903)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.
Duplicating services(87904)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.
Translation and interpretation services(87905)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.
Mailing list compilation
and mailing services
(87906)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.
Interior design(87907)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.
Specialised consultancy services related to the post-construction design and 
fitting out of interior living 
and working spaces.  Includes purchase of necessary goods.S/DCS/W/AUS
Page 16Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
2. COMMUNICATION
SERVICES
C. Telecommunications
services
Covers the following sub-sectors
from the Services SectoralClassification List and relatedCPC 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 servicesPaging services
Personal Communications
Services1) None
2) None3) Primary supply of satellite services limited
to two service providers (licensed general
carriers) until 30 June 1997.
Primary supply of public mobile cellular
telecommunications services limited to threeservice providers (licensed mobile carriers)until 30 June 1997.
The Government has introduced legislation
aimed at implementing an unlimited number ofbasic telecommunications carrier licencesfrom 1 July 1997 and no sector specific foreignequity limits for new carriers. Australia binds
itself to the outcome of this Parliamentary
process in terms of numbers of carrier licencesand foreign equity applying to new carrierlicences. An entity holding a new carrierlicence must be a public body or a
constitutional corporation under Australian law.1) None
2) None3) NoneThe attached reference
paper on regulatoryprinciples is incorporated asadditional commitments byAustralia.S/DCS/W/AUS
Page 17Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
Trunked Radio System 
Services
Mobile Data Services
Services covered by the
Broadcasting Services Act 1992are excluded from the basictelecommunications sectorThe first licensed general carrier, Telstra, is 
government owned. Legislation permitting the sale of one third of the government's equity in Telstra comes into effect on 1 May 1997. Foreign equity will be limited to 35% of this 
one third (about11.7% of total equity) with a 
limit of 5% of the one third (about 1.7% of totalequity) available to individual or associated group foreign investors.
There are no limits on total foreign equity in Optus (holder of general carrier and mobile licence). However, foreign investment policy requirements for Optus are such that there arecertain limits on the share of equity which anyindividual foreign shareholder may hold. 
There is a requirement for majority Australian
ownership of Vodafone (holder of a mobile carrier licence). Measures shall be maintained to ensure that these arrangements continue to apply after 30 June 1997.The Chairman and directors of Optus must be 
Australian citizens, other than those directors (who must comprise the minority) appointed bythe two current major foreign investors.
4) Unbound except as indicated in horizontal
section.4) Unbound except as indicated in horizontal
section.
h) Electronic mail
(CPC 7523**)1) None
2) None3) None
4) Unbound except as indicated in the horizontal 
section1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section
i) Voice mail
( CPC 7523**)1) None
2) None
3) None
4) Unbound except as indicated in the horizontal 
section1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
sectionS/DCS/W/AUS
Page 18Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
j) On-line information and 
data base retrieval(CPC 7523**)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
k) Electronic data interchange 
(EDI)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
l) Enhanced/value-added 
facsimile services, including store and retrieve1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
m) Code and protocol 
conversion(CPC 7523**)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
sectionS/DCS/W/AUS
Page 19Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
3. CONSTRUCTION AND
RELATED ENGINEERINGSERVICES
A. General construction work 
  for buildings
(512)
B. General construction work 
  for civil engineering
(513)1) Unbound*
2) None
3) None4) Unbound except as indicated in the 
horizontal section.
1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None
3) None
4) Unbound except as indicated in the 
horizontal section.
1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 20Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
C. Installation and 
assembly work
(514, 516)1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.
D. Building completion and 
  finishing work
(517)1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.
4. DISTRIBUTION 
SERVICES
A. Commission agents' 
services
(62113-62118)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
B. Wholesale trade 
services
(6223-6228)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
C. Retailing services
(631, 63212, 6322-9)1) Unbound except for mail order
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
Does not cover dispensing of
pharmaceuticalsS/DCS/W/AUS
Page 21Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
D. Franchising
(8929)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
5. EDUCATIONAL 
SERVICES
B. Secondary education 
services
(922**)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) Unbound4) Unbound except as indicated in the 
horizontal section.
Covers general as well as
technical and vocationaleducation at the secondarylevel in private institutions
C. Higher education 
services
(923**)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
Covers provision of private
tertiary education services
including at university level
E. Other education 
services
(929**)1) None
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) Unbound
4) Unbound except as indicated in the 
horizontal section.
Covers English language tuitionS/DCS/W/AUS
Page 22Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
6. ENVIRONMENTAL 
SERVICES
A. Sewage services
(9401)1) Unbound*
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None3) None
4) Unbound except as indicated in the 
horizontal section.
B. Refuse disposal 
services
(9402)1) Unbound*
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None3) None
4) Unbound except as indicated in the 
horizontal section.
C. Sanitation and similar 
services
(9403)1) Unbound*
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None3) None
4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 23Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
7. FINANCIAL SERVICES
Australia undertakes its specific commitments on financial services in accordance with the "Understanding on Commitments in Fin ancial Services" (hereinafter
referred to as the "Understanding").
The obligations under the Understanding are addressed in this Schedule additionally to those covered by the provisions of Part III of the Agreement and the Annex on
Financial Services.  The market access commitments with respect to "cross-border supply" and "consumption abroad" (as described  in paragraphs 2(a) and 2(b) of
Article I of the Agreement) bound in this Schedule are limited to the services indicated in paragraphs B.3 and B.4 of the Under standing, respectively.
These specific commitments on financial services are subject to the general limitations contained in the "Horizontal Commitment s" section of Australia's GATS
Schedule.
A. Insurance and 
insurance-related
services3) Approval of non-resident life insurers is
restricted to subsidiaries.
3) Registered foreign life insurance companies
are required to have a principal officer
resident in Australia.
1), 3)An authorised insurance company
operating in Australia as a non-incorporatedentity must appoint an Australian resident asagent of the insurer.S/DCS/W/AUS
Page 24Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
3) Most State and Territory Governments
maintain restrictions, by way of monopolies orlicensing provisions and associated controlson premiums and other terms of policies, inthe following areas of insurance:
Compulsory Third Party Motor
Vehicle Accident:  VIC, WA, TAS,NT(monopolies); NSW, QLD, SA,ACT(licensing, premiums/ policy
terms).
Workers Compensation:  SA, VIC,
QLD monopolies); NSW, WA,TAS (licensing, premiums/ policyterms).
Comcare is the monopoly provider
of workers' compensationinsurance to CommonwealthGovernment employees.3) Sub-national guarantees are provided to some
State and Territory Insurance Offices.S/DCS/W/AUS
Page 25Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
4) The temporary entry of specialists in the
operation of an insurance service supplierestablished in Australia is permitted subject tothe terms stipulated in the horizontal section.
B. Banking and Other
financial service
(excluding insurance)1) The investment at interest in Australia of
official reserves by foreign central banks and
foreign government monetary institutions isapproved by the Reserve Bank provided that itobtains assurance from the investing authority that it will aim to be a stable holder of the 
Australian dollar and that it will consult with 
the Bank in the event of significant changes inits Australian dollar portfolio.  Monetary institutions, responsible for both reserve assetsand commercial investments, are permitted to invest in Australia up to a limit under the same
conditions.
1), 3) 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 $A500,000 and the securities and any information memoranda clearly state the issuing bank 
is not authorised under the Banking Act in
Australia.S/DCS/W/AUS
Page 26Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
1), 3)  Dealings in foreign exchange in Australia
must be carried out through a dealerauthorised by the Reserve Bank.  Only banks,including branches of overseas banks, andfinancial institutions incorporated in Australia
with the required minimum capital base are
eligible to seek authorization as a foreignexchange dealer.
3) Foreign banks satisfying prudential
requirements and that are able to demonstrate
their potential contribution to competition in
Australia may conduct banking in Australia.Foreign banks may undertake bankingoperations in Australia through locallyincorporated subsidiaries and/or an authorisedbranch.  However, a branch may not accept
"retail" deposits.  A foreign bank wishing to
accept "retail" deposits must seekauthorization as a locally incorporatedsubsidiary for that purpose.  Foreign bankbranches may accept deposits (and otherfunds) in any amount from incorporated
entities, non-residents and their own
employees.  Deposits (and other funds) mayonly be accepted from other sources where theinitial deposit (or other funds) is greater than$A250,000.  Deposit-taking outside of this isconsidered to be "retail" banking business.3) Commonwealth owned entities which may 
conduct financial operations are guaranteed by 
the Commonwealth Government.  While the 
Commonwealth sold its remaining shareholdingin 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.S/DCS/W/AUS
Page 27Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
1), 3) A number of State and Territory
Governments operate central financingauthorities through which the Government'swholly or partly-owned statutory authoritiesand business enterprises are obliged to borrow
(and in some cases invest) their funds, or
otherwise obtain certain financial services:
SA - South Australian Government Financing
Authority, Local Government Finance
Authority of South Australia
TAS - TascorpNSW - NSW Treasury CorporationVIC - Treasury Corporation of VictoriaQLD - Queensland Treasury Corporation,Queensland Investment Corporation
NT - Northern Territory Treasury Corporation
WA - Western Australian TreasuryCorporation1), 3)The financial operations of some State or
Territory owned entities may be guaranteed bythe State or Territory Governments.  A numberof State and Territory Governments have alsoprovided transitional guarantees to some of the
assets and liabilities of former State-owned or
controlled banks.
3) The provisions of the Trust Bank
(Corporatisation) Act 1997  dealing with the
Trust Bank of Tasmania may require a joint
venture arrangement.3) The provisions of the Act require that at least a
majority of the directors of the Trust Bank beresident in Tasmania and that policy and control
of the Trust Bank be exercised in Tasmania.
3) The Australian Stock Exchange liquid capital
requirements for stockbrokers may have theeffect of favouring participation in theExchange by subsidiaries rather than branches
of foreign companies.
An applicant must be a body corporate in
order to obtain approval to conduct a stockexchange or a futures exchange.3) A majority of the directors of a stockbroking
organisation participating in the AustralianStock Exchange must be Australian residents.S/DCS/W/AUS
Page 28Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
4) The temporary entry of specialists in the
operation of a financial service supplierestablished in Australia is permitted subject tothe terms stipulated in the horizontal section.
8. HEALTH-RELATED 
AND SOCIAL 
SERVICES
B. Other human health 
services
(93199**)1) Unbound
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) Unbound
2) None3) None
4) Unbound except as indicated in the horizontal
section.
Permanent residency requirement for 
chiropodists (South Australia).
Permanent residency requirement for 
podiastrists (Western Australia).
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.
9. TOURISM AND 
TRAVEL RELATED SERVICES
A. Hotels and restaurants
(641, 642, 643)1) Unbound*
2) None
3) None
4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None
3) None
4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 29Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
B. Travel agencies and  tour
operator services
(7471)1) Commercial presence required
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
C. Tourist guide services
(7472)1) None
2) None3) None4) Unbound, except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound, except as indicated in the 
horizontal section.
10. RECREATIONAL,
CULTURAL AND SPORTING SERVICES
B. News agency services
(962)1) None
2) None3) None
4) Unbound, except as indicated in the 
horizontal section.1) None
2) None3) None
4) Unbound, except as indicated in the 
horizontal section.
D. Sporting and other 
recreational services
Sporting services
(9641) 1) None
2) None3) None4) Unbound, except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound, except as indicated in the 
horizontal section.
Other recreationalservices(96491)1) None
2) None3) None4) Unbound, except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound, except as indicated in the 
horizontal section.
Covers recreation park and beach servicesS/DCS/W/AUS
Page 30Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
11. TRANSPORT 
SERVICES
A. Maritime transport 
services
International transport(freight
and passengers)(7211 and 7212 less cabotage and offshore 
transport - as defined in 
Attachment A)1) a) Liner Shipping:  Part X of the Trade
Practices Act 1974 requires that every ocean
carrier who provides international liner cargo
shipping services to or from Australia shall, at all times, be represented for the purpose of the
Act, by a person who is an individual resident in
Australia; has been appointed by the oceancarrier as the ocean carrier's agent for thepurposes of the Act, and is specified in theregister of ocean carrier agents as the ocean
carrier's agent.1) a) Part X of the Trade Practices Act 1974
allows Australian flag operators to apply to the
Trade Practices Commission to examine whetherconference a members and non-conferenceoperators with substantial market power are
hindering Australian flaga shipping operators
from engaging efficiently in the provision ofoutward liner cargo services to an extent which isreasonable.
1) b) Bulk, tramp and other international
shipping, including international passenger transportation:  None.
2) None1) b)None
2) None
3) a) Establishment of registered company for
the purpose of operating a fleet under thenational flag of Australia:  nationality requirements for ownership and registration of vessels as defined by the
Shipping Registration Act 1981.3) a) Unbound
3) b)Other forms of commercial presence for
the supply of international maritime transport services (as defined in Attachment A):  None3) b)None
4) a) Ships crews:  Unbound except as
indicated in the horizontal section.4) a)Unbound except as indicated in the horizontal
section.
4) b) Key shore personnel:  Unbound except as
indicated in the horizontal section.4) b)Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 31Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
International rental of 
vessels with crew (less cabotage and offshore transport - as defined in Attachment A)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
Maritime auxiliary services
Storage and warehousing services (742)1) Unbound*
2) None3) None
4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None3) None
4) Unbound except as indicated in the 
horizontal section.
Maritime freight forwarding services (as defined in Attachment A)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
Preshipment inspection 
(as defined in Attachment A)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
C. Air Transport Services
d) Maintenance and repair 
of aircraft (8868**)1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 32Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
Covers establishments 
mainly engaged in periodic maintenance and repair (routine and emergency) of airframes (including wings, 
doors, control surfaces) 
avionics, engines and enginecomponents, 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.
Computer reservation systems(7523**)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 33Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
Activities of establishments 
engaged in providing and maintaining computer reservation to otherenterprises engaged in the 
provision of travel agency 
services, including transportand accommodation booking, tour and travel wholesaling/retailing - to 
establishments engaged in 
providing reservation services (such as travel agencies etc.).  CRS services related to air carriers include the 
provision of information on 
air carrier schedules, space availability and tariffs.
F. Road transport services
a) Passenger transportation
(71213, 71214, 7122)1) Unbound
2) None
3) None
4) Unbound except as indicated in the 
horizontal section.1) Unbound
2) None
3) None
4) Unbound except as indicated in the 
horizontal section.
Does not include regular urban bus servicesS/DCS/W/AUS
Page 34Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
b) Freight transportation
(71231, 71232, 71233, 71234)1) Unbound
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) Unbound
2) None3) None4) Unbound except as indicated in the 
horizontal section.
G. Pipeline transport
a) Transportation of fuels
(7131)1) None
2) None3) None4) Unbound except as indicated in  the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in  the 
horizontal section.
b) Transportation of other 
goods (7139)1) None
2) None3) None4) Unbound except as indicated in  the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in  the 
horizontal section.
H. Services auxiliary to all 
modes of transport
b) Storage and warehouse 
services(742 excluding maritime)1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) Unbound*
2) None3) None4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 35Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
c) Freight Forwarding
(748 excluding maritime)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.
d) Preshipment inspection 
(749 excluding maritime)1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.1) None
2) None3) None4) Unbound except as indicated in the 
horizontal section.S/DCS/W/AUS
Page 36
REFERENCE PAPER
Scope
The following are definitions and principles on the regulatory framework for the basic
telecommunications services.
Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public tel ecommunications transport network or service that:
(a) are exclusively or predominantly prov ided by a single or limited number of 
suppliers;  and
(b) cannot feasibly be economically or technically substituted in order to provide a 
service.
A major supplier is a supplier which has the ability to materially affect the terms of participation (having
regard to price and supply) in the relevant market for basic telecommunications services as a result of:
(a) control over essential facilities;  or
(b) use of its position in the market.
1. Competitive safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or
together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) engaging in anti-competitive cross-subsidization;
(b) using information obtained from compe titors with anti-competitive results;  and
(c) not making available other services suppl iers on a timely basis technical information 
about essential facilities and commercially relevant information which are necessary for
them to provide services
2. Interconnection
2.1 This section applies to linking with supplie rs providing public telecommunications transport
networks or services in order to allow the users of one supplier to communicate with users of another
supplier and to access services provided by a nother supplier, where specific commitments are
undertaken.S/DCS/W/AUS
Page 37
2.2 Interconnection to be ensured1
Interconnection with a major supplier will be ensured at any technically feasible point in the
network.  Such interconnection is provided.
(a) under non-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided 
for its own like services or for like services of non-affiliated service suppliers 
or for its subsidiaries or other affiliates2;
(b) in a timely fashion, on terms, conditions  (including techni cal standards and 
specifications) and cost-oriented rates3 that are transparent, reasonable, having 
regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for 
the service to be provided;  and
(c) upon request, at points in addition to the network termination points offered to 
the majority of users, subject to charges that reflect the cost of construction of 
necessary additional facilities.
2.3 Public availability of the proced ures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection agreements
or a reference interconnection offer.
2.5 Interconnection:  dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:
(a) at any time or
(b) after a reasonable period of time which has been made publicly known
to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below,
to resolve disputes regarding appropriate terms,  conditions and rates for interconnection within a
reasonable period of time, to the extent that these have not been established previously.
                                                     
1 The interconnection regime to apply in Australia from 1 July 1997 (subject to Parliamentary passage of the
necessary legislation) will provide access on terms and c onditions which are fair and reasonable to all parties and which do not
unfairly discriminate between users.  Access rights will be guaranteed by legislation and the terms and conditions of access wi ll
be established primarily through processes of commercial negotiation or by reference to access undertakings given by access
providers which may draw upon an industry code of practice. Any code of practice and each access provider's undertaking willbe subject to approval by the independent regulator.
2 Non-discrimination is taken to mean on an MFN and Nationa l Treatment basis.  In the fully competitive market in
Australia, the rate at which interconnection is provided is dete rmined by negotiation.  Both negotiating parties have recourse to
an independent arbitrator which will make a decision based on transparent criteria to ensure that rates are fair and reasonable  in
the circumstances.
3 The independent arbitrator may resolve any dispute on what costs are relevant in determining rates (see footnote 2).S/DCS/W/AUS
Page 38
3. Universal service
Any Member has the right to define the kind of uni versal service obligation it wishes to maintain.
Such obligations will not be regarded as anti-competitive per se , provided they are administered in a
transparent, non-discriminatory and competitively neutral manner and are not more burdensome than
necessary for the kind of universal service defined by the Member.
4. Public availability of licensing criteria
Where a licence is required, the following will be made publicly available:(a) all the licensing criteria and the period of time normally required to reach a decision
concerning an application for a licence;  and
(b) the terms and conditions of individual licences.The reasons for the denial of a licence will be made known to the applicant upon request.
5. Independent regulators
The regulatory body is separate from, and not accountable to, any supplier of basic
telecommunications services. The decisions of and the procedures used by regulators shall be impartial
with respect to all market participants.
6. Allocation and use of scarce resources
Any procedures for the allocation and use of sc arce resources, including frequencies, numbers and
rights of way, will be carried out in an objectiv e, timely, transparent and non-discriminatory manner.
The current state of allocated frequency bands will be made publicly available, but detailed
identification of frequencies allocated for specific government uses is not required.
__________S/DCS/W/AUS
Page 39
ATTACHMENT A
DEFINITIONS
1. Cabotage: for the purposes of this Schedule onl y, cabotage is defined as the transportation of
passengers or goods between a port located in Aust ralia 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 as sociated with or incidental to, the exploration
or exploitation of natural resources of the continenta l shelf of Australia, the seabed of the Australian
coastal sea and the subsoil of that seabed.
2. Other Forms of Commercial Presence for the Supply of International Maritime Transport Services:
for the purposes of this Schedule, means the abil ity 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 integrat ed transport service, within which the maritime
transport constitutes a substantial element.  Th is 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 invoicin g, 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 beha lf of their customers (and the resale to
their customers) of any transport and rela ted services, including inward transport
services by any mode, particularly inland wa terways, road and rail, necessary for the
supply of the integrated service;
- the preparation of documentation concerni ng 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 inte rchange (subject to the provisions of the
Annex on Telecommunications);
- 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 commitm ent 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.
3. 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.S/DCS/W/AUS
Page 40
4. Maritime Freight Forwarding Services: the organi sation 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.
5. Preshipment 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), and/or the
customs classification of goods to be exported.  Does not include customs or quarantine inspection.S/DCS/W/AUS
Page 41
UNDERSTANDING ON COMMITMENTS IN FINANCIAL SERVICES
Participants in the Uruguay Round have been enab led to take on specific commitments with respect
to Financial Services under the General Agreement on Trade in Services (hereinafter referred to as the
"Agreement") on the basis of an alternative approach to  that covered by the provisions of Part III of the
Agreement.  It was agreed that this approach co uld be applied subject to the following understanding:
i) it does not conflict with the provisions of the Agreement;ii) it does not prejudice the right of any Member to schedule its specific commitments in
accordance with the approach under Part III of the Agreement;
iii) resulting specific commitments shall apply on a most-favoured-nation basis;
iv) no presumption has been created as to the degree of liberalization to which a Member is
committing itself under the Agreement.
Interested Members, on the basis of negotiations, and subject to conditions and qualifications where
specified, have inscribed in their schedule specific commitments conforming to the approach set out
below.
A. Standstill
Any conditions, limitations and qualifications to the commitments noted below shall be limited to
existing non-conforming measures.
B. Market Access
Monopoly Rights
1. In addition to Article VIII of the Agreement, the following shall apply:
Each Member shall list in its schedule pertaining to financial services existing monopoly rights and
shall endeavour to eliminate them or reduce thei r scope.  Notwithstanding subparagraph 1 b) of
the Annex on Financial Services, this paragraph applies to the activities referred to in
subparagraph 1 b) iii) of the Annex.
Financial Services purchased by Public Entities
2. Notwithstanding Article XIII of the Agreemen t, each Member shall ensure that financial service
suppliers of any other Member established in its territory are accorded most-favoured-nation treatment
and national treatment as regards the purchase or ac quisition of financial services by public entities of
the Member in its territory.
Cross-border Trade
3. Each Member shall permit non-resident suppliers of  financial services to supply, as a principal,
through an intermediary or as an intermediary, and under terms and conditions that accord national
treatment, the following services:S/DCS/W/AUS
Page 42
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
subparagraph 5 a) iv) of the Annex;
c) provision and transfer of financial information and financial data processing as referred
to in subparagraph 5 a) xv) of the Annex and advisory and other auxiliary services,
excluding intermediation, relating to banking and other financial services as referred to
in subparagraph 5 a) xvi) of the Annex.
4. Each Member shall permit its residents to purch ase in the territory of any other Member the
financial services indicated in:
a) subparagraph 3 a);b) subparagraph 3 b);  andc) subparagraphs 5 a) v) to  xvi) of the Annex.Commercial Presence
5. Each Member shall grant financial service supplie rs of any other Member the right to establish or
expand within its territory, including through the acquisition of existing enterprises, a commercial
presence.
6. A Member may impose terms, conditions and procedures for authorization of the establishment and
expansion of a commercial presence in so far as they do not circumvent the Member's obligation under
paragraph 5 and they are consistent with the other obligations of this Agreement.
New Financial Services
7. A Member shall permit financial service suppliers of any other Member established in its territory to
offer in its territory any new financial service.
Transfers of Information and Processing of Information
8. No Member shall take measures that prevent transf ers of information or the processing of financial
information, including transfers of data by electro nic means, or that, subject to importation rules
consistent with international agreements, prevent transfers of equipment, where such transfers of
information, processing of financial information or transfers of equipment are necessary for the conduct
of the ordinary business of a financial service supplier.   Nothing in this paragraph restricts the right of a
Member to protect personal data, personal privacy and the confidentiality of individual records and
accounts so long as such right is not used to  circumvent the provisions of the Agreement.S/DCS/W/AUS
Page 43
Temporary Entry of Personnel
9. a) Each Member shall permit temporary entry into its territory of the following personnel
of a financial service supplier of any other Member that is establishing or has
established a commercial presence in the territory of the Member:
i) senior managerial personnel possessing proprietary information
essential to the establishment, control and operation of the services of the
financial service supplier;  and
ii) specialists in the operation of the financial service supplier.
b) Each Member shall permit, subject to th e availability of qualified personnel in its
territory, temporary entry into its territory of the following personne l associated with a
commercial presence of a financial service supplier of any other Member:
i) specialists in computer services, telecommunication services and
accounts of the financial service supplier;  and
ii) actuarial and legal specialists.
Non-discriminatory Measures
10. Each Member shall endeavour to remove or to  limit any significant adverse effects on financial
service suppliers of any other Member of:
a) non-discriminatory measures that prevent financial service suppliers from offering in
the Member's territory, in the form determin ed by the Member, all the financial services
permitted by the Member;
b) non-discriminatory measures that limit the expansion of the activities of financial
service suppliers into the enti re territory of the Member;
c) measures of a Member, when such a Member applies the same measures to the supply
of both banking and securities services, and a financial service supplier of any other
Member concentrates its activities in the provision of securities services;  and
d) other measures that, although respecting th e provisions of this Agreement, affect
adversely the ability of financial service s uppliers of any other Member to operate,
compete or enter the Member's market;
provided that any action taken under this para graph would not unfairly discriminate against
financial service suppliers of the Member taking such action.
11. With respect to the non-discriminatory measures referred to in sub-paragraphs 10 a) and b), a
Member shall endeavour not to limit or restrict the present degree of market opportunities nor the
benefits already enjoyed by financial service suppliers of all other Members as a class in the territory of
the Member, provided that this commitment does not  result in unfair discrimination against financial
service suppliers of the Member applying such measures.S/DCS/W/AUS
Page 44
C. National Treatment
1. Under terms and conditions that accord national tr eatment, each Member shall grant to financial
service suppliers of any other Member established in its territory access to payment and clearing systems
operated by public entities, and to official funding and refinancing facilities available in the normal
course of ordinary business.  This paragraph is not intended to confer access to the Member's lender oflast resort facilities.
2. When membership or participation in, or access t o, any self-regulatory body, securities or futures
exchange or market, clearing agency, or any other organization or association, is required by a Member
in order for financial service suppliers of any other Member to supply financial services on an equal
basis with financial service suppliers of the Member, or when the Member provid es directly or indirectly
such entities, privileges or advantages in supplying financial services, the Member shall ensure that such
entities accord national treatment to financial servi ce suppliers of any other Member resident in the
territory of the Member.
D. Definitions
For the purposes of this approach:
1. A non-resident supplier of financial services is a financial service supplier of a Member which
supplies a financial service into the territory of a nother Member from an establishment located in the
territory of another Member, regardless of whether such a financial service supplier has or has not acommercial presence in the territory of the Memb er in which the financial service is supplied.
2. "Commercial presence" means an en terprise within a Member's territo ry for the supply of financial
services and includes wholly- or partly-owned subsidiaries, joint ventures, partnerships, sole
proprietorships, franchising operations, branches, agen cies, representative offices or other organizations.
3. A new financial service is a service of a financial nature, including services related to existing and
new products or the manner in which a product is delivered, that is not supplied by any financial service
supplier in the territory of a particular Member but which is supplied in the territory of another Member.S/DCS/W/AUS
Page 45AUSTRALIA – LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions creating the need
for the exemption
Audiovisual Services Under the Australian
Government Co-production
programme, Australia
maintains preferential co-production arrangements forfilm and televisionproductions.  Official co-
production status, which may
be granted to a co-productionproduced under these co-production arrangements,confers national treatment onworks covered by these
arrangements, including in
respect of access to financeand tax concessions andsimplified requirements forthe temporary entry of skilledpersonnel into Australia for
the purposes of the co-
production.Italy, UK, Canada and France
and any other country where
cultural co-operation might be
desirable and which isprepared to exchangepreferential treatment on theterms and conditions specified
in the Australian co-
production programmeIndefinite To promote collaborative
efforts between Australian and
foreign film producers and
general cultural links
Audiovisual Services Measures taken to respond to
any unreasonable measuresimposed on Australian
services or service suppliers
by another MemberMembers maintaining MFN
exemptions which provide forunreasonable unilateral actionsThis exemption will only be
activated in the event of anyother Member maintaining
exemptions which provide for
unreasonable unilateral actionTo protect Australia from any
unreasonable unilateral actionsfrom other Members
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