WORLD TRADE  
ORGANIZATION  TN/S/W/48 
30 June 2005 
 
 (05-2824) 
Council for Trade in Services 
Special Session Original:   English 
 
 
 
COMMUNICATION FROM AUSTRALIA 
 
Transparency Template - Australia’s Revised Horizontal Mode 4 Offer  
 
 The following communication, dated 30 June 20 05, from the delegation of Australia is being 
circulated to the Members of th e Council for Trade in Services. 
 
_______________ 
 
 1. Australia promotes greater transparency of hor izontal mode 4 commitments through the use 
of a transparency template as proposed by Canada.  The attached template provides electronic links to 
Australia’s immigration laws, regulations, polic ies and administrative guidelines relevant to 
Australia’s current horizontal commitment s and revised offer covering mode 4. 
2. The details collated and included in the temp late provides links to readily available 
information that will give a detailed understanding  of the comprehensive nature of Australia’s 
horizontal commitments and revised offer in mode  4 as well as details and an understanding of the 
processes involved in accessing Australia’s temporar y entry provisions applicable to foreign service 
suppliers.  This information is pr ovided for purposes of transparency and neither interprets nor forms 
part of Australia’s specific commitments. 
3. Australia encourages other Members with hori zontal mode 4 commitments to consider 
completing the transparency template. 
  
 TN/S/W/48 
Page 2  
Horizontal Mode 4 Commitments and 
Revised Offer Law Regulations Administrative 
Guidelines Other Public 
Information 
4) Unbound except for measures concerning the entry and temp orary stay of natural persons in the following categories: 1 
 
(a) Intra-corporate transferees as: 
 
(i) 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 the company's 
operations in Australia, receiving general 
supervision or direction principally from higher 
level executives, the board of directors or 
stockholders of the business, including directing 
the company or a department or subdivision of it; 
supervising and controllin g the work of other 
supervisory, professional or managerial employees; 
and having the authority to establish goals and 
policies of the department or subdivision of the 
company. 
 
Entry and stay of such natural persons is subject to 
employer sponsorship.  Employer sponsorship 
requirements for this category include minimum 
skill levels in a gazetted occupation and 
sponsorship by a bona fide business operating 
lawfully and actively in Australia.  Employer 
sponsorship requirements may change from time 
to time.  Full details of employer sponsorship 
requirements, including the list of gazetted 
occupations, are available on the website of the 
Australian government depa rtment responsible for 
immigration matters.  (As at May 2005, the address 
of that website was www.immi.gov.au). 
 Migration Act 1958 at 
http://www.comlaw.go
v.au/ComLaw/Legislati
on/ActCompilation1.ns
f/current/bytitle/FA8C1
020B9E2BF26CA2570
0000126D38?OpenDoc
ument&mostrecent=1   
Volume 1 Section 29 
(Authority to grant 
visas) and Section 140D (Employer Sponsorship approval) Migration regulations at 
http://www.comlaw.gov.au/c
omlaw/legislation/legislativei
nstrumentcompilation1.nsf/cu
rrent/bytitle/7FBFD4E9EDC
01805CA257026001EE4E0?
OpenDocument&mostrecent=
1  
Volume 4 Schedule 2 
(subclass 457) 
 Gazette notice specifying salary threshold and occupations for employer 
sponsored temporary entrants: 
See latest Gazette Notice entitled 
“Specification of Minimum Salary Level 
for the Purposes of Regulation 1.20b, and Occupations for the Purposes of 
Subregulation 1.20g(2) and 
Subparagraph 1.20GA(1)(a)(i) of the Migration Regulations 1994 ” 
 
http://www.immi.gov.au/legis
lation/gazettals/index.htm  
 Procedures Advice 
Manual 3. Available by subscription from http://www.immi.gov
.au/legend/index.htm
#x  Business Visits to 
Australia http://www.immi.gov
.au/allforms/visiting_
business.htm   
 Sponsoring a Temporary Overseas Employee to 
Australia (Booklet 
11) http://www.immi.gov
.au/allforms/books11.
htm  
 
Working as a Business Person [in Australia] - Frequently Asked 
Questions 
http://www.immi.gov
.au/faq/work/work01.
htm  
                                                      
 1 These commitments do not apply in ca ses of labour/management dispute.   
  
  TN/S/W/48
 Page 3Horizontal Mode 4 Commitments and 
Revised Offer Law Regulations Administrative 
Guidelines Other Public 
Information 
Entry is for periods of stay up to four years, with 
provision for an extension. 
 
(ii) Specialists, being natural persons with 
advanced trade, technical or professional skills 
who are employees of a bona fide business 
operating lawfully and actively in Australia and 
who have been employed by that company for not 
less than two years.  
Entry and stay of such natural persons is subject to 
employer sponsorship by th e employing company.  
Employer sponsorship requirements for this 
category include an asse ssment that the natural 
person seeking entr y has the necessary 
qualifications, skills and work experience accepted 
by the relevant authority as meeting the Australian 
standards for his or her nominated occupation, 
which must fall within the list of gazetted 
occupations.  Employer sponsorship requirements 
may change from time to time.  Full details of 
employer sponsorship requirements, including the 
list of gazetted occupations, are available on the 
website of the Australian government department 
responsible for immigration matters. (As at May 
2005, the address of that website was 
www.immi.gov.au.) 
 
Entry is for periods of stay up to two years, with 
provision for an extension. 
  
 TN/S/W/48 
Page 4 Horizontal Mode 4 Commitments and 
Revised Offer Law Regulations Administrative 
Guidelines Other Public 
Information 
(b) Independent executives being natural 
persons whose work responsibilities match the 
description set out below and who intend, or are 
responsible for, the estab lishment in Australia, of a 
new business of a service supplier which has its 
head of operations in the territory of another 
Member and which has no other representative, 
branch or subsidiary in Australia.  Independent 
executives will be responsible for the entire or a 
substantial part of the company's operations in 
Australia, receiving general supervision or 
direction principally from higher level executives, 
the board of directors or stockholders of the 
business, including direct ing the company or a 
department or subdivision 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 subdivision of the company. 
 
Entry and stay of such natural persons is subject to 
employer sponsorship. Employer sponsorship 
requirements for this category include minimum 
skill levels in a gazetted occupation and 
sponsorship by a bona fide overseas business or by 
a State or Territory Government of Australia.  
Employer sponsorship requirements may change 
from time to time.  Full details of employer 
sponsorship requirements, including the list of 
gazetted occupations, are available on the website 
of the Australian government department 
responsible for immigration matters. (As at May 
2005, the address of that website was 
www.immi.gov.au .) 
 
Entry is for periods of stay up to a maximum of 
two years. 
 Migration Act 1958 at 
http://www.comlaw.go
v.au/ComLaw/Legislati
on/ActCompilation1.ns
f/current/bytitle/FA8C1
020B9E2BF26CA2570
0000126D38?OpenDoc
ument&mostrecent=1   
Volume 1 Section 29 (Authority to grant visas) and Section 140D (Employer Sponsorship approval) Migration regulations at 
http://www.comlaw.gov.au/c
omlaw/legislation/legislativei
nstrumentcompilation1.nsf/cu
rrent/bytitle/7FBFD4E9EDC
01805CA257026001EE4E0?
OpenDocument&mostrecent=
1  
Volume 4 Schedule 2 (subclass 457)  Gazette notice specifying salary threshold and 
occupations for employer 
sponsored temporary entrants: 
See latest Gazette Notice entitled 
“Specification of Minimum Salary Level 
for the Purposes of Regulation 1.20b, 
and Occupations for the Purposes of Subregulation 1.20g(2) and 
Subparagraph 1.20GA(1)(a)(i) of the 
Migration Regulations 1994 ” 
 
http://www.immi.gov.au/legis
lation/gazettals/index.htm  Procedures Advice 
Manual 3. Available 
by subscription from 
http://www.immi.gov
.au/legend/index.htm
#x  Business Visits to 
Australia 
http://www.immi.gov
.au/allforms/visiting_
business.htm   
 Sponsoring a 
Temporary Overseas 
Employee to Australia (Booklet 11) http://www.immi.gov
.au/allforms/books11.
htm  
 Working as a Business Person [in Australia] - 
Frequently Asked 
Questions http://www.immi.gov
.au/faq/work/work01.
htm   
  TN/S/W/48
 Page 5Horizontal Mode 4 Commitments and 
Revised Offer Law Regulations Administrative 
Guidelines Other Public 
Information 
(c) Business visitors being  
natural persons seeking to  travel to Australia for 
business purposes whose remuneration and 
financial support for the du ration of the visit must 
be derived from sources outside Austra lia and who 
must not engage in making direct sales to the 
general public or in supplying the services 
themselves. Business visitors comprise: 
 
(i) Service sellers, as business visitors 
being natural persons not based in Australia who 
are (sales) representatives of a service 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. 
 
Entry is for periods of stay up to six months, with 
provision for an extension.  
(ii) Business visitors, be ing natural persons seeking 
to travel to Australia for the purpose of 
participating in business ne gotiations or meetings. 
 
Entry is for periods of stay up to a maximum of 
three months. 
 Migration Act 1958 at 
http://www.comlaw.go
v.au/ComLaw/Legislati
on/ActCompilation1.ns
f/current/bytitle/FA8C1
020B9E2BF26CA2570
0000126D38?OpenDoc
ument&mostrecent=1   
Volume 1 Section 29 (Authority to grant visas) Migration regulations at 
http://www.comlaw.gov.au/c
omlaw/legislation/legislativei
nstrumentcompilation1.nsf/cu
rrent/bytitle/7FBFD4E9EDC
01805CA257026001EE4E0?
OpenDocument&mostrecent=
1  
Volume 4 Schedule 2 (subclass 456 or  subclass 457) Procedures Advice 
Manual 3. Available 
by subscription from 
http://www.immi.gov
.au/legend/index.htm
#x  Business Visits to 
Australia 
http://www.immi.gov
.au/allforms/visiting_
business.htm   
 Sponsoring a 
Temporary Overseas 
Employee to Australia (Booklet 11) http://www.immi.gov
.au/allforms/books11.
htm  
 Working as a Business Person [in Australia] - 
Frequently Asked 
Questions http://www.immi.gov
.au/faq/work/work01.
htm   
 TN/S/W/48 
Page 6 Horizontal Mode 4 Commitments and 
Revised Offer Law Regulations Administrative 
Guidelines Other Public 
Information 
(d) Contractual service suppliers (including 
independent professionals/specialists). 
 
Contractual service suppli ers (CSS) being natural 
persons with trade, techni cal or professional skills. 
 
Entry and stay of such natural persons is subject to 
employer sponsorship. Employer sponsorship 
requirements for this category include sponsorship 
by a bona fide overseas business or business 
operating lawfully and actively in Australia and a 
contract for the supply  of a service within 
Australia.  That business must have engaged the 
natural person seeking entry and must intend that 
person to assist in fulf illing its Australian services 
contract. The natural person seeking entry must be 
assessed as having the n ecessary qualifications, 
skills and work experience accepted as meeting the 
Australian standards for his or her nominated 
occupation, which must fall within the list of 
gazetted occupations. Employer sponsorship 
requirements may change from time to time.  Full 
details of employer sp onsorship requirements, 
including the list of gazetted occupations, are 
available on the webs ite of the Australian 
government department responsible for 
immigration matters . (As at May 2005, the address 
of that website was www.immi.gov.au .) 
 
Entry is for periods of stay up to 12 months, with 
provision for an extension. Migration Act 1958 at 
http://www.comlaw.go
v.au/ComLaw/Legislati
on/ActCompilation1.ns
f/current/bytitle/FA8C1
020B9E2BF26CA2570
0000126D38?OpenDoc
ument&mostrecent=1   
Volume 1 Section 29 (Authority to grant visas) and Section 140D (Employer Sponsorship approval) Migration regulations at 
http://www.comlaw.gov.au/c
omlaw/legislation/legislativei
nstrumentcompilation1.nsf/cu
rrent/bytitle/7FBFD4E9EDC
01805CA257026001EE4E0?
OpenDocument&mostrecent=
1  
Volume 4 Schedule 2 (subclass 457)  Gazette notice specifying salary threshold and 
occupations for employer 
sponsored temporary entrants: 
See latest Gazette Notice entitled 
“Specification of Minimum Salary Level 
for the Purposes of Regulation 1.20b, 
and Occupations for the Purposes of Subregulation 1.20g(2) and 
Subparagraph 1.20GA(1)(a)(i) of the 
Migration Regulations 1994 ” 
 
http://www.immi.gov.au/legis
lation/gazettals/index.htm  Procedures Advice 
Manual 3. Available 
by subscription from 
http://www.immi.gov
.au/legend/index.htm
#x  Business Visits to 
Australia 
http://www.immi.gov
.au/allforms/visiting_
business.htm   
 Sponsoring a 
Temporary Overseas 
Employee to Australia (Booklet 11) http://www.immi.gov
.au/allforms/books11.
htm  
 Working as a Business Person [in Australia] - 
Frequently Asked 
Questions http://www.immi.gov
.au/faq/work/work01.
htm   
  TN/S/W/48
 Page 7Horizontal Mode 4 Commitments and 
Revised Offer Law Regulations Administrative 
Guidelines Other Public 
Information 
(e) Other:  
Spouses of temporary entrants covered by (a), (b) 
and (d) are accorded full working rights where stay 
of those temporary entrants is greater than 12 
months 
 
For such spouses, entry and stay is for the same 
period as for the temporary entrant. 
 Migration Act 1958 at 
http://www.comlaw.go
v.au/ComLaw/Legislati
on/ActCompilation1.ns
f/current/bytitle/FA8C1
020B9E2BF26CA2570
0000126D38?OpenDoc
ument&mostrecent=1   
Volume 1 Section 29 (Authority to grant visas)  Migration regulations at 
http://www.comlaw.gov.au/c
omlaw/legislation/legislativei
nstrumentcompilation1.nsf/cu
rrent/bytitle/7FBFD4E9EDC
01805CA257026001EE4E0?
OpenDocument&mostrecent=
1  
Volume 4 Schedule 2 (subclass 457 - Secondary Criteria) Procedures Advice 
Manual 3. Available 
by subscription from 
http://www.immi.gov
.au/legend/index.htm
#x  Business Visits to 
Australia 
http://www.immi.gov
.au/allforms/visiting_
business.htm   
 Sponsoring a 
Temporary Overseas 
Employee to Australia (Booklet 11) http://www.immi.gov
.au/allforms/books11.
htm  
 Working as a Business Person [in Australia] - 
Frequently Asked 
Questions http://www.immi.gov
.au/faq/work/work01.
htm  
  
__________