 
  ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  S/DCS/W/AUS 
24 de enero de 2003 
 (03-0450) 
Comercio de Servicios Original:   inglés 
  
 
AUSTRALIA 
 
Proyecto de Lista refundida de Compromisos Específicos
1 
 
 
 El documento adjunto contiene un proyect o de la Lista refundida de Compromisos 
Específicos de Australia, en formato Word.  Este documento no sustituye los compromisos 
jurídicamente vinculantes contraídos por Austra lia en su Lista de Compromisos Específicos 
(GATS/SC/6; GATS/SC/6/Suppl.2,  GATS/SC/6/Suppl.3;  GATS/SC/6/Suppl.4).  
 Adjunto al proyecto de lista refundida figur a un proyecto de Lista refundida de Exenciones 
del Artículo II (NMF) de Australia (GATS/EL/6;  GATS/EL/6/Suppl.1).   Los proyectos de la Lista y de la Lista de Exenciones del trato NMF refundidas fueron preparados por la Secretaría, a petición de lo s Miembros, para facilitar el proceso de las 
negociaciones, incluida la presentación de ofertas iniciales. 
 
_______________ 
 
 
                                                     
 
1 Este documento se ha preparado, en inglés solament e, bajo la responsabilidad de la Secretaría y sin 
perjuicio de las posiciones de los Miembros ni de sus derechos y obligaciones en el marco de la OMC. S/DCS/W/AUS 
Página 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 ** against 
individual CPC listings indicates that the service specified constitutes only a part of the total 
range of activities covered by the CPC concordance. 
 
 ii) The entry "Unbound*" means unbound due to lack of technical feasibility. 
 
 
  
  S/DCS/W/AUS
 Página 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 Limi tations on National Treatm ent Additional Commitments 
ALL SECTORS INCLUDED 
IN THIS SECTOR 3) 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 fi nancial 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 
Página 4 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 Limi tations on National Treatm ent 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  higher 
 level 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
 Página 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 Limi tations on National Treatm ent Additional Commitments 
  Service sellers 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, where  those  representatives will not be engaged in making 
 direct sales to the general public or in supplying 
 services 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 extension 
 provided 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 
Página 6 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 Limi tations on National Treatm ent Additional Commitments 
  Labour market testing is not required for (i)  
 natural persons who have specialised 
 knowledge at an advanced level of a   proprietary nature of the company's operations  
 and 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 labour  
 agreement in force at the time of application.   
 A labour agreement is an agreement between   the 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)  None 
3) 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)  None 
3)  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-sharing between foreign law 
firms and Australian 
local law firms are 
permitted in NSW, 
Victoria, Queensland and Tasmania subject to 
the foreign law firms 
satisfying certain requirements, including 
in relation to liability, 
standard of conduct and professional ethics.  
  S/DCS/W/AUS
 Página 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 Limi tations on National Treatm ent Additional Commitments 
b) Accounting, auditing  and 
book-keeping  services  
 (862) 1)  None 
2)  None 
3) Only natural persons may be registered as  auditors and liquidators. 
4) Unbound except as indicated in the 
 horizontal section. 1)  None 
2)  None 
3)  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) 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.  
d)  Architectural services 
 (8671) 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.  
e)  Engineering services 
 (8672) 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.   
f)  Integrated engineering 
 services 
 (8673) 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.  
 
g)  Urban planning 
 (86741)  
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.   
 S/DCS/W/AUS 
Página 8 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 Limi tations on National Treatm ent Additional Commitments 
 
h)  Dental services 
 (93123)  
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.  
 
i)  Veterinary services 
 (932)  
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.  
B. Computer and related 
 services     
a)  Consultancy services 
 related to the  installation of 
computer hardware 
 (841) 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.  
b)  Software implementation 
 services 
 (842) 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.  
c)  Data processing 
 services 
 (843)  
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.  
e)  Maintenance and repair 
 services of office 
 machinery and 
 equipment including  computers 
 (845)  
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.   
  S/DCS/W/AUS
 Página 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 Limi tations on National Treatm ent Additional Commitments 
C. Research and 
 development services     
 
b)  R&D services on social 
  
  sciences and humanities 
  (852)  
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 
 Permanent residency requirement for  
 psychologists (Western Australia).   
D. Real Estate Service  
a)  Involving own or 
 leased property 
 (821)  
 1) Commercial presence required 
2) Commercial presence required 
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. 
  
b)  On a fee or contract  basis 
  (822) 
 1) Commercial presence required 
2) Commercial presence required 
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.  
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 and 
offshore trades    
b)  Relating to aircraft 
 (83104) 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.   
 S/DCS/W/AUS 
Página 10 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 Limi tations on National Treatm ent Additional Commitments 
c)  Relating to other 
 transport equipment 
 (83101, 83102, 83105) 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.  
 
d)  Relating to other 
 machinery and 
 equipment 
 (83106-9)  
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.  
F. Other business 
 services  
    
a)  Advertising services 
 (87110, 87120**,  87190) 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.  
 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
 Página 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 Limi tations on National Treatm ent Additional Commitments 
b)  Market research and 
 public opinion polling 
 services 
 (864) 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. 
  
 
c)  Management 
 consulting services 
 (865)  
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.  
 
d)  Services related to 
 management consulting 
 (86601, 86609)   
 Excludes arbitration and 
 conciliation services  
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.  
f) Services incidental to 
 agriculture, hunting  and 
 forestry 
 (8811**, 8812**, 
 8814**)  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.  
 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 logging     
 S/DCS/W/AUS 
Página 12 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 Limi tations on National Treatm ent Additional Commitments 
g)  Services incidental to 
 fishing 
 (882**) 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.  
 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) 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.  
 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) 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.   
 Covers consultancy services
 related to the transmission  and distribution on a fee or 
 contract basis of electricity, 
 gaseous fuels and steam and  hot water to household, 
 industrial, commercial and 
 other users      
  S/DCS/W/AUS
 Página 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 Limi tations on National Treatm ent Additional Commitments 
k)  Placement and supply 
 services of personnel 
 (872) 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.  
 
l)  Investigation and 
 security 
 (873)  
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. 
  
m)  Related scientific and 
 technical consulting 
 services 
 (86752**, 86753)  
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.   
 S/DCS/W/AUS 
Página 14 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 Limi tations on National Treatm ent Additional Commitments 
 Assembly and assessment of 
 land and geographic related 
 information; practice of the  science of measurement; use 
 of 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) 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.  
 
p)  Photographic services 
 (875)  
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.  
 
s)  Convention services 
 (87909**)  
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.  
 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
 Página 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 Limi tations on National Treatm ent Additional Commitments 
t)  Other: 
 
  Telephone answering 
 services 
 (87903)  
 
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.  
 
  Duplicating services 
 (87904)  
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.  
 
  Translation and 
 interpretation services 
 (87905)  
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.  
 
  Mailing list  compilation 
and  mailing services 
 (87906)  
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.  
 
  Interior design  (87907)  
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.  
 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 
Página 16 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 Limi tations on National Treatm ent Additional Commitments 
2. COMMUNICATION  
 SERVICES 
 C. Telecommunications 
 
 services  
 Covers the following sub-sectors 
from the Services Sectoral 
Classification List and related CPC numbers 7521,7522,7523, 
7529**    
(a) Voice telephone services 
 (b) Packet-switched data  
 transmission services  
 (c) Circuit-switched data  
 transmission services  
 (d) Telex services  
 
(e) Telegraph services  
 
(f) Facsimile services   
g) Private leased circuit  
 services  
o) Other
 
  Digital Cellular services  
 
 Paging services  
 Personal Communications  
 Services  1) None 
 2) None 
 
3) 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  three  
 service providers (licensed mobile carriers)  
 until 30 June 1997. 
  The Government has introduced legislation  
 aimed at implementing an unlimited number of  
 basic telecommunications carrier licences   from 1 July 1997 and no sector specific foreign  
 equity limits for new carriers. Australia binds  
 itself to the outcome of this Parliamentary   process in terms of numbers of carrier licences  
 and  foreign equity applying to new carrier  
 licences. An entity holding a new carrier  
 licence must be a public body or a  
 constitutional corporation under Australian law. 
 1) None 
 2) None 
 
3) None The attached reference 
paper on regulatory principles is incorporated as 
additional commitments by 
Australia.  
  S/DCS/W/AUS
 Página 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 Limi tations on National Treatm ent Additional Commitments 
Trunked Radio System   
Services  
 Mobile Data Services  
 
Services covered by the Broadcasting Services Act 1992 
are excluded from the basic 
telecommunications sector  The 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 total 
 equity) 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 are 
 certain limits on the shar e of equity which any  
 individual 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 by 
 the 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) 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  
i) Voice mail 
 ( CPC 7523**) 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   
 S/DCS/W/AUS 
Página 18 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 Limi tations on National Treatm ent Additional Commitments 
j) On-line information and 
 data base retrieval 
 (CPC 7523**) 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  
k) Electronic data interchange 
 (EDI) 
 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  
l) Enhanced/value-added 
 facsimile services, 
 including store and retrieve 
 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  
m) Code and protocol 
 conversion 
 (CPC 7523**) 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   
  S/DCS/W/AUS
 Página 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 Limi tations on National Treatm ent Additional Commitments 
3. CONSTRUCTION AND 
RELATED ENGINEERING  
 SERVICES  
A.  General construction 
 work 
 for buildings  
  (512) 
 
  
 
B.  General construction 
 work 
 for civil  engineering  
 (513)  
 
  
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.  
 
 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 
Página 20 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 Limi tations on National Treatm ent Additional Commitments 
C.  Installation and 
 assembly work  
 (514, 516) 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.  
 
D.  Building completion and 
 finishing work  
 (517)  
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.  
4.  DISTRIBUTION 
 SERVICES    
A.  Commission agents' 
 services  
  (62113-62118) 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.  
 
B.  Wholesale trade 
 services  
 (6223-6228)  
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.  
 
C.  Retailing services  
 (631, 63212, 6322-9)  
1)  Unbound except for mail order 
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.   
Does not cover dispensing of 
pharmaceuticals     
  S/DCS/W/AUS
 Página 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 Limi tations on National Treatm ent Additional Commitments 
D.  Franchising  
  (8929) 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.  
5.  EDUCATIONAL 
 SERVICES    
B.  Secondary education 
 services  
  (922**) 1)  None 
2)  None 
3)  None 4)  Unbound except as indicated in the 
 horizontal section. 1)  None 
2)  None 
3)  Unbound 4)  Unbound except as indicated in the 
 horizontal section.  
 Covers general as well as 
technical and vocational 
education at the secondary 
level in private institutions 
    
C.  Higher education 
 services  
  (923**) 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.  
 Covers provision of private  
 tertiary education services   including at university level 
    
E.  Other education 
 services  
  (929**) 1)  None 
2)  None 
3)  None 
4)  Unbound except as indicated in the 
 horizontal section. 1)  None 
2)  None 
3)  Unbound 
4)  Unbound except as indicated in the 
 horizontal section.  
 Covers English 
 language tuition     
 S/DCS/W/AUS 
Página 22 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 Limi tations on National Treatm ent Additional Commitments 
6.  ENVIRONMENTAL 
 SERVICES 
 A.  Sewage services
 
  (9401)  
 
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.  
 
B.  Refuse disposal 
 services  
 (9402)  
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.  
 
C.  Sanitation and similar 
 services  
 (9403)  
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
 Página 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 Limi tations on National Treatm ent Additional Commitments 
 7. FINANCIAL SERVICES 
 
 Australia undertakes its specific commitments on financial servi ces in accordance with the "Under standing on Commitments in Fi nancial 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 Agreemen t and the Annex on  
 Financial Services.  The market access co mmitments with respect to "cross-border su pply" and "consumption abroad" (as describe d 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 Unde rstanding, respectively. 
  These specific commitments on financial services are subject to the general limitations contained in the "Horizontal Commitmen ts" section of Australia's GATS  
 Schedule. 
 
A. Insurance and   
 insurance-related   
 services  3) 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-incorporated  
 entity must appoint an Australian resident as  
 agent of the insurer.  
 
 
  
 
  
 
 
 
    
 S/DCS/W/AUS 
Página 24 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 Limi tations on National Treatm ent Additional Commitments 
 3)  Most State and Territory Governments  
 maintain restrictions, by way of monopolies or 
 licensing provisions an d associated controls  
 on premiums and other terms of policies, in  
 the 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/ policy terms). 
 
  Comcare is the monopoly provider 
of workers' compensation 
insurance to Commonwealth 
Government employees. 
 3) Sub-national guarantees are provided to some  
 State and Territory Insurance Offices.   
  S/DCS/W/AUS
 Página 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 Limi tations on National Treatm ent Additional Commitments 
 4) The temporary entry of specialists in the  
 operation of an insurance service supplier  
 established in Australia is permitted subject to   the 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 is 
 approved by the Reserve Bank provided that it 
 obtains 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 in  its Australian dollar portfolio.  Monetary 
 institutions, responsible for both reserve assets 
 and 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 
Página 26 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 Limi tations on National Treatm ent Additional Commitments 
 1), 3)  Dealings in foreign exchange in Australia 
 must be carried out through a dealer  
 authorised by the Reserve Bank.  Only banks,   including branches of overseas banks, and  
 financial institutions incorporated in Australia  
 with the required minimum capital base are   eligible to seek authorization as a foreign  
 exchange dealer. 
   
 3) Foreign banks satisfying prudential  
 requirements and that ar e able to demonstrate  
 their potential contribution to competition in  
 Australia may conduct banking in Australia.    Foreign banks may undertake banking  
 operations in Australia through locally  
 incorporated subsidiaries and/or an authorised   branch.  However, a branch may not accept  
 "retail" deposits.  A foreign bank wishing to  
 accept "retail" deposits must seek   authorization as a locally incorporated  
 subsidiary for that purpose.  Foreign bank  
 branches may accept deposits (and other  
 funds) in any amount from incorporated  
 entities, non-residents and their own   employees.  Deposits (and other funds) may  
 only be accepted from other sources where the 
 initial deposit (or other funds) is greater than   $A250,000.  Deposit-taking outside of this is  
 considered 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 shareholding  in 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
 Página 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 Limi tations on National Treatm ent Additional Commitments 
 1), 3) A number of State and Territory  
 Governments operate central financing  
 authorities through which the Government's   wholly or partly-owned statutory authorities  
 and 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 - Tascorp  NSW - NSW Treasury Corporation 
 VIC - Treasury Corporation of Victoria 
 QLD - Queensland Treasury Corporation,   Queensland Investment Corporation 
 NT - Northern Territory Treasury Corporation 
 WA - Western Australian Treasury   Corporation 1), 3)The financial operations of some State or  
 Territory owned entities may be guaranteed by  
 the State or Territory Governments.  A number   of State and Territory Governments have also  
 provided 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 be  
 resident 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 the   effect of favouring participation in the  
 Exchange by subsidiaries rather than branches  
 of foreign companies.  
 An applicant must be a body corporate in  
 order to obtain approval to conduct a stock   exchange or a futures exchange. 3) A majority of the directors of a stockbroking  
 organisation participating in the Australian   Stock Exchange must be Australian residents.   
 S/DCS/W/AUS 
Página 28 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 Limi tations on National Treatm ent Additional Commitments 
 4) The temporary entry of specialists in the  
 operation of a financial service supplier  
 established in Australia is permitted subject to   the terms stipulated in the horizontal section. 
   
8. HEALTH-RELATED 
 AND SOCIAL  SERVICES    
B.  Other human health 
 services  
 (93199**) 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. 
   
  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
 Página 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 Limi tations on National Treatm ent Additional Commitments 
B. Travel agencies and  tour 
operator services  
 (7471) 1) Commercial presence required 
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.  
C.  Tourist guide services  
 (7472) 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.  
10. RECREATIONAL, 
 CULTURAL AND  SPORTING  SERVICES    
B.  News agency services  
 (962) 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.  
D.  Sporting and other 
  recreational services  
 
   Sporting services 
  (9641)  
 
 
 
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.  
 Other recreational 
 services 
 (96491) 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.  
 Covers recreation park and 
 beach services  
 
     
 S/DCS/W/AUS 
Página 30 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 Limi tations on National Treatm ent 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 a ppointed by the ocean 
carrier as the ocean carrier's agent for the 
purposes of the Act, and is specified in the register 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 Commissi on to examine whether 
conference a members and non-conference 
operators with substantial market power are 
hindering Australian flaga shipping operators from engaging efficiently in the provision of 
outward liner cargo services to an extent which is 
reasonable. 
  
 1) b) Bulk, tramp and other international 
  shipping, including international passenger 
 transportation:  None. 
2)  None 1) b)None 
 
 2)  None  
 3) a) Establishment of registered company for 
  the purpose of operating a fleet under the    national 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):  None 
 3) 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
 Página 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 Limi tations on National Treatm ent Additional Commitments 
 International rental of 
 vessels with crew (less 
 cabotage and offshore  transport - as defined in 
 Attachment A) 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. 
  
 Maritime auxiliary 
 services    
  
 Storage and warehousing  services (742) 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.  
 Maritime freight 
 forwarding services (as 
 defined in Attachment  A) 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  
 Preshipment inspection 
 (as defined in 
 Attachment A) 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.  
C. Air Transport Services     
d) Maintenance and repair 
 of aircraft (8868**) 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 
Página 32 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 Limi tations on National Treatm ent Additional Commitments 
 Covers establishments 
 mainly engaged in periodic 
 maintenance and repair  (routine and emergency) of 
 airframes (including wings, 
 doors, control surfaces)  avionics, engines and engine 
 components, 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) 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.   
  S/DCS/W/AUS
 Página 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 Limi tations on National Treatm ent Additional Commitments 
 Activities of establishments 
 engaged in providing and 
 maintaining computer  reservation to other 
 enterprises engaged in the 
 provision of travel agency  services, including transport 
 and 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 services     
 S/DCS/W/AUS 
Página 34 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 Limi tations on National Treatm ent Additional Commitments 
b)  Freight transportation 
 (71231, 71232, 71233, 
 71234) 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.  
G. Pipeline transport     
a)  Transportation of fuels 
 (7131) 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.  
b) Transportation of other 
 goods (7139) 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.  
H. Services auxiliary to all 
 modes of transport     
b) Storage and warehouse 
 services 
 (742 excluding 
 maritime) 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
 Página 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 Limi tations on National Treatm ent Additional Commitments 
c) Freight Forwarding 
 (748 excluding 
 maritime) 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.  
 
d) Preshipment inspection  (749 excluding 
 maritime)  
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.  
 S/DCS/W/AUS 
Página 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 telecommunica tions transport network or service that: 
   (a) are exclusively or predominantly pr ovided 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 materia lly 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 pr eventing suppliers who, alone or 
together, are a major supplier  from engaging in or continui ng 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 competitors with anti-competitive results;  and    (c) not making available other services supp liers on a timely basis technical information 
   about essential facilities and commercially relevant inform ation which are necessary for 
   them to provide services  2. Interconnection
 
 
2.1 This section applies to linking with suppliers  providing public teleco mmunications transport 
networks or services in order to allow the users of one supplier to communicate with users of another 
supplier and to access se rvices provided by another supplie r, where specific  commitments are 
undertaken.   S/DCS/W/AUS 
 Página 37 
 
 
 2.2 Interconnection to be ensured2 
  Interconnection with a major supplier will be ensu red at any technically feasible point in the 
network.  Such interc onnection is provided. 
 
  (a) under non-discriminatory  terms, conditions (includi ng technical standards and 
 specifications) and rates and of a quality no less favourable than that provided  for its own like services or for like se rvices of non-affiliat ed service suppliers 
 or for its subsidiaries or other affiliates
3; 
  
  (b) in a timely fashion, on terms, condi tions (including technical standards and 
 specifications) and cost-oriented rates4 that are transparent, reasonable, having 
 regard to economic feasibility, and su fficiently 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 terminati on 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 procedures for interconnection negotiations
 
 
 The procedures applicable for interconnection to a major supplier will be ma de publicly available. 
 2.4 Transparency of interconnection arrangements
 
 
 It is ensured that a major supplier will make public ly available either its interconnection agreements 
or a reference inte rconnection offer. 
 2.5 Interconnection:  dispute settlement
 
  A service supplier requesting in terconnection with a major supplie r will have recourse, either: 
 
  (a) at any time or    (b) after a reasonable period of ti me which has been made publicly known 
 
to an independent domestic body, which may be a regu latory body as referred to  in paragraph 5 below, 
to resolve disputes regarding appr opriate terms, conditions and ra tes for interconnection within a 
reasonable period of time, to the extent that these have not been established previously. 
 
                                                     
 
2 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 conditions which ar e fair and reasonable to all parties and which do no t 
unfairly discriminate between users.  A ccess rights will be guaranteed by legislati on and the terms and conditions of access wi ll 
be established primarily through processes of commercial nego tiation 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 will 
be subject to approval by the independent regulator. 
 
3 Non-discrimination is taken to mean on  an MFN and National 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 tran sparent criteria to ensure that rates are fair and reasonable  in 
the circumstances. 
 
4 The independent arbitrator may resolve any dispute on what costs are relevant in determining rates (see footnote 2). S/DCS/W/AUS 
Página 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 requi red 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 w ill 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 regul ators shall be impartial 
with respect to all market participants.  6. Allocation and use of scarce resources
 
 
 Any procedures for the allocation and use of scar ce 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 us es is not required. 
 
__________ 
  S/DCS/W/AUS 
 Página 39 
 
 
  
ATTACHMENT A 
 DEFINITIONS
 
 
1. Cabotage: for the purposes of this Schedule only, cabotage is defined as the transportation of  
 passengers or goods between a port located in Austra lia 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 th e transportation of passengers or goods  
 between a port located in Australia and any location associated with  or incidental to, the exploration  
 or exploitation of natural resources of the continen tal 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 mari time transport service  
 suppliers of other Members to undertake locally al l 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.  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 ma ritime 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 be half 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 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 commit ment on movement of personnel) with any 
locally established shipping agency; 
  - acting on behalf of the companies, organisi ng 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 v essels, cargo and freight vessels) for the purpose  
 of international trade.  
 S/DCS/W/AUS 
Página 40  
 
 4. Maritime Freight Forwarding Services: the organisation and mon itoring of shipment operations on  
 behalf of shippers, through the acquisition of tr ansport and related serv ices, preparation of  
 documentation and provision of business information.  5. Preshipment Inspection: all servic es performed on a fee or contract basis involved in the verification  
 of the quality, quantity, price (including currency ex change 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 
 Página 41 
 
 
  
UNDERSTANDING ON COMMITME NTS IN FINANCIAL SERVICES  
 
 Participants in the Uruguay Round have been enab led to take on specific commitments with respect 
to Financial Services under the Genera l 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 could be applied subject to the following understanding:   i) it does not conflict with the provisions of the Agreement; 
 
 ii) it does not prejudice the ri ght of any Member to schedule its specific commitments in 
accordance with the approach under Part III of the Agreement; 
  iii) resulting specific comm itments shall apply on a mo st-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 basi s of negotiations, and subject to co nditions 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 it s schedule pertaining to financial services existing monopoly rights and 
shall endeavour to eliminate them or reduce th eir scope.  Notwithstandi ng 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 Agreement, each Member shall ensure that financial service suppliers of any other Member esta blished in its territory are accord ed most-favoured-nation treatment 
and national treatment as re gards the purchase or acquisition of fi nancial 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, a nd under terms and conditions that accord national 
treatment, the following services:    
 S/DCS/W/AUS 
Página 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 inform ation 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 fi nancial services as referred to 
in subparagraph 5 a) xvi) of the Annex. 
 4. Each Member shall permit its residents to purchase in the territory of any other Member the 
financial services  indicated in: 
  a) subparagraph 3 a); 
 
 b) subparagraph 3 b);  and   c) 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 en terprises, a commercial 
presence.  
6. A Member may impose terms, conditions and proced ures for authorization of the establishment and 
expansion of a commercial presence  in so far as they do not circum vent the Member's obligation under 
paragraph 5 and they are cons istent 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 tran sfers of information or th e processing of financial 
information, including transfers of data by electr onic means, or that, subject to importation rules 
consistent with international agre ements, prevent transfers of equipment, where such transfers of 
information, processing of financia l information or transfers of equi pment 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 
 Página 43 
 
 
  Temporary Entry of Personnel  
 9. a) Each Member shall permit temporary entr y into its territory of the following personnel 
of a financial service supplier of any ot her Member that is establishing or has 
established a commercial presence in the territory of the Member: 
 
  i) senior managerial personne l possessing proprietary information 
essential to the establishment, contro l 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 the availability of qualified personnel in its 
territory, temporary entry into its territory of  the following personnel 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 a dverse effects on financial 
service suppliers of any other Member of:  
 a) non-discriminatory measures that preven t financial service suppliers from offering in 
the Member's territory, in the form determined  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 en tire territory of the Member; 
 
 c) measures of a Member, when such a Me mber 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 the provisions of this  Agreement, affect 
adversely the ability of fina ncial service suppliers of an y other Member to operate, 
compete or enter the Member's market; 
  provided that any action taken under this paragraph would not unfairly discriminate against  
 financial service s uppliers of the Member taking such action. 
 
11. With respect to the non-discriminatory measures referred to in sub-para graphs 10 a) and b), a 
Member shall endeavour not to limit or restrict th e present degree of mark et opportunities nor the 
benefits already enjoyed by financia l service suppliers of all other Memb ers as a class in the territory of 
the Member, provided that this commitment does not result in unfair discrimi nation against financial 
service suppliers of the Member applying such measures. 
    
 S/DCS/W/AUS 
Página 44  
 
 C. National Treatment
 
 1. Under terms and conditions that accord national treatment, each Member shall grant to financial 
service suppliers of any ot her Member established in its territory access to payment and clearing systems 
operated by public entities, and to official funding and refinancing fa cilities available in the normal 
course of ordinary business.  This paragraph is not intended to confer access to the Member's lender of 
last resort facilities.  2. When membership or participa tion in, or access to, any self-regul atory 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 suppl iers of any other Member to suppl y financial servi ces on an equal 
basis with financial servi ce suppliers of the Member, or when the Member provides directly or indirectly 
such entities, privileges or advantages in supplying fi nancial services, the Member  shall ensure that such 
entities accord national treatment to  financial service suppliers of an y other Member resident in the 
territory of the Member. 
 
D. Definitions
 
  For the purposes of this approach:  1. A non-resident supplier of fina ncial services is a financial serv ice 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 a commercial presence in the territory of the Me mber in which the financial service is supplied. 
 2. "Commercial presence" means an enterprise within a Member's terr itory for the supply of financial 
services and includes wholly- or partly-owned s ubsidiaries, joint ventur es, partnerships, sole 
proprietorships, franchising operations, branches, agen cies, representative office s 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 partic ular Member but which is supplied in  the territory of another Member.  
  S/DCS/W/AUS
 Página 45AUSTRALIA – LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
 
__________ 
 
 Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
Audiovisual Services 
 Under the Australian 
Government Co-production 
programme, Australia maintains preferential co-
production arrangements for 
film and television productions.  Official co-
production status, which may 
be granted to a co-production 
produced under these co-
production arrangements, confers national treatment on 
works covered by these 
arrangements, including in respect of access to finance 
and tax concessions and 
simplified requirements for the temporary entry of skilled 
personnel 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 is 
prepared to exchange 
preferential treatment on the terms and conditions specified 
in the Australian co-
production programme 
 Indefinite 
 To promote collaborative 
efforts between Australian and 
foreign film producers and general cultural links 
 
Audiovisual Services 
 Measures taken to respond to 
any unreasonable measures imposed on Australian 
services or service suppliers 
by another Member  Members maintaining MFN 
exemptions which provide for unreasonable unilateral actions 
 This exemption will only be 
activated in the event of any other Member maintaining 
exemptions which provide for 
unreasonable unilateral action  To protect Australia from any 
unreasonable unilateral actions from other Members 
 