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By Mike Stephens,2014-11-22 14:00
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    SCHEDULE OF COMMITMENTS

     AUSTRALIA

    Market access and national treatment measures listed in the limitations column condition all sector-

    specific commitments.

    Sector or Sub-sector Limitations

    I. HORIZONTAL COMMITMENTS

    EMPORARY ENTRY TALL THAI NATIONALS

    Thai nationals will be permitted to enter Australia and work without labour

    market testing under the following conditions:

    ; business visitors will be permitted to enter and stay for up to three

    months

    ; service sellers will be permitted to enter and to stay initially for six

    months, with a maximum stay of 12 months

    ; intra-corporate transferees will be permitted to enter and stay initially for

    up to four years with a total period of up to 10 years

    ; contractual service suppliers will be permitted to enter and stay for up to

    three years. Specialist Thai chefs entering as contractual service

    suppliers will be permitted to enter and stay for up to four years**

    ; executives and managers of a business with its head of operations in

    Thailand seeking to establish a subsidiary in Australia will be permitted to

    enter and stay initially for up to four years

    ; spouses and dependents of intra-corporate transferees will be permitted

    to enter, stay and work for the period of the intra-corporate transferee’s

    visa.

    To obtain entry into Australia under any of these categories, Thai nationals will

    have to fulfil the documentary and other requirements as notified by the Parties

    from time to time.

    Temporary entry of Thai nationals into Australia is otherwise unbound.

    Australia will support discussions between the Thai profession and relevant

    Australian professional bodies with a view to establishing a standard for

    recognition of Thai qualifications for traditional Thai massage therapists. The

    results of these discussions could be incorporated in the next round of

    negotiations on services and investment, scheduled to take place within three

    years after entry into force of the Agreement.

    ** A specialist Thai chef means an individual who has gained National Skills Standard qualifications for: (i) Thai Cooking Certificate 1 and who has five years of practical experience, (ii) Thai Cooking Certificate 2 and who has four years of practical experience; (iii) or Thai Cooking Certificate 3 and who has three years of practical experience.

    FOREIGN DIRECT INVESTMENT, INCLUDING COMMERCIAL PRESENCE ALL SECTORS

    INCLUDED IN THIS

    SCHEDULE

     Consistently with Australia’s foreign investment policy**, the following investment activities require prior approval from the Australian Government:

    ; acquisitions by ‘foreign interests’ of ‘substantial interests’ in existing

    Australian businesses with total assets of $A 50 million or more;

    Market access and national treatment measures listed in the limitations column condition all sector- specific commitments.

    Sector or Sub-sector Limitations

    ; proposals by ‘foreign interests’ to take over offshore companies whose

    Australian subsidiaries or assets are valued at $A 50 million or more, or

    account for more than 50 per cent of the target company’s global assets;

    ; proposals by ‘foreign interests’ to establish new businesses in Australia

    involving a total investment of $A 10 million or more;

    ; direct investments by foreign governments or their agencies, irrespective

    of size;

    ; acquisitions by ‘foreign interests’ of interests in urban land (including

    interests that arise via leases, financing and profit sharing arrangements

    and the acquisitions of interests in urban land corporations and trusts)

    that involve the:

    - acquisition of developed non-residential commercial real estate,

    where the property is subject to heritage listing, valued at $A 5

    million or more;

    - acquisition of developed non-residential commercial real estate,

    where the property is not subject to heritage listing, valued at

    $A 50 million or more;

    - acquisition of accommodation facilities irrespective of value;

    - acquisition of vacant urban real estate irrespective of value;

    - acquisition of residential real estate irrespective of value; or

    ; proposals where any doubt exits as to whether they are notifiable.

    (Funding arrangements that include debt instruments having quasi-equity

    characteristics will be treated as direct foreign investment).

    A ‘foreign interest’ is defined as:

; a natural person not ordinarily resident in Australia;

    ; a corporation in which a natural person not ordinarily resident in Australia

    or a foreign corporation holds a controlling interest;

    ; a corporation in which two or more persons, each of whom is either a

    natural person not ordinarily resident in Australia or a foreign corporation,

    hold an aggregate controlling interest;

    ; the trustee of a trust estate in which a natural person not ordinarily

    resident in Australia or a foreign corporation holds a substantial interest;

    or

    ; the trustee of a trust estate in which two or more persons, each of whom

    is either a natural person not ordinarily resident in Australia or a foreign

    corporation, hold an aggregate substantial interest.

A ‘substantial interest’ occurs when a single foreigner (and any associates) has

    15 per cent or more of the ownership of any corporation, business or trust.

    An ‘aggregate substantial interest’ occurs when several foreigners (and any associates) have, in aggregate, 40 per cent or more ownership of any

    corporation, business or trust.

A ‘controlling interest’ will be as defined in section 9 of the Foreign Acquisitions

    and Takeovers Act.

    A ‘substantial interest in a trust estate’ will be as defined in section 9A of the Foreign Acquisitions and Takeovers Act.

    Proposals may be refused, or approved subject to the parties meeting certain conditions.

    Market access and national treatment measures listed in the limitations column condition all sector- specific commitments.

    Sector or Sub-sector Limitations

    Already established foreign-owned or controlled enterprises in Australia are also subject to the requirements of Australia’s foreign investment policy

    guidelines as set out above.

Resident directors

    At least two directors of a public company must be ordinarily resident in Australia.

Media sector

All proposals by ‘foreign interests’ for direct investment in the media sector

    irrespective of size are subject to prior approval under the Government’s foreign investment policy. Notification requirements also apply to proposals involving the acquisition of portfolio shareholdings above certain thresholds.

Newspapers

Foreign investment in mass circulation national, metropolitan, suburban and

    provincial newspapers is restricted. Proposals by ‘foreign interests’ to acquire shareholdings above certain thresholds in an existing newspaper or the establishment of a new newspaper are subject to notification requirements and

    case-by-case examination.

Banking

    Foreign investment in the banking sector needs to be consistent with the Banking Act 1959, the Financial Sector (Shareholdings) Act 1998 and banking

    policy, including prudential requirements. Any proposed foreign takeover or

    acquisition of an Australian bank will be considered on a case-by-case basis

    and judged on its merits.

Broadcasting services

    Under Australia’s foreign investment policy, proposals by a ‘foreign interest’ to acquire an interest in an existing broadcasting service or to establish a new

    broadcasting service are subject to notification requirements and case-by-case

    examination.

    While proposals by ‘foreign interests’ for investment in a broadcasting service (existing or new) are subject to examination under foreign investment policy, a number of criteria, as set out in the Broadcasting Service Act 1992 (BSA), must

    also be satisfied.

    Under the BSA, foreign investment in commercial television broadcasting services is restricted. A foreign person is prohibited from being in a position to exercise control of a commercial television licence. The BSA outlines when

    such control is deemed to exist and also restricts the number of directors of each commercial television licensee that may be foreign persons. Financial

    arrangements designed to avoid equity limits are treated as if they were directly covered.

Australian domestic airlines

Proposals by 'foreign interests' to acquire up to 100 per cent of the equity in an

    Australian domestic airline are notifiable in accordance with the standard

    notification requirements set out in Australia's foreign investment policy.

    Market access and national treatment measures listed in the limitations column condition all sector- specific commitments.

    Sector or Sub-sector Limitations

Australian international airlines

Under Australia's foreign investment policy, proposals by 'foreign interests' to

    acquire interests in Australian international airlines are notifiable and subject to case-by-case examination in accordance with the standard notification

    requirements set out in Australia's foreign investment policy. Under the Air

    Navigation Act 1920, total foreign ownership of an Australian international airline (other than Qantas) is restricted to a maximum of 49 per cent. Under the Qantas Sale Act 1992, total foreign ownership of Qantas is restricted to a maximum of 49 per cent in aggregate, with an individual holding limited to 25

    per cent and aggregate ownership by foreign airlines limited to 35 per cent.

Australian airports

Foreign investment proposals for acquisitions of interests in Australian airports

    are subject to case-by-case examination in accordance with standard

    notification requirements in the Foreign Acquisitions and Takeovers Act and the

    separate ownership restrictions of the Airports Act 1996 that limit total foreign ownership in individual leased Federal airports to a maximum of 49 per cent.

INDIGENOUS PERSONS AND ORGANISATIONS

Australia reserves the right to adopt or maintain any measure according

    preferences to any indigenous person or organisation or providing for the more

    favourable treatment of any indigenous person or organisation in relation to the

    acquisition, establishment or operation of any commercial or industrial

    undertaking in the service sector. In addition, Australia reserves the right to

    adopt or maintain any measure with respect to investment that accords preferences to any indigenous person or organisation or provides for the more

    favourable treatment of any indigenous person or organisation.

For the purpose of this exception, an indigenous person means a person of the

    Aboriginal race of Australia or a descendent of an indigenous inhabitant of the Torres Strait Islands.

LOCAL GOVERNMENT MEASURES

Australia reserves the right to adopt or maintain any measure administered at

    the local government level unless that measure is applied on a discriminatory basis with the intention of nullifying or impairing the benefits accruing to Thailand under the terms of the Agreement.

** Australia’s foreign investment policy comprises the Foreign Acquisitions and Takeovers Act 1975, the Foreign Acquisition and Takeovers Regulations and ministerial statements. Full details are available at www.firb.gov.au.

Sector or Sub-sector Limitations

    II. SECTOR-SPECIFIC COMMITMENTS

    Notes: Commitments in this schedule are subject to the general limitations contained in the "Horizontal

    Commitments" section of this schedule.

     * Denotes that a sector-specific commitment for cross-border supply is unbound due to lack of

    technical feasibility.

    ** Denotes that the service or services specified constitute(s) only a part of the total range of

    activities covered by the CPC Code.

1. BUSINESS SERVICES

A. Professional Services

a) Legal services Natural persons practising foreign law may only join a local law firm as a

     consultant and may not enter into partnership with or employ local lawyers in

     Advisory services in Western Australia and South Australia. Otherwise unbound except as

    home-country law, indicated in the horizontal section.

    third-country law and

    international law.

    International

    commercial arbitration

    services. Other

    alternative dispute

    resolution services

    (861**)

b) Accounting, auditing Only natural persons may be registered as auditors and liquidators. At least

    and book-keeping one equity partner in a firm must be a permanent resident. Otherwise unbound

    services (862) except as indicated in the horizontal section.

c) Taxation services No limitations.

    (863)

d) Architectural services No limitations.

    (8671)

e) Engineering services No limitations.

    (8672)

f) Integrated engineering No limitations.

    services (8673)

g) Urban planning and No limitations.

    landscape

    architectural services

    (8674)

Sector or Sub-sector Limitations

    B. Computer and related No limitations.

    services (84),

    excluding measures

    relating to content

    covered by 844 and

    849

     (covers consultancy services related to the installation of computer hardware, software implementation services, data processing services and maintenance and repair of office machinery and equipment including computers.)

C. Research and

    development services

a) R&D services on Permanent residency requirement for psychologists (Western Australia).

    social sciences and

    humanities (852)

    D. Real Estate Services

a) Involving own or Commercial presence required.

    leased property (821)

    b) On a fee or contract

    basis (822)

E. Rental/leasing

    services without

    operators

    Relating to: No limitations.

a) Ships (83103**)

     Excludes cabotage, intrastate and offshore trades

b) Aircraft (83104)

    c) Other transport

    equipment (83101,

    83102, 83105)

    d) Other machinery and

    equipment (83106-9)

F. Other business

    services

Sector or Sub-sector Limitations

    a) Advertising services No limitations.

    (87110, 87120**,

    87190)

     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.

    b) Market research and No limitations.

    public opinion polling

    services (864)

    c) Management No limitations.

    consulting services

    (865)

    d) Services related to No limitations.

    management

    consulting (86601,

    86609)

     Excludes arbitration and conciliation services

    f) Services incidental to No limitations.

    agriculture, hunting

    and forestry (8811**,

    8812**, 8814**)

     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

    g) Services incidental to No limitations.

    fishing (882**)

     Consists of specialised consultancy services only, related to marine or freshwater fisheries, fish hatchery services. Does not include fishing.

Sector or Sub-sector Limitations

    h) Services incidental to No limitations.

    mining and site

    preparation work for

    mining (883, 5115)

    j) Services incidental to No limitations.

    energy distribution

    (887**)

     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

k) Placement and supply Unbound for cross-border supply.

    services of personnel

    (872)

    l) Investigation and No limitations.

    security (873)

    m) Related scientific and No limitations.

    technical consulting

    services (8675)

    n) Building-cleaning *No limitations.

    services (874)

    o) Photographic services No limitations.

    (875)

    p) Convention services No limitations.

    (87909**)

     Activities of establishments engaged in provision of planning, organising, managing and marketing services for conventions and similar events (including catering and beverage services)

    q) Other: No limitations.

     Telephone answering

    services (87903)

     Duplicating services No limitations.

    (87904)

Sector or Sub-sector Limitations

     Translation and No limitations.

    interpretation services

    (87905)

     Mailing list compilation No limitations.

    and mailing services

    (87906)

     Interior design (87907) No limitations.

     Specialised consultancy services related to the post-construction design and fitting out of interior living and working spaces. Includes purchase of necessary goods.

     Maintenance and No limitations.

    repair services of

    transport machinery

    and equipment (6112)

     Maintenance and repair services of motor vehicles (61120)

Sector or Sub-sector Limitations

    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 1services An entity holding a new carrier licence must be a public body or a

     constitutional corporation under Australian law.

    (b) Packet-switched data

    transmission services The Australian Government owns a controlling share of the first licensed

     general carrier, Telstra. Aggregate foreign equity in Telstra is limited to 35

    (c) Circuit-switched data percent of one-third of the non-government owned shares of Telstra

    transmission services (approximately 11.7 percent). Individual or associated group foreign

     investment is limited to 5 percent of one-third of the non-government owned (d) Telex services shares of Telstra (approximately 1.7 percent).

    (e) Telegraph services Entry of natural persons unbound except as indicated in horizontal section.

(f) Facsimile services

g) Private leased circuit

    services

o) Other services

     Digital Cellular

     Paging

     Personal

    Communications

     Trunked Radio

    System Services

     2 Mobile Data Services

     Services covered by the Broadcasting Services Act 1992 are excluded from the basic telecommunications sector

    2h) Electronic mail No limitations.

    (7523**)

     1 Includes satellite voice and data transmission, but not broadcasting services. 2 Email includes the value-added content of Short Messaging Service (SMS) and Multimedia Messaging Service (MMS). The data transmission component of SMS and MMS comes under basic telecommunications. In addition, the multimedia content of MMS is deemed an audio-visual service.

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