15 Sector: Communication Services Obligations Market Access Concerned: National Treatment Level of Government: Central Source of Measure: (Cth) Telstra Corporation Act 1991 Description: Aggregate foreign equity is restricted to no more than 35 per cent of shares of Telstra. Individual or associated group foreign investment is restricted to no more than five per cent of shares. The chairperson and a majority of directors of Telstra must be Australian citizens and Telstra is required to maintain its head office, main base of operations and place of incorporation in Australia. 16 Sector: Research and Development Services Obligations Concerned: National Treatment Level of Government: Regional Source of Measure: (Qld) Biodiscovery Act 2004 Description: Queensland Benefit sharing agreements require sublicences for use of samples or derivates to conduct biodiscovery research and commercialisation to be offered first to Queensland-based entities, then to Australian-based entities, and then to overseas-based entities. Any entity with a benefit sharing agreement must obtain consent before granting a sublicence to an overseas-based entity. 17 Sector: Real Estate and Distribution Services Obligations National Treatment Concerned: Level of Government: Regional Source of Measure: (NSW) Community Land Management Act 1989 (NSW) Strata Schemes Management Act 1996 2002 (NSW) Property, Stock and Business Agents Act (NT) Agents Licensing Act (ACT) Agents Act 2003 (Qld) Property Agents and Motor Dealers Act 2000
15 Sector: Communication Services Obligations Concerned: Market Access National Treatment Level of Government: Central Source of Measure: Telstra Corporation Act 1991 (Cth) Description: Aggregate foreign equity is restricted to no more than 35 per cent of shares of Telstra. Individual or associated group foreign investment is restricted to no more than five per cent of shares. The chairperson and a majority of directors of Telstra must be Australian citizens and Telstra is required to maintain its head office, main base of operations and place of incorporation in Australia. 16 Sector: Research and Development Services Obligations Concerned: National Treatment Level of Government: Regional Source of Measure: Biodiscovery Act 2004 (Qld) Description: Queensland Benefit sharing agreements require sublicences for use of samples or derivates to conduct biodiscovery research and commercialisation to be offered first to Queensland-based entities, then to Australian-based entities, and then to overseas-based entities. Any entity with a benefit sharing agreement must obtain consent before granting a sublicence to an overseas-based entity. 17 Sector: Real Estate and Distribution Services Obligations Concerned: National Treatment Level of Government: Regional Source of Measure: Community Land Management Act 1989 (NSW) Strata Schemes Management Act 1996 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Agents Licensing Act (NT) Agents Act 2003 (ACT) Property Agents and Motor Dealers Act 2000 (Qld)
chafta-annex-iii-services-schedules-of-australia-and-china.docx