1.1
This report contains the Joint Standing Committee on Treaties’ review of the Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime (Washington, 15 December 2021) (CLOUD Act Agreement).
1.2
The Committee’s inquiry into this treaty lapsed at the dissolution of the 46th Parliament and the treaty was re-referred to the Committee by the Minister for Foreign Affairs at the beginning of the 47th Parliament on 1 August 2022.
1.3
The Committee’s resolution of appointment empowers it to inquire into any treaty to which Australia has become a signatory, on the treaty being tabled in the Parliament or referred by a Minister.
1.4
The treaties, and matters arising from them, are evaluated to ensure ratification is in the national interest, and that unintended or negative effects on Australia would not arise.
1.5
Prior to tabling, major treaty actions are subject to a National Interest Analysis (NIA), prepared by the Australian Government. This document considers the treaty, outlines the treaty obligations and any regulatory or financial implications, and reports the results of consultations undertaken with state and territory governments, federal, state and territory agencies, and with industry or non-government organisations.
1.6
The NIA for the CLOUD Act Agreement was accompanied by a Regulation Impact Statement (RIS). The RIS provides an account of the regulatory impact of the treaty action where adoption of the treaty would involve a change in the regulatory environment for Australian business.
1.7
The Committee takes account of these documents in its examination of the treaty text, in addition to other evidence taken during the inquiry program.
1.8
A copy of the treaty considered in this report and the associated documents may be accessed through the Committee’s website at:
1.9
The inquiry was advertised on the Committee website on 5 August 2022. The Committee did not request further submissions instead deciding to make use of the submissions received to the inquiry in the 46th Parliament. Five submissions were received during the 46th Parliament and a further three submissions or supplementary submissions were received following re-referral of the treaty in the 47th Parliament.
1.10
The Committee held two public hearings in Canberra and by videoconference on Wednesday, 14 September 2022 and Wednesday, 12 October 2022. The transcripts of evidence from the public hearings may be obtained from the Committee Secretariat or accessed through the Committee’s website.
1.11
A list of submissions received is at Appendix A and a list of witnesses who appeared at the public hearings is at Appendix B.