9.1
Minor treaty actions are generally technical amendments to existing treaties which do not impact significantly on the national interest.
9.2
Minor treaty actions are presented to the Committee with a one-page explanatory statement and are listed on the Committee’s website. The Committee can choose to formally inquire into these treaty actions, or accept them without a formal inquiry and report.
9.3
The Committee has been asked to consider the following six minor treaty actions.
2018 amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 relating thereto (MARPOL) MEPC.305(73)
9.4
The proposed treaty action will amend Annex VI of the International Convention on the Prevention of Pollution from Ships in relation to the carriage of non-compliant fuel oil for use on the ship.
9.5
From March 2020, ships will not be permitted to carry fuel with a sulphur content of more than 0.5 per cent, except as cargo.
9.6
The proposed amendments shall be deemed to have been accepted on 1 September 2019 unless sufficient MARPOL Parties object. Such an eventuality is unlikely because MARPOL amendments are made by consensus.
2017 Amendments to the International Convention for the Safety of Life at Sea Resolution MSC.421(98)
9.7
The proposed Treaty action amends Chapters II-1, II-2 and III and the Appendix of the International Convention for the Safety of Life at Sea 1974 (SOLAS) revising regulations for the construction and operation of ships, specifically the requirements for the construction of ships, damage control drills, fire protection, and safety equipment aboard ships.
9.8
The proposed Amendments will have negligible legal, financial and practical impacts in Australia.
9.9
The amendments will be deemed to have been accepted on 1 July 2019, unless a sufficient number of Parties notify an objection prior to that date. If accepted, the amendments will enter into force on 1 January 2020.
2018 Amendments to the International Convention for the Safety of Life at Sea Resolution MSC.436(99)
9.10
The proposed Treaty action will amend Chapter II-1 and IV and the Appendix of the International Convention for the Safety of Life at Sea 1974 (SOLAS) adding new requirements for the construction of ships after January 2020 and improving safety systems on existing passenger ships.
9.11
The amendments will be deemed to have been accepted on 1 July 2019, unless a sufficient number of Parties notify an objection prior to that date. If accepted, the amendments will enter into force on 1 January 2020.
Adjustments to the Montreal Protocol on Substances that Deplete the Ozone Layer relating to the controlled substances on Annex C, Group I adopted at Quito on 9 November 2018
9.12
The proposed treaty action concerns adjustments to the Montreal Protocol on Substances that Deplete the Ozone Layer [1989] ATS 18 (‘the Montreal Protocol’) relating to the control of hydrochlorofluorocarbons (HCFCs) to permit the maintenance of fire suppression systems that use HCFCs and to permit the use of HCFCs for experimental and laboratory use.
9.13
The amendments will permit the importation of HCFCs for legacy fire control systems and laboratory use until 2030.
Amendment to the Treaty on Extradition between Australia and Ireland
9.14
The proposed treaty action will amend the Treaty on Extradition between Australia and Ireland [Dublin, 2 September 1985] by designating revenue offences as extraditable offences. Specifically, the discretionary ground for refusal of extradition for revenue offences under Article III(2)(a) will be removed. A new Article II(5) will be inserted that clearly provides that a revenue offence is an extraditable offence.
9.15
Australia does not require the amendment to enable it to grant an extradition request made by Ireland for revenue offences under Australia’s domestic legal framework. However, the amendment will enable Ireland (under Irish domestic law) to grant an Australian extradition request for revenue offences.
9.16
Following the Committee’s consideration and after the relevant amendments are made to the Extradition (Ireland) Regulations 1989, the amendment will come into force upon exchange of diplomatic notes between Australia and Ireland.
Acceptance of the accessions of Andorra, Armenia, Brazil, Colombia, Costa Rica, Montenegro and Morocco to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
9.17
The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters [the Convention opened for signature 18 March 1970] establishes a framework for obtaining evidence abroad in civil and commercial proceedings. The framework uses a network of Central Authorities in Contracting States to execute requests (without recourse) to consular and diplomatic channels.
9.18
The proposed treaty action is Australia’s acceptance of the accessions of Andorra, Armenia, Brazil, Colombia, Costa Rica, Montenegro and Morocco to the Convention, which entered into force for Australia on 22 December 1992. Accepting these accessions enables the streamlined approach for the taking of evidence already established by the Convention to apply between Australia and the seven countries listed.
9.19
The Convention will enter into force between Australia and each of the acceding countries sixty days after Australia’s declaration of acceptance is deposited with the Ministry of Foreign Affairs of the Netherlands.
Conclusion
9.20
The Committee determined not to hold a formal inquiry into any of the minor treaty actions, and agreed that binding treaty action may be taken in each case.
Mr Dave Sharma MP
Chair
14 October 2019