Executive Summary

This report contains the Joint Standing Committee on Treaties’ (JSCOT) review of the following major treaty action: Amendments to the Annex of the Convention on Facilitation of International Maritime Traffic, 1965 (London, 13 May 2022) (the Amendments). This treaty was considered by JSCOT through an expedited process upon the referral of The Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government. The request sought for the Committee inquiry to be completed, and the report tabled in Parliament before the Amendments to the Convention enter into force on 1 January 2024. The Committee normally takes 20 joint Australian Parliament sitting days to inquire into and report on a Category 1 major treaty action, as was this treaty.

The Convention on Facilitation of International Maritime Traffic, 1965 (FAL Convention) is a multilateral agreement that facilitates international maritime traffic and in doing so prevents unnecessary delays, aids cooperation between Governments and secures uniformity (to the highest practicable degree) in maritime procedures and formalities. The Annex to the FAL Convention contains Standards and Recommended Practices on formalities, documentary requirements and procedures for the arrival, stay or departure of ships. It also includes implementation procedures and appendices with additional information germane to the Convention. The Amendments cover topics such as definitions and general provisions, illicit activities, digitalisation of vessel reporting requirements, identification, treatment of stowaways, public health, and implementation.

Reasons for agreeing to the Amendments include that as most of Australia’s imports and exports are moved by sea, Australia’s domestic and regional interests are advanced through participation in the FAL Convention. The Convention and related processes facilitate a cooperative and constructive approach to the vital maritime freight industry within the overall framework of the global, rules-based order. The Amendments support Australia in modernising its engagement with the maritime sector and assist Australia in being in alignment with international digitisation standards. These changes provide a benefit to industry and government in terms of efficiency, international harmonisation, and the opportunity to adopt new maritime technologies.

The Committee held an inquiry into the Amendments which included a public hearing. At the public hearing the Committee explored key issues relating to the Amendments including the timing of the referral to JSCOT, aspiring towards a harmonious approach to shipping and integrated systems including a Maritime Single Window, digitisation and efficiency, privacy issues, standards for illicit activities, and overlapping state and federal responsibilities.

The Committee notes the support for ratification from Government and industry stakeholders.

The Committee supports the Amendments and recommends binding treaty action be taken.