Chapter 1 Introduction
Purpose of the report
1.1
This report contains the Joint Standing Committee on Treaties’ review of
treaty actions tabled on 22 November 2011 and 7 February 2012.
1.2
These treaty actions are proposed for ratification and are examined in the
order of tabling:
n Tabled 22 November
2011
Þ
Amendments to MARPOL Annex VI on Regulations for the
Prevention of Air Pollution from Ships by Inclusion of New Regulations on
Energy Efficiency for Ships Resolution MEPC.203(62) adopted at London on 15
July 2011; and
Þ
Agreement between the European Union and Australia on the
Processing and Transfer of Passenger Name Record (PNR) Data by Air Carriers to
the Australian Customs and Border Protection Service done at Brussels on 29
September 2011.
n Tabled 7 February
2012
Þ
Protocol amending the Agreement between the Government of
Australia and the Government of the Republic of India for the Avoidance of
Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on
Income (New Delhi, 16 December 2010)
n Minor treaty
action
Þ
Amendment to Annex III of the Rotterdam Convention on the
Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides
in International Trade done at Rotterdam on 10 September 1998.
1.3
The Committee’s resolution of appointment empowers it to inquire into
any treaty to which Australia has become signatory, on the treaty being tabled
in Parliament.
1.4
The treaties, and matters arising from them, are evaluated to ensure
that ratification is in the national interest, and that unintended or negative
effects on Australians will not arise.
1.5
Prior to tabling, major treaty actions are subject to a National
Interest Analysis (NIA), prepared by Government. This document considers
arguments for and against 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 and State and
Territory agencies, and with industry or non-government organisations.
1.6
A Regulation Impact Statement (RIS) may accompany the NIA. The RIS
provides an account of the regulatory impact of the treaty action where
adoption of the treaty will involve a change in the regulatory environment for
Australian business. The treaties examined in this report do not require an
RIS.
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
Copies of each treaty and its associated documentation may be obtained
from the Committee Secretariat or accessed through the Committee’s website at:
<www.aph.gov.au/house/committee/jsct>
Conduct of the Committee’s review
1.9
The treaty actions reviewed in this report were advertised on the
Committee’s website from the date of tabling. Submissions for the treaties were
requested by 27 January 2012 for the treaty tabled on 22 November 2011, and 9
March 2012 for those treaties tabled 7 February 2012 with extensions available
on request.
1.10
Invitations were made to all State Premiers, Chief Ministers and to the Presiding
Officers of each Parliament to lodge submissions. The Committee also invited
submissions from individuals and organisations with an interest in the
particular treaty under review.
1.11
Submissions received and their authors are listed at Appendix A.
1.12
The Committee examined the witnesses on each treaty at public hearings
held in Canberra on 6 February 2012, and 19 March 2012.
1.13
Transcripts of evidence from the public hearings may be obtained from
the Committee Secretariat or accessed through the Committee’s website under the
treaty’s tabling date, being:
n 6 February 2012
<http://www.aph.gov.au/house/committee/jsct/6february2012/hearings.htm>
n 19 March 2012
<http://www.aph.gov.au/house/committee/jsct/19march2012/hearings.htm>
1.14
A list of witnesses who appeared at the public hearings is at Appendix B.