Treaty on Extradition between Australia and the State of the United Arab Emirates (Hobart, 26 July 2007)

Treaty on Extradition between Australia and the State of the United Arab Emirates (Hobart, 26 July 2007)

Treaty between Australia and the State of the United Arab Emirates on Mutual Legal Assistance in Criminal Matters (Hobart, 26 July 2007)

Convention between Australia and Japan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on Income, and Protocol (Tokyo, 31 January 2008)

Film Co-Production Agreement between the Government of Australia and the Government of the People’s Republic of China (Beijing, 27 August 2007)

Agreement between the Government of Australia and the Government of the Republic of Singapore concerning the co-production of films (Sydney, 7 September 2007)

Fourth Agreement to Extend the 1987 Regional Cooperative Agreement for Research, Development and Training related to Nuclear Science and Technology (Vienna, 22 June 2006)

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June 2008

Canberra

© Commonwealth of Australia 2008

ISBN 978-0-642-79065-1 (printed version)
ISBN 978-0-642-79066-8 (HTML version)



Contents

Membership of the Committee
Resolution of Appointment
List of Abbreviations
List of Recommendations

Chapter 1 Introduction
Chapter 2 Treaty on Extradition between Australia and the State of the United Arab Emirates
Chapter 3 Treaty between Australia and the State of the United Arab Emirates on Mutual Legal Assistance in Criminal Matters
Chapter 4 Double Taxation Convention with Japan
Chapter 5 Film Co-production Agreements with China and Singapore
Chapter 6 Fourth Extension to the Regional Cooperative Agreement for research, development and training related to nuclear science and technology
Appendix A – Submissions
Appendix B – Witnesses

Membership of the Committee

Chair

Mr Kelvin Thomson MP

 

Deputy Chair

Senator the Hon Sandy Macdonald  

Members

Hon Kevin Andrews MP

Senator Andrew Bartlett

 

Mr John Forrest MP

Senator Simon Birmingham

 

Ms Jill Hall MP

Senator David Bushby

 

Ms Belinda Neal MP

Senator Gavin Marshall

 

Ms Melissa Parke MP

Senator Glen Sterle

 

Mr Luke Simpkins MP

Senator Dana Wortley

  Mr Chris Trevor MP  

 

Ms Maria Vamvakinou MP

 

Committee Secretariat

Secretary

James Rees

Inquiry Secretaries

Sonya Fladun

 

Julia Searle

Administrative Officers

Heidi Luschtinetz

 

Dorota Cooley

Resolution of appointment

The Resolution of Appointment of the Joint Standing Committee on Treaties allows it to inquire into and report on:

  1. matters arising from treaties and related National Interest Analyses and proposed treaty actions and related Explanatory Statements presented or deemed to be presented to the Parliament;
  2. any question relating to a treaty or other international instrument, whether or not negotiated to completion, referred to the committee by:


    1. either House of the Parliament, or
    2. a Minister; and

such other matters as may be referred to the committee by the Minister for Foreign Affairs and on such conditions as the Minister may prescribe.

List of abbreviations

ANSTO

Australian Nuclear Science and Technology Organisation

CLA

Civil Liberties Australia

IAEA

International Atomic Energy Agency

JSCOT

Joint Standing Committee on Treaties

MA

Mutual Assistance

NIA

National Interest Analysis

NPT

Nuclear Non-Proliferation Treaty

OECD

Organisation for Economic Cooperation and Development

RCA

Regional Cooperative Agreement

RIS

Regulation Impact Statement

SCOT

Commonwealth-State/Territory Standing Committee on Treaties

UAE

United Arab Emirates

WHT

Withholding taxes

List of recommendations

2 Treaty on Extradition between Australia and the State of the United Arab Emirates

Recommendation 1

The Committee supports the Treaty on Extradition between Australia and the State of the United Arab Emirates and recommends that binding treaty action be taken.

Recommendation 2

The Committee recommends that new and revised extradition agreements should explicitly provide a requirement that the requesting country provide annual information concerning the trial status and health of extradited persons and the conditions of the detention facilities in which they are held.

Recommendation 3

That the Australian Government develop and implement formal monitoring arrangements for Australia’s bilateral extradition treaties which include the following elements:

Recommendation 4

The Committee recommends that the Attorney-General’s Department and/or the Department of Foreign Affairs and Trade include in their annual report to Parliament the following information concerning the operation of Australia’s extradition agreements: Also, in respect of each extradited person the following details should be reported:

3 Treaty between Australia and the State of the United Arab Emirates on Mutual Legal Assistance in Criminal Matters

Recommendation 5

The Committee supports the Treaty between Australia and the State of the United Arab Emirates on Mutual Legal Assistance in Criminal Matters and recommends that binding treaty action be taken.

Recommendation 6

The Committee recommends that the Parliamentary Joint Committee on Intelligence and Security be asked to undertake a general review of Australian policy and procedures concerning police-to-police cooperation and other information exchanges, including intelligence sharing arrangements, with a view to developing new instructions to regulate police-to-police and other assistance arrangements not governed by agreements at the treaty level. The instructions should prevent the exchange of information with another country if doing so would expose an Australian citizen to the death penalty.

4 Taxation Convention with Japan

Recommendation 7

The Committee supports the Convention between Australia and Japan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and recommends that binding treaty action be taken.

5 Film Co-production Agreements with China and Singapore

Recommendation 8

The Committee recommends that where the subject matter of a treaty has a bearing upon freedom of expression issues, the Australian Government broaden its consultation to include relevant human rights organisations.

Recommendation 9

The Committee recommends that the Australian Government utilise any opportunities to make representations to the Chinese Government to lift its 20 foreign film quota significantly higher, with a view to eventually abolishing the quota.

Recommendation 10

The Committee supports the Film Co-production Agreement between the Government of Australia and the Government of the People’s Republic of China and recommends that binding treaty action be taken.

Recommendation 11

The Committee supports the Agreement between the Government of Australia and the Government of the Republic of Singapore concerning the co-production of films and recommends that binding treaty action be taken.

6 Fourth Extension to the Regional Cooperative Agreement for research, development and training related to nuclear science and technology

Recommendation 12

The Committee supports the Fourth Agreement to Extend the 1987 Regional Cooperative Agreement for Research, Development and Training related to Nuclear Science and Technology and recommends that binding treaty action be taken.


Appendix A- Submissions

Appendix B - Witnesses


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