Agreement between the Government of Australia and the Government of the Republic of Singapore concerning the Republic of Singapore Air Force Flying Training Institute Detachment at Royal Australian Air Force Base Pearce
Introduction
2.1
This Chapter reviews the Agreement between the Government of Australia and the Government of the Republic of Singapore concerning the Republic of Singapore Air Force Flying Training Institute Detachment at Royal Australian Air Force Base Pearce.
2.2
The Agreement was signed in Singapore on 21 August 2017 and tabled in the Parliament on 16 October 2017.
Background
2.3
Australia was the first country to recognise Singapore when it became an independent nation in 1965 and the two countries have a significant history of bilateral relations. In 2015, on the fiftieth anniversary of diplomatic relations, the two countries agreed to a Comprehensive Strategic Partnership (CSP). The CSP covers all aspects of the relationship including trade, defence, science and innovation, education and the arts.
2.4
Initiatives to improve consultation and cooperation under the CSP include annual meetings between the Australian and Singaporean Prime Ministers and regular meetings across all levels of government, including the Singapore-Australia Joint Ministerial Committee (SAJMC) meeting and the Public Service Roundtable.
2.5
The two countries have recently updated the Singapore-Australia Free Trade Agreement (SAFTA) which was reviewed by the Joint Standing Committee on Treaties (JSCOT) in Report 172. Australia and Singapore have strong people to people and cultural links encompassing education, tourism and the arts and have signed a range of Memoranda of Understanding (MOUs) in other areas including innovation and science.
2.6
The NIA states that Singapore is Australia’s most advanced defence partner in South East Asia. The two countries have a number of defence related MoUs which provide for personnel exchanges, military intelligence cooperation and defence science and technology. Additionally, Australia and Singapore are both members of the Five Power Defence Arrangements alongside the United Kingdom, New Zealand and Malaysia.
Overview
2.7
The purpose of the Agreement is to establish a legally-binding framework to support the continuation of Singapore’s Flying Training Institute at the RAAF Base Pearce in Western Australia. The Flying Training Institute has operated under a MOU since 1993. The MOU is due to expire on 21 March 2018. The MOU will terminate on entry into force of this Agreement. The Department of Defence (Defence) explained the importance of the Institute and the decision to replace the MOU:
Through the flying training institute the Republic of Singapore Air Force conducts basic flying training and other courses on their Pilatus PC-21 trainer aircraft. Around 70 Singapore students graduate each year. This new treaty is a critical step to formalising and institutionalising this longstanding partnership that has grown out of the original MOU. Our judgement is that now our mature cooperation requires a secure and legally binding treaty.
2.8
Elevating the MOU to a legally-binding treaty will align the status of the RAAF Base Pearce instruments with those providing for Singapore to train at Oakey and Shoalwater Bay in Queensland.
2.9
Defence told the Committee that the Agreement was limited to Singapore’s Flying Training Institute at the RAAF Base Pearce although a number of satellite airfields were used by both the RAAF and Republic of Singapore Air Force (RSAF) in the conduct of their training.
Reasons to undertake the treaty action
2.10
According to the NIA, the Agreement will allow Singapore to continue training at the RAAF Base Pearce for a further 25 years. The Flying Training Institute has been a central and positive element of Australia’s defence relationship with Singapore for almost 25 years. The presence of the RSAF in Australia is seen as underpinning a strong, high-end and wide-ranging defence engagement program.
2.11
Defence emphasised the capability benefits that the arrangement brings to Australia and Singapore and the enhancement to the air-force-to-air-force relationship. The exchange of qualified flying instructors between the two countries for nearly 20 years has enhanced pilot training regimes across both air forces. Broader general air-force-to-air-force links have been enhanced and opportunities for interoperability and capability increased:
One aspect that’s particularly important is that the RAAF introduces the Pilatus PC-21, the aircraft that the Singaporeans have already been using. As we introduce that to train our own pilots, we’ll be able to draw on Singapore’s expertise and experience and learn from them.
2.12
On the ground, the two air forces work closely together to ensure that the arrangements work to the benefit of both Parties:
There is close cooperation between the flying units … it’s quite a busy airfield, so that close cooperation is required so that the flying programs of both air forces can be dovetailed and not cause conflict. We do have a standing arrangement of a qualified flying instructor exchange, so one of our instructors has insight into the training programs and practices of the Singaporeans and vice versa, and there’s a fair amount of, as you would imagine, of social and informal interaction between the Singaporeans and the Australian forces on the base.
2.13
Asked if Singapore could change its aircraft fleet, Defence explained that there was provision for Singapore to do so following consultation:
The number of aircraft is specified. It says in article 4(1) that the Republic of Singapore air force may use up to 30 aircraft of a type as mutually determined in an implementing arrangement, so there is a process of consultation with Singapore about the types of aircraft. They don’t just swap out aircraft tomorrow without consultation; that is part of one of the implementing arrangements.
2.14
The Committee inquired if the treaty is likely to stifle closer cooperation or innovation, perhaps with regard to sharing resources. Defence assured the Committee that the treaty would not inhibit cooperation between the two countries in any way, but cautioned that Singapore’s obligation to pay for its costs with regard to the use of RAAF Base Pearce would have to be considered:
There’s nothing to stop us being innovative in this treaty. The treaty very specifically provides for Singapore to establish its flying training institute and just converts that MOU into a treaty in many ways, but there’s nothing in there that stops us cooperating with them more deeply … Singapore is responsible for its own costs, so we’d need to work through any issues … but there is nothing in this that prevents us from developing closer cooperation with Singapore, no.
2.15
The NIA maintains that the significant RSAF presence at RAAF Base Pearce ensures continued economic benefits to Australian businesses in the area and notes that the local community is supportive of the Singaporean presence.
2.16
The NIA suggests that the Agreement demonstrates Australia’s commitment to the CSP with Singapore and to the ongoing development of the wider bilateral relationship. Defence described the Agreement as a ‘key aspect’ of supporting the CSP:
That CSP sets out how Australia and Singapore will strengthen our relationship, including through economic security, people-to-people and foreign policy. Greater collaboration on training is a key element of the comprehensive strategic partnership, and that will be advanced by the treaty under consideration today.
The Agreement
Obligations
2.17
The Exchange of Notes constituting a Status of Forces Agreement between the Government of Australia and the Government of the Republic of Singapore (SOFA), which entered into force on 10 February 1988 (or any successor agreement) applies to this Agreement.
2.18
Article 2 provides for the RSAF to maintain operation of a Flying Training Institute at RAAF Base Pearce in Western Australia.
2.19
Article 3 details the activities of the Flying Training Institute, which include basic flying training, flying instructor courses, weapons systems officer courses, and the maintenance of the quality and standards of fixed winged flying instructions. According to Article 3(e), other activities may be mutually determined between the two Parties. According to the NIA, the Australian Department of Defence (ADOD) can suspend these activities if they would adversely affect RAAF training, operations or operational readiness.
2.20
Article 4 outlines the composition of the Flying Training Institute. Article 4(1) provides that the RSAF may use up to 30 aircraft of a type as mutually determined in an implementing arrangement to this Agreement for the conduct of Activities. Article 4(2) provides that with prior written consent, the RSAF may use additional RSAF aircraft, vehicles and equipment in support of its activities. Article 4(5) provides that the Parties shall mutually determine, through an implementation arrangement, the maximum number of RSAF personnel forming part of the RSAF Flying Training Institute and the maximum number of contractors permitted at Pearce.
2.21
Article 5 obliges the Flying Training Institute to conduct activities in accordance with Australian laws and policies, as well as ADOD instructions. Any activities that the ADOD considers do not comply with such laws, policies, and instructions must be suspended until the non-compliance is rectified to the satisfaction of the ADOD (Article 5(3)).
2.22
Article 7 outlines noise abatement policies. Article 7(1) provides that should the conduct of RSAF activities prevent the effective application of ADOD noise abatement policies, the Parties shall immediately consult to mutually determine noise mitigation measures. In the event of noise complaints from the local community that result from the RSAF flying, or a combination of the RSAF and RAAF flying, the ADOD will handle them in the same manner as complaints made in relation to RAAF activities. The ADOD will liaise with the local community on the matters on behalf of the RSAF, and any costs of settlement will be apportioned according to the responsibility of the RSAF and RAAF (Article 7(3) and (4)).
2.23
Article 8(1) and (2) obliges the RSAF to notify the RAAF Commander of any breaches of flying regulations and to participate in safety audits. The RSAF will undertake any corrective action needed to comply with these requirements. The RAAF will coordinate accident response at RAAF Base Pearce, but will seek to accommodate RSAF policies and procedures where practicable (Article 8(3)).
2.24
Article 9 provides for the management of aircraft, vehicles and equipment. The numbers and types of aircraft, vehicles and equipment at the Flying Training Institute will be closely monitored (Article 9(1)). The RSAF will not use explosives at RAAF Base Pearce without ADOD consent, and any RSAF explosives must be stored in accordance with procedures to be detailed in an implementing arrangement to the Agreement (Article 9(2) and (3)).
2.25
Article 10(2) provides that the ADOD shall provide the support requested by Singapore on a best endeavour basis, consistent with Australia’s national requirements, priorities and capabilities.
2.26
Article 11 allows for Singapore to procure goods and services from a commercial entity, noting that under Article 11(1c) and 11(3) it must demonstrate a practical commitment to the use of local Australian suppliers and report against this requirement. However, under Article 11(2), the use of Australian suppliers is subject to exemptions.
2.27
Article 12 provides for the development, upgrade and use of facilities at RAAF Base Pearce. Article 12(3) provides that Singapore does not have full control over the facilities it uses at RAAF Base Pearce, and that certain ADOD personnel retain right of access.
2.28
Article 13 provides that Australia is primarily responsible for the security of RAAF Base Pearce. The RSAF must comply with security regulations and instructions, and report and rectify any breaches (Article 13(1)-9). Classified information exchanged under the Agreement is government by the Agreement between the Government of Australia and the Government of the Republic of Singapore for the Reciprocal Protection of Classified Information Transmitted Between the Australian Department of Defence and the Singapore Ministry of Defence 1997 (or successor agreement) (Article 13(10)).
2.29
Article 14(1) provides for Singaporean personnel and their dependents to receive certain immunities from Australian criminal jurisdiction under SOFA. Article 14(2) provides that the resident RSAF commander shall exercise command, control and discipline over all RSAF personnel. Article 14(3) allows Australia to request in writing that certain RSAF personnel be removed from Australia should their behaviour be professionally or socially unacceptable.
2.30
Article 15(1) provides the maximum stay in Australia of RSAF personnel at three years, unless mutually determined by the Joint Australia Singapore Coordination Group.
2.31
Article 16(1) obliges Singapore to ensure that all personnel are medically fit before arrival in Australia. The Singaporean personnel may be provided medical care at RAAF Base Pearce as set out in an implementing arrangement to the Agreement (Article 16(4)).
2.32
Article 19 provides for Singaporean personnel and their dependents to be exempt from taxes and duties in connection with activities under the Agreement in accordance with SOFA.
2.33
Article 20 provides for claims arising from the Agreement to be handled in accordance with SOFA, except that no claims will be waived for damage to property or personal injury, and Singapore will pay all compensation arising from conduct for which it is solely responsible.
2.34
Article 22 provides that disputes arising from the interpretation or implementation of the proposed Agreement shall be resolved by consultation and negotiation between the Parties, and not referred to any national or international tribunal or court or any third party for resolution.
2.35
Defence assured the Committee that there have been no disputes over the past 25 years of the operation of the Flying Institute that have been referred to a tribunal or court:
There certainly haven’t been disputes that have been elevated to that level … I’m sure that over 25 years there have been discussions around which aircraft might fly on which days, but nothing I’m aware of was elevated to a national government level.
Implementation
2.36
The NIA states that the Department of Defence will lead Australia’s implementation of the Agreement and that implementation does not require any changes to Australian law or regulations.
Costs
2.37
The NIA maintains that Singapore will be responsible for all costs associated with the Flying Training Institute. Defence told the Committee that Singapore pays the Australian Government ‘in the order of $10 million annually to cover the cost of fuel, meals and other services’ provided at the Base.
2.38
Article 18 requires further details regarding finances to be set out in implementing arrangements to the Agreement.
2.39
The Committee questioned the application of Article 19 with regard to tax and duty exemptions for dependants of Singaporean personnel. Defence explained that dependents only receive the tax and duties privileges under the Agreement in accordance with the Exchange of Notes constituting a Status of Forces Agreement between the Government of Australia and the Government of the Republic of Singapore 1988 (SOFA).
2.40
Defence summarised the privileges afforded to dependents in Article 5 of SOFA:
an entitlement to import personal effects, furniture and household goods (other than cigarettes, cigars, tobacco and spirituous liquors), and a motor vehicle, free of duty and sales tax, subject to particular conditions; and
an exemption from Australian estate and gift duty laws relating to personal property being transferred to or from Dependents, subject to particular conditions.
2.41
However, Defence stated that other than the specifications provided in the Agreement and SOFA, ‘the particular tax arrangements of such Dependents will be governed by Australian law, and any applicable double taxation agreements’.
Conclusion
2.42
The Committee supports the ratification of the treaty and recommends that binding treaty action be taken.
2.43
The Committee supports the ratification of the Agreement between the Government of Australia and the Government of the Republic of Singapore concerning the Republic of Singapore Air Force Flying Training Institute Detachment at Royal Australian Air Force Base Pearce and recommends that binding treaty action be taken.