This Report contains the Joint Standing Committee on Treaties’ review of the following treaty actions:
Agreement between the Government of Australia and the Government of Ukraine on Cooperation in the Peaceful Uses of Nuclear Energy (Washington DC, 31 March 2016); and
Treaty on Extradition Between Australia and the People’s Republic of China (Sydney, 6 September 2007).
The Agreement between the Government of Australia and the Government of Ukraine on Cooperation in the Peaceful Uses of Nuclear Energy was tabled in the Parliament on 12 September 2016.
The Ukraine is dependent on nuclear power and is endeavouring to source nuclear materials from countries other than its traditional supplier, Russia. While the Ukrainian Government is attempting to improve the safety and security of its nuclear energy program, Australian nuclear material in Urkraine faces serious risks from war, civil unrest, and corruption.
Therefore the Committee has recommended ratification of the treaty action only if Australia has a suitable contingency plan for the removal of Australian nuclear material if the material is at risk of a loss of regulatory control.
The inquiry into the Treaty on Extradition Between Australia and the People’s Republic of China lapsed at the end of the 44th Parliament. The Treaty was re-referred at the beginning of the 45th Parliament and the current Committee resolved to accept the evidence received by the previous Committee and not call for further submissions. However, the Committee conducted one further public hearing for the inquiry.
The Committee regularly examines extradition treaties and is aware of the tension between combating domestic and transnational crime and protecting the human rights of individuals facing extradition. In this case concerns were raised regarding the lack of transparency in the Chinese justice system, allegations of the ill-treatment and torture of prisoners, and the continuing imposition of the death penalty.
The Committee has recommended ratification of the treaty action but has also put forward four additional recommendations designed to strengthen the protection of individual human rights.
The Report also includes details of six minor treaty actions for which the Committee has agreed that binding treaty action be taken:
Amendments to the Annex of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 Relating Thereto (MARPOL) - Amendments to MARPOL Annex II Resolution MEPC.270(69);
Amendments to the Annex of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 Relating Thereto (MARPOL) – Amendments to regulation 13 of MARPOL Annex VI Resolution MEPC.271(69);
Amendments to the Annex of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 Relating Thereto (MARPOL) – Amendments to MARPOL Annex IV Resolution MEPC.274(69);
Third Protocol Establishing the Prolongation of the Treaty between the Kingdom of the Netherlands and Australia on the Presence of Australian Personnel in the Netherlands for the Purpose of Responding to the Downing of Malaysia Airlines Flight MH17;
Exchange of letters with Switzerland to bring forward the start of exchange of tax information; and
Amendment to Annex I of the International Convention Against Doping in Sport.