1.1
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 Hungary concerning Oil Stock Contracts;
Agreement on Mutual Recognition in Relation to Conformity Assessment, Certificates and Markings between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland;
Agreement on Trade in Wine between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland;
Treaty between Australia and the Kingdom of the Netherlands on the Ongoing Presence of Australian Personnel in the Netherlands for the Purpose of Responding to the Downing of Malaysia Airlines Flight MH17;
Agreement between the Government of Australia and the Government of the Kingdom of Thailand relating to Air Services;
Agreement between the Government of Australia and the Government of the Democratic Republic of Timor-Leste relating to Air Services;
Agreement between the Government of Australia and the Government of Papua New Guinea relating to Air Services;
Agreement between the Government of Australia and the Government of the Italian Republic regarding the undertaking of work by cohabiting family members of diplomatic, consular and technical and administrative staff; and
Convention between the Government of Australia and the Government of the State of Israel for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance.
1.2
The Committee’s inquiry into the first eight treaty actions listed above lapsed at the dissolution of the 45th Parliament. These treaties were re-referred following the establishment of the Committee in the 46th Parliament. The Convention between Australia and the State of Israel on taxation (Double Taxation‑Israel) was referred on 9 September 2019 and the Committee agreed to a request from the Treasurer that the treaty be considered urgently.
1.3
The Committee’s resolution of appointment empowers it to inquire into any treaty to which Australia has become a signatory, on the treaty being tabled in the 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 Australia 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, 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.
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
None of the treaty actions examined in this report required a RIS.
1.9
Copies of the treaties considered in this report and the associated documentation may be obtained from the Committee Secretariat or accessed through the Committee’s website at:
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/OilStocks-Hungary
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/MRA-UK
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/TradeinWine-UK
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/MH-17Netherlands
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/AirServicesThailand
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/AirServicesTimor-Leste
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/AirServices-PNG
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/WorkdiplomatfamilyItaly
https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/DoubleTax-Israel
1.10
This report also contains the Committee’s reviews on six minor treaty actions:
2018 amendments to Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 relating thereto (MARPOL) MEPC.305(73);
2017 Amendments to the International Convention for the Safety of Life at Sea Resolution MSC.421(98);
2018 Amendments to the International Convention for the Safety of Life at Sea Resolution MSC.436(99);
Adjustments to the Montreal Protocol on Substances that Deplete the Ozone Layer relating to the controlled substances on Annex C, Group I adopted at Quito on 9 November 2018;
Amendment to the Treaty on Extradition between Australia and Ireland; and
Acceptance of the accessions of Andorra, Armenia, Brazil, Colombia, Costa Rica, Montenegro and Morocco to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
Conduct of the Committee’s review
1.11
The first eight treaty actions listed at paragraph 1.9 were advertised on the Committee’s website from the original date of the tabling in the 45th Parliament. Submissions for those treaty actions were requested by 15 March 2019. One submission was received for the inquiry into Trade in Wine with the United Kingdom, and one each for the following inquiries: MH17 Netherlands; the three air service agreements; and working arrangements for diplomatic family members.
1.12
The Committee held public hearings into those treaty actions in Canberra on 1 April 2019. The transcripts of evidence from the public hearings may be obtained from the Committee Secretariat or accessed through the Committee’s website as listed above.
1.13
The treaties were re-referred to the Committee by the Minister for Foreign Affairs on 29 July 2019, following the re-establishment of the Committee in the 46th Parliament. The Committee resolved to adopt the evidence received by the previous Committee for all the lapsed treaty actions under review. The Committee also sought updated advice from all witnesses who appeared at the April 2019 hearings. Subsequently correspondence was noted, and any updated information was accepted as a submission.
1.14
The inquiry into Double Taxation‑Israel was advertised on the Committee’s website and one submission was received. The Committee held a public hearing on 16 September 2019.
1.15
A list of submissions received for the inquiries is at Appendix A. A list of witnesses who appeared at the public hearings is at Appendix B.