Executive summary
This report contains the Joint Standing Committee on Treaties’ review of the following major treaty actions:
- Agreement between the Government of Australia and the Government of the Democratic Republic of Timor-Leste on Cooperation in the Field of Defence and the Status of Visiting Forces (Canberra, 7 September 2022) (Timor-Leste Agreement)
- Agreement between Australia and the Republic of Serbia on Social Security (Belgrade, 20 January 2023) (Serbia Agreement)
Timor-Leste Agreement
The Agreement establishes a legally binding framework to govern defence cooperation activities between Australia and Timor-Leste. It would facilitate a range of cooperative activities including the conduct of maritime military and other operations; exchanges and exercises; international humanitarian assistance and disaster relief; education and training; and logistic support. Most provisions in the Agreement reflect those commonly found in Australia’s existing status of forces agreements.
This would be the ninth country with which Australia has negotiated a defence cooperation and status of forces agreement. As with other such agreements, it does not create an alliance or any alliance-type obligations, neither does it provide for either force to conduct activities in the territory of the other Party without consent.
The Agreement embodies Australia’s strengthening diplomatic and defence ties across the region and provides for mutually beneficial defence engagement between Australia and Timor-Leste. It represents the maturing of the long-standing bilateral relationship and will contribute to the future expansion of military cooperation and training.
The committee supports the Agreement and recommends binding treaty action be taken.
Serbia Agreement
The Agreement is based on a model agreement and would allow each Party to pay a benefit that reflects a person’s association with that Party’s social security system. For Australia, the Agreement covers the age pension; for Serbia, it covers pension and disability insurance. The Agreement would also allow for a claim for a benefit to be lodged in either Party and provides for the sharing of information between Parties.
The Government believes that the following groups of people may be able to benefit under the Agreement: Australian residents who wish to move to Serbia in their retirement (including those born in Serbia or with Serbian ancestry); Australian residents who have previously worked in Serbia; former Australian residents living in Serbia and Australian employers temporarily seconding workers to Serbia who will not be subject to double liability.
The Government further believes that the Agreement would help maximise the income of Australian residents, which would have a positive flow-on effect within the Australian economy; further strengthen bilateral relations between Australia and Serbia; provide choices in retirement for individuals who migrate between Australia and Serbia during or after their working lives and bring economic and social benefits to Australia.
The committee supports the Agreement and recommends binding treaty action be taken.
The report also contains the Committee’s examination of four minor treaty actions:
- amendments to the Convention on the International Maritime Organization
- Resolution MSC.188(79)REV.1—Revised Performance Standards for Water Level Detectors on Ships Subject to SOLAS Regulations II-1/25, II-1/25-1 and XII/12
- Resolution MSC.496(105)— Amendment to the International Convention for the Safety of Life at Sea, 1974 (radiocommunications)
- amendments adopted by the 75th World Health Assembly to the International Health Regulations (2005).