Chapter 1 Introduction
Purpose of the report
1.1
This report contains the Joint Standing Committee on Treaties’ review of
treaty actions tabled on 21 August, 11 September and 18 September 2012.
1.2
These treaty actions are proposed for ratification and are examined in
the order of tabling:
- Tabled 21 August
2012
- Regional Cooperation Agreement on Combating Piracy and Armed
Robbery against Ships in Asia (Tokyo, 11 November 2004)
- Tabled 11
September 2012
- Treaty between Australia and the Socialist Republic of Vietnam
on Extradition done at Canberra on 10 April 2012
- Partial Revision of the 2008 Radio Regulations, as
incorporated in the International Telecommunication Union Final Acts of the
World Radiocommunication Conference (WRC-12) done at Geneva on 17 February 2012
- Tabled 18
September 2012
- Agreement between the Government of Australia and the Kingdom
of Spain for the Mutual Protection of Classified Information of Defence
Interest done at Madrid on 17 November 2011
- Minor Treaty
Actions
- Amendments to the Schedule of the International Convention on
the Regulation of Whaling
- MARPOL Resolution MEPC.216(63): Regional arrangements for
port reception facilities under MARPOL Annexes I, II, IV and V
- MARPOL Resolution MEPC.217(63): Regional arrangements for
port reception facilities under MARPOL Annex VI and Certification of marine
diesel engines fitted with Selective Catalytic Reduction systems under the NOx
Technical Code 2008
1.3
The Committee’s resolution of appointment empowers it to inquire into
any treaty to which Australia has become signatory, on the treaty being tabled
in 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 Australians 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 and 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. The treaties examined in this report do not require an
RIS.
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
Copies of each treaty and its associated documentation may be obtained
from the Committee Secretariat or accessed through the Committee’s website at: <http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsct/under_review.htm>
Conduct of the Committee’s review
1.9
The treaty actions reviewed in this report were advertised on the
Committee’s website from the date of tabling. Submissions for the treaties tabled
on 21 August were requested by Friday, 21 September 2012;
submissions for the treaties tabled on 11 September were requested by Friday,
12 October 2012 and submissions for the treaties tabled on
18 September were requested by Friday, 19 October 2012 with
extensions available on request.
1.10
Invitations were made to all State Premiers, Chief Ministers and to the Presiding
Officers of each Parliament to lodge submissions. The Committee also invited
submissions from individuals and organisations with an interest in the
particular treaty under review.
1.11
The Committee examined the witnesses on each treaty at a public hearing
held in Canberra on Monday 29 October 2012.
1.12
Transcripts of evidence from the public hearing may be obtained from the
Committee Secretariat or accessed through the Committee’s website under the
treaty’s tabling date, being:
- 21 August 2012
<http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsct/21august2012/hearings.htm>
- 11 September 2012
<http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsct/11september2012/hearings.htm>
- 18 September 2012
<http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsct/18september/hearings.htm>
1.13
A list of witnesses who appeared at the public hearings is at Appendix A.