Chapter 1 Introduction

Purpose of the Report

1.1                   This report contains advice to Parliament on the review by the Joint Standing Committee on Treaties of nine treaty actions tabled in Parliament on 18, 25 and 26 November 2009 and 2 February 2010. These treaty actions are the:

n  Amendment to the Convention Establishing a Customs Cooperation Council adopted at Brussels in 1952;

n  Agreement between Australia and the Republic of Lebanon regarding Cooperation on Protecting the Welfare of Children (Beirut, 18 March 2009);

n  Agreement between Australia and the Republic of Poland on Social Security (Warsaw, 7 October 2009);

n  Second Protocol amending the Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income as amended by the Protocol of 16 October 1989;

n  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;

n  Treaty between Australia and the Republic of India on Mutual Legal Assistance in Criminal Matters (Canberra, 23 June 2008);

n  Extradition Treaty between Australia and the Republic of India (Canberra, 23 June 2008);

n  Amendment and extension of the Agreement between the Government of Australia and the Government of the United States of America concerning Space Vehicle Tracking and Communications Facilities effected by exchange of notes at Canberra May 29, 1980, as amended; and

n  Measure 16 (2009) Amendment of Annex II to the Protocol on Environmental Protection to the Antarctic Treaty (1998) (Baltimore, 17 April 2009).[1]

1.2                   One of the powers of the Committee set out in its resolution of appointment is to inquire into and report on matters arising from treaties and related National Interest Analyses (NIAs) presented. This report deals with inquiries conducted under this power, and consequently the report refers frequently to the treaties and their associated NIAs. Copies of each treaty and its associated NIA may be obtained from the Committee Secretariat or accessed through the Committee’s website at:

www.aph.gov.au/jsct

1.3                   Copies of each treaty action and the NIAs may also be obtained from the Australian Treaties Library maintained on the internet by the Department of Foreign Affairs and Trade. The Australian Treaties Library is accessible through the Committee’s website or directly at:

www.austlii.edu.au/au/other/dfat/

Conduct of the Committee’s Review

1.4                   The reviews contained in this report were advertised in the national press and on the Committee’s website.[2] Invitations to lodge submissions were also sent to all State Premiers, Chief Ministers, Presiding Officers of parliaments and to individuals who have expressed an interest in being kept informed of proposed treaty actions. Submissions received and their authors are listed at Appendix A.

1.5                   The Committee also received evidence at public hearings on 1, 9 and 22 February 2010 in Canberra. A list of witnesses who appeared at the public hearings is at Appendix B. Transcripts of evidence from the public hearings 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/25november2009/hearings.htm

and

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsct/2february2010/hearings.htm