Chapter 1 Introduction

Purpose of the report

1.1                   This report contains the Joint Standing Committee on Treaties’ review of treaty actions tabled on 18 September 2012 and 30 October 2012.

1.2                   These treaty actions are proposed for ratification and are examined in the order of tabling:

• Tabled 18 September 2012
  
  
• Agreement Establishing the African Development Fund done at Abidjan, Côte d’Ivoire on 29 November 1972 as amended [2012]
  
  
• Agreement Establishing the African Development Bank done at Khartoum, Sudan on 4 August 1963 as amended [2012]
  
  
• Tabled 30 October 2012
  
  
• Loan Agreement between Australia and the International Monetary Fund (not yet signed) [2012]
  
  
• Agreement between the Government of Australia and the Government of Japan on the Security of Information (Tokyo, 17 May 2012)
  
  
• Minor Treaty Actions
  
  
• 2012 Amendments to Annex I of the International Convention Against Doping in Sport of 19 October 2005
  
  
• Amendments, adopted at London on 24 May 2012, to the Protocol of 1988 relating to the International Convention on Load Lines, 1966, as amended (Resolution MSC.329(90))
  
  
• Amendments, adopted at London on 24 May 2012, to the International Convention for the Safety of Life at Sea, 1974, as amended (Resolution MSC.325(90))
  
  
• Amendment, adopted on 1 October 1999, to Article XIV.A of the Statute of the International Atomic Energy Agency (IAEA) (Resolution GC(43)/RES/8)

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 18 September were requested by Friday, 19 October 2012 and submissions for those tabled on 30 October were requested by Friday, 23 November 2012 with extensions available on request.

1.10               Invitations were made to all State Premiers, Territory 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, 26 November 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:

• 18 September 2012
  
  <http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsct/18september/hearings.htm>
  
  
• 30 October 2012
  
  <http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsct/30october/hearings.htm>

1.13               A list of witnesses who appeared at the public hearing is at Appendix A

1.14               A list of submissions received and their authors is at Appendix B.