3. Minor treaty actions
   1. Minor treaty actions are normally technical amendments to existing treaties that do not significantly affect the national interest. They are presented to the Committee with an explanatory statement and are published on the Committee’s website unless a request for confidentiality is received and agreed to by the Committee.
   2. The Committee can choose to formally inquire into these treaty actions or accept them without a formal inquiry. Once considered they are incorporated into a report of the Committee at the next opportunity.
   3. The Committee has been asked to consider the following minor treaty actions.

2023 Amendment to Annex I of the International Convention against Doping in Sport

Referral of the proposed minor treaty action

3.4On 6 November 2023, the Assistant Minister for Foreign Affairs, the Hon Tim Watts MP, referred the 2023 Amendment to Annex I of the International Convention against Doping in Sport (the Doping in Sport Amendment).

Background

3.5The United Nations Education, Scientific and Cultural Organisation (UNESCO)’s International Convention Against Doping in Sport (2005) (The Convention) entered into force on 1 February 2007.[1] The Convention, which identifies the substances and methods which are prohibited in sport,[2] is now the second most ratified UNESCO treaty and has 191 States Parties,[3] including Australia.[4] The aim of the Convention is to harmonise anti-doping legislation, guidelines, regulation, and rules internationally.[5]This is intended to provide a fair and equitable experience for athletes.[6]

3.6Through the Convention, States Parties commit to:

• encourage international cooperation for the benefit of athletes and sport;
• limit the availability of prohibited substances and methods;
• facilitate doping controls;
• support national testing programmes;
• encourage producers and distributors of nutritional supplements to establish best practices with respect to the labelling, marketing, and distribution of products which might contain prohibited substances;
• support anti-doping education programmes and
• engage in the promotion of research on anti-doping.[7]
  7. The Convention also establishes an assistance mechanism, the Fund for the Elimination of Doping in Spot, so that States Parties can design and implement specific anti-doping capacity building, education, and policy projects.[8]
  8. The Convention further assists in ensuring the effectiveness of the World Anti-Doping Code (the Code) which is a non-governmental document that only applies to sports organisations.[9] The Code is ‘the core document that harmonises anti-doping policies, rules and regulations within sport organisations and among public authorities around the world.’[10] The Convention provides the legal framework through which governments can address specific areas.[11]
  9. Australia’s main anti-doping legislation is outlined in the Sport Integrity Australia Act 2020, the Sport Integrity Australia Regulation 2020 and the National Anti-Doping (NAD) scheme.[12]
  10. Under Article 3(c) of the Convention, States Parties undertake to foster international cooperation with, among others, the World Anti-Doping Agency (WADA), in the fight against doping in sport.[13] Australia works with WADA[14]which ‘was established in 1999 as an international independent agency to lead a collaborative worldwide movement for doping-free sport.’[15] Australia also collaborates overseas with anti-doping organisations and other stakeholders to further Australia’s efforts to strengthen anti-doping practices internationally.[16]

Proposed minor treaty action

3.11This minor treaty action amends Annex 1 (Prohibited List – International Standard) of the Convention which was adopted by the WADA.[17] This Annex, an integral part of the Convention, identifies substances and methods which are prohibited in sport.[18]The proposed amendments to Annex 1 update the existing Annex of the Convention to reflect the 2024 Prohibited List.[19] WADA reviews the Prohibited List annually and in doing so consults on possible amendments.[20] Australia contributes to the consultation process.[21]

3.12The Government believes that the proposed minor treaty action will not impact significantly on the national interest.[22] The Government notes that there will be a negligible practical, legal and financial effect on Australia as the changes only update the existing list to reflect minor amendments.[23]

3.13The proposed amendments were adopted by the WADA on 22 September 2023 and took effect on 1 January 2024.[24] Australia did not intend to object to these amendments therefore they entered into force for Australia on 1 January 2024.[25]

3.14On 1 October 2023 the Director-General of UNESCO notified States Parties of the proposed amendments to Annex 1.[26] The Doping in Sport Amendments were deemed to be approved by the Conference of Parties 45 days after that notification, which was 14 November 2023.[27] That is, unless two-thirds of States Parties expressed their objection.[28]

3.15The proposed amendments then entered into force 45 days after the Director-General provided further notification of this deemed approval, which was 1 January 2024.[29] That is, aside from any state that notified the Director-General that it did not accept the proposed amendment.[30]

Justifications

3.16The Doping in Sport Amendments harmonise the regulation of anti-doping arrangements internationally, both in and out of competition globally.

3.17The amendments provide certainty and consistency for Australian athletes who must comply with the WADA Prohibited List.

3.18If there is a discrepancy between Australia’s agreed Prohibited List (Annex 1) and the WADA’s Prohibited List, Sports Integrity Australia would be restricted in its ability to implement its anti-doping regime in accordance with the requirements of the Code.[31]

Legislative changes

3.19Compliance with the amendments does not require amendment to the Australian anti-doping legislative framework.[32] The specification of prohibited substances and methods under Australia’s anti-doping arrangements is based on the Prohibited List, as adopted by WADA and in force at the time.[33]

Amendment to the International Convention for the Safety of Life at Sea, 1974

Referral of the proposed minor treaty action

3.20On 4 December 2023, the Assistant Minister for Foreign Affairs, the Hon Tim Watts MP, referred the Amendment to the International Convention for the Safety of Life at Sea, 1974 (the SOLAS Amendment).

Background

3.21The International Convention for the Safety of Life at Sea 1974 (SOLAS) was adopted on 1 November 1974 and entered into force on 25 May 1980.[34]The Convention is regarded as the most important treaty concerning the safety of merchant ships.[35] The primary objective of the Convention is to specify minimum standards for the construction, equipment and operation of ships, compatible with their safety.[36]

3.22The first version of SOLAS was adopted in 1914 in response to the Titanic disaster.[37]The second version was adopted in 1929, the third in 1948 and the fourth in 1960.[38]The 1974 version of the Convention has been updated and amended on numerous occasions.[39] The 1974 version of the Convention includes what is called the tacit acceptance procedure.[40] This procedure provides that an amendment shall enter into force on a specific date unless objections are received from a certain number of parties prior to that date.[41]

Proposed minor treaty action

3.23The proposed minor treaty action is the amendment of SOLAS by resolution MSC.521(106) which was adopted by the IMO on 10 November 2022. Pursuant to this amendment, a new chapter, Chapter XV would be inserted into SOLAS and entitled: ‘Safety measures for ships carrying industrial personnel’.[42] This would apply in instances where vessels are engaged on international voyages.[43] This new chapter would be added after existing chapter XVI: Safety measures for ships operating in polar waters.[44]

3.24The Government notes that the SOLAS Amendment is expected to have only minor practical, legal and financial effect on Australia.[45] The Government explains that this is because it is rare that a vessel would carry industrial personnel to an Australian offshore facility from overseas.[46] In addition to this, the Government says that Australia’s current regulatory arrangements on the safety of vessels engaged in offshore operations ‘likely meet, if not, exceed, the Amendment’s effect’.[47]

3.25According to new Regulation 3(1), the new provisions would primarily apply to ships and high-speed cargo craft of 500 gross tonnage or greater.[48] These craft must have been constructed on or after 1 July 2024 and carry more than 12 industrial personnel.[49] The Amendment also includes the requirement to comply with the International Code of Safety for Ships Carrying Industrial Personnel, which was adopted on 10 November 2022 by resolution MSC.527(106) (the Code).[50] This amendment will take effect from 1 July 2024.[51] This resolution does not amend SOLAS but rather the Code is referred to in the new chapter.[52]

3.26The amendment inserts into SOLAS the requirement that specified vessels apply the Code on international voyages.[53] The Code sets out requirements for vessel stability, machinery installations and electrical installations, unattended machinery spaces, fire safety, life-saving appliances and arrangements, and dangerous goods.[54] Further, the Code includes requirements relating to the training and safe transfer of industrial personnel.[55]

3.27The amendment enters into force on 1 July 2024 unless prior to 1 January 2024 the Secretary-General of the IMO has been notified of objections by more than one third of all Contracting Governments to SOLAS; by Contracting Governments to SOLAS whose combined merchant fleet are not less than 50 per cent of the gross tonnage of the world’s merchant fleets.[56]

Justifications

3.28The Amendments:

• enable Australia’s compliance with the new international obligations created by the amendment and the safety standards it establishes;
• help to ensure regulated Australian vessels meet international standards, are interoperable with foreign vessels and can access international commercial opportunities;
• ensure that the training of Australian seafarers remains in line with SOLAS standards and enhances their access to employment opportunities overseas.[57]

Legislative changes

3.29The Government explains that only minor amendments to the Navigation Act 2012 (Cth) (the Act) are required to give effect to the Amendment.[58] Section 14 of the Act would need to be amended to exclude industrial personnel from the existing definition of “passenger”.[59] In addition, section 339 of the Act would need to be amended to authorise regulations in relation to industrial personnel vessels.[60]

Conclusion

3.30The Committee resolved that:

• the 2023 Amendment to Annex I of the International Convention against Doping in Sport be endorsed as a minor treaty action without inquiry;
• binding treaty action be recommended in relation to the 2023 Amendment to Annex I of the International Convention against Doping in Sport.
  31. Note that it is ultimately not necessary for the Committee to adopt a resolution that binding treaty action should be taken as the amendments already came into effect on 1 January 2024. This Minor Treaty Action was sent to the Committee with insufficient time prior to deemed acceptance for the Committee to consider the minor treaty action.
  32. The Committee further resolved that:
• the Amendment to the International Convention for the Safety of Life at Sea, 1974 be endorsed as a minor treaty action without inquiry;
• binding treaty action be recommended in relation to the Amendment to the International Convention for the Safety of Life at Sea, 1974.

Mr Josh Wilson MPChair20 March 2024

Footnotes

[1] United Nations Scientific and Cultural Organisation (UNESCO), ‘International Convention against

Doping in Sport’, en.unesco.org/themes/sport-and-anti-doping/convention, viewed 1 March 2024.

[2] Explanatory Statement 9 of 2023 (ES), para 1.

[3] UNESCO, International Convention against Doping in Sport.

[4] Sport Integrity Australia, ‘Anti-Doping’, www.sportintegrity.gov.au/what-we-do/anti-

doping, viewed 1 March 2024.

[5] UNESCO, International Convention against Doping in Sport.

[6] UNESCO, International Convention against Doping in Sport.

[7] UNESCO, International Convention against Doping in Sport.

[8] UNESCO, International Convention against Doping in Sport.

[9] UNESCO, International Convention against Doping in Sport.

[10] World Anti-Doping Agency, ‘The World Anti-Doping Code’, www.wada-

ama.org/en/what-we-do/world-anti-doping-code, viewed 1 March 2024.

[11] UNESCO, International Convention against Doping in Sport.

[12] ES, para 10.

[13] ES, para 3.

[14] Sport Integrity Australia, Anti-Doping.

[15] World Anti-Doping Agency (WADA), ‘Who We Are’, www.wada-ama.org/en/who-we-are, viewed 1 March 2024.

[16] Sport Integrity Australia, Anti-Doping.

[17] ES, para 2.

[18] ES, para 1.

[19] ES, para 2.

[20] ES, para 3.

[21] ES, para 3.

[22] ES, para 4.

[23] ES, para 4.

[24] ES, para 2.

[25] ES, para 7.

[26] ES, para 5.

[27] ES, para 5.

[28] ES, para 6.

[29] ES, para 6.

[30] ES, para 6.

[31] ES, para 9.

[32] ES, para 11.

[33] ES, para 11.

[34] International Maritime Organisation (IMO), ‘International Convention for the Safety of Life at Sea

(SOLAS), 1974’, www.imo.org/en/About/Conventions/Pages/International-Convention-for-the-

Safety-of-Life-at-Sea-(SOLAS),-1974.aspx, viewed 29 February 2024.

[35] IMO, SOLAS 1974.

[36] IMO, SOLAS 1974.

[37] IMO, SOLAS 1974.

[38] IMO, SOLAS 1974.

[39] IMO, SOLAS 1974.

[40] IMO, SOLAS 1974.

[41] IMO, SOLAS 1974.

[42] Explanatory Statement 10 of 2023 (ES) [1].

[43] ES [1]; Resolution MSC.521(106) (adopted on 10 November 2022) Annex.

[44] Resolution MSC.521(106) Annex.

[45] ES [1].

[46] ES [1].

[47] ES [1].

[48] ES [1]; Resolution MSC.521(106), Regulation 3(1).

[49] ES [1]; Resolution MSC.521(106), Regulation 3(1).

[50] Resolution MSC.521(106), Regulation 1 – Definitions, Regulation 2(1).

[51] ES [1].

[52] ES [1].

[53] ES [2].

[54] ES [2]; Resolution MSC.527(106), Part II, articles 3-9.

[55] ES [2]; Resolution MSC.527(106), Part II, articles 1.2 and 2.

[56] ES [2]; Resolution MSC.521(106), Preamble.

[57] ES [2].

[58] ES [1].

[59] ES [1].

[60] ES [1].