Chapter 1 Introduction
Purpose of the report
1.1
This report contains the Joint Standing Committee on Treaties’ review of
treaty actions tabled on 20 March and 8 May 2012.
1.2
These treaty actions are proposed for ratification and are examined in
the order of tabling:
n Tabled 20 March
2012
Þ
Fifth Agreement to Extend the 1987 Regional Cooperative
Agreement for Research, Development and Training related to Nuclear Science and
Technology done at Bali on 15 April 2011
n Tabled 8 May 2012
Þ
Exchange of Notes, done at Canberra on 9 December 2011,
constituting an Agreement between Australia and the United States of America to
Amend and Extend the Agreement on Cooperation in Defense Logistics Support,
done at Sydney on 4 November 1989
Þ
Convention on Mutual Administrative Assistance in Tax Matters,
done at Strasbourg on 25 January 1988 (Text amended by the provisions of the
Protocol amending the Convention on Mutual Administrative Assistance in Tax
Matters, which entered into force on 1 June 2011)
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 were
requested by Friday, 27 April 2012 for the treaty tabled 20 March 2012 and Friday,
15 June 2012 for those treaties tabled on 8 May 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
Submissions received and their authors are listed at Appendix A.
1.12
The Committee examined the witnesses on each treaty at public hearings
held in Canberra on 7 May and 1 June 2012.
1.13
Transcripts of evidence from the public hearings may be obtained from
the Committee Secretariat or accessed through the Committee’s website under the
treaty’s tabling date, being:
n 20 March 2012
http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsct/20march2012/index.htm
n 8 May 2012
http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=jsct/8may2012/index.htm
1.14
A list of witnesses who appeared at the public hearings is at Appendix B.