1. Introduction

Purpose of the report

1.1
This report contains the Joint Standing Committee on Treaties’ review of the following treaty actions:
Amendment 1 to Revision 1 of the Implementation Procedures for Airworthiness Covering Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance Between Authorities, under the Agreement on the Promotion of Aviation Safety between the Government of Australia and the Government of the United States of America and Addendum to the Implementation Procedures for Airworthiness between the Government of Australia and the Government of the United States of America;1
Australia’s Accession to the Convention on Choice of Court Agreements (The Hague, 30 June 2005);2
Amendment of Australia's Schedule of Concessions under the General Agreement on Tariffs and Trade 1994 (GATT) and the Marrakesh Agreement establishing the World Trade Organization for Implementation of Ministerial Declaration on the Expansion of Trade in Information Technology Products (Nairobi, 16 December 2015) and Ministerial Decision -Export Competition (Nairobi, 19 December2015); and
Partial Revision of the 2012 Radio Regulations as incorporated in the International Telecommunication Union Final Acts of the World Radiocommunications Conference 2015 (WRC-15) (Geneva, 27 November 2015).
1.2
The Committee’s resolution of appointment empowers it to inquire into any treaty to which Australia has become a signatory, on the treaty being tabled in Parliament.
1.3
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.
1.4
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.
1.5
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 did not require a RIS.
1.6
The Committee takes account of these documents in its examination of the treaty texts, in addition to other evidence taken during the inquiry program.
1.7
Copies of the treaties considered in this report and 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/Joint/Treaties/Airworthiness-USA/Treaty_under_consideration
http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/ChoiceofCourts/Treaty_being_considered
http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/GATTSchedule/Treaty_to_be_considered
http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/RadioRegulations/Treaty_being_considered

Conduct of the Committee’s review

1.8
The treaty actions reviewed in this report were advertised on the Committee’s website from the date of tabling. Submissions for the inquiries were requested by:
23 September 2016 for the amendment of Australia's Schedule of Concessions under the General Agreement on Tariffs and Trade 1994;
26 September 2016 for Accession to the Convention on Choice of Court Agreements; and
21 October 2016 for Partial Revision of the 2012 Radio Regulations.
1.9
Invitations were made to all State Premiers, Territory Chief Ministers and Presiding Officers of each Parliament to lodge submissions. The Committee also invited submissions from individuals and organisations with an interest in the treaties reviewed.
1.10
The Committee held public hearings into the treaties in Canberra on 10 October 2016 and 7 November 2016.
1.11
The transcripts of evidence from the public hearing may be obtained from the Committee Secretariat or accessed through the Committee’s website.
1.12
A list of submissions is at Appendix A.
1.13
A list of witnesses who appeared at the public hearing is at Appendix B.

  • 1
    The inquiry into the Treaty on Implementation Procedures for Airworthiness— USA lapsed at the end of the 44th Parliament. The Treaty was re-referred at the beginning of the 45th Parliament and the current Committee resolved to accept the evidence received by the previous Committee and not call for further submissions or conduct further public hearings. However, the Committee did pose a number of questions on notice to relevant departments requesting further evidence.
  • 2
    The inquiry into the Treaty on Australia’s Accession to the Convention on Choice of Court Agreements lapsed at the end of the 44th Parliament. The Treaty was re-referred at the beginning of the 45th Parliament.

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About this inquiry

This inquiry will examine the following treaties:

  • Amendment 1 to Revision 1 of the Implementation Procedures for Airworthiness covering Design Approval, Production Activities, Export Airworthiness Approval, Post Design Approval Activities, and Technical Assistance between Authorities under the Agreement on the Promotion of Aviation Safety and Addendum to the Implementation Procedures for Airworthiness between the Government of Australia and the Government of the United States of America