1. Introduction

Purpose of the report

1.1
This report contains the Joint Standing Committee on Treaties’ review of the consequences of termination of the Treaty between Australia and the Democratic Republic of Timor-Leste on Certain Maritime Arrangements in the Timor Sea, done at Sydney on 12 January 2006 (‘the CMATS Treaty’) which was tabled in Parliament on 13 February 2017.
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 Australia 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 Treaty examined in this report did not require a RIS.
1.6
The Committee takes account of these documents in its examination of the Treaty text, in addition to other evidence taken during the inquiry program.
1.7
Copies of the Treaty considered in this report 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/Joint/Treaties/CMATS

Conduct of the Committee’s review

1.8
The Treaty action reviewed in this report was advertised on the Committee’s website from the date of tabling. Submissions for the Treaty were requested by 10 March 2017. The Committee received 32 submissions.
1.9
The Committee held a public hearing into the treaty in Canberra on 14 March 2017. The transcript of evidence from the public hearing may be obtained from the Committee Secretariat or accessed through the Committee’s website listed above.
1.10
A list of submissions received is at Appendix A. A list of witnesses who appeared at the public hearing is at Appendix B.

Foreign Minister’s request for expedited consideration

1.11
On 13 February 2017, the Foreign Minister, the Hon Julie Bishop MP wrote to the Chair of the Committee requesting the Committee’s expedited consideration of the proposed treaty action and for the Committee to table its report on the matter by 30 March 2017. The Foreign Minister stated that expedited consideration of the treaty action would allow an exchange of notes with Timor-Leste before termination of the CMATS Treaty on 10 April 2017.
1.12
On 13 February 2017, the Committee agreed to the Foreign Minister’s request.

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