1. Introduction

Purpose of the report

1.1
This report contains the Joint Standing Committee on Treaties’ review of the proposed amendments to the following treaty actions:
Exchange of notes amending the Agreement on Consular Relations between Australia and the People’s Republic of China and Agreement between the Government of Australia and the Government of the People’s Republic of China concerning the Continuation of the Consular Functions by Australia in the Macau Special Administrative Region of the People’s Republic of China (Canberra, 8 September 1999).
Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (Kigali, 15 October 2016).
1.2
The Committee’s resolution of appointment empowers it to inquire into any treaty action to which Australia has become a signatory, on the treaty being tabled in Parliament.
1.3
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 the Government. This document considers arguments for and against the treaty and outlines the treaty obligations and any regulatory or financial implications. The NIA reports the results of consultations undertaken with State and Territory Governments, Federal and State and Territory agencies, and with industry and nongovernment 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
Copies of the treaty actions considered in this report and their 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/ConsularMacau-China; and
http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/MontrealOzoneLayer.
1.7
This Report also contains the Committee’s views on two minor treaty actions:
Lodgement of the Declaration on the Effective Date for Exchange of Information under the Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information; and
Lodgement of the Declaration on the Effective Date for Exchange of Information under the Multilateral Competent Authority Agreement on the Exchange of Country-by-Country Reports.

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. The Committee received two submissions, one for each treaty action.
1.9
The Committee held a public hearing into both treaty actions in Canberra on 14 August 2017. The transcript of evidence from the public hearing may be obtained from the Committee Secretariat or accessed through the Committee’s website. A list of submissions received is at Appendix A. A list of witnesses who appeared at the public hearing is at Appendix B.

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About this inquiry

This inquiry will examine the Exchange of notes amending the:

Agreement on Consular Relations between Australia and the People’s Republic of China [2000] ATS 26

 and

Agreement between the Government of Australia and the Government of the People’s Republic of China concerning the Continuation of the Consular Functions by Australia in the Macau Special Administrative Region of the People’s Republic of China
[1999] ATS 33

(Canberra, 9 May 2016)



Past Public Hearings

14 Aug 2017: Canberra