Footnotes


Footnotes


[1] A. Rann, 'Chronology of events leading to the Australia United States free trade agreement, Unpublished memo, Foreign Affairs Defence and Trade Section, Parliamentary Library, Department of Parliamentary Services, Canberra, 2004.

[2] Journal of the Senate, No.126 dated 11 February 2004

[3] Although the Committee Chair proposed numerous hearing dates in the month of April while the Senate was not sitting, agreement could not be reached to hold hearings on those days as a number of senators were not available.

[4] Committee Hansard, 5 May 2004, p18 - 67 www.aph.gov.au/senate_freetrade

[5] Committee Hansard, 17 May 2004, 1-42 www.aph.gov.au/senate_freetrade

[6] the proposed date for the PBS round table discussion is 21 June 2004 a program will be available on www.aph.gov.au/senate_freetrade

[7] Some economists contend that a 'preferential' agreement is, by its very nature, also 'discriminatory' that is, discriminatory against all those countries that are not included in the FTA.

[8] Department of Foreign Affairs and Trade at http://www.dfat.gov.au/trade/negotiations/us_bkg.html

[9] Submission 54 to Voting on Trade Inquiry, pp. 39-40 (DFAT)

[10] Department of Foreign Affairs and Trade, Advancing the National Interest, p. 59

[11] See DFAT website: www.dfat.gov.au/trade/negotiations/australias_approach.html. See also, Department of Foreign Affairs and Trade, Advancing the National Interest, pp. 5863

[12] Committee Hansard ( Voting on Trade Inquiry) 22 July 2003, p. 198 (Garnaut). See also, Submission 70 (Capling) to the Voting on Trade Inquiry

[13] Committee Hansard (Voting on Trade Inquiry) 22 July 2003, p. 202 (Garnaut)

[14] DFAT Fact Sheet: United States of America available at http://www.dfat.gov.au/geo/fs/usa.pdf

[15] Quoted in Inside US Trade, 16 May 2003.

[16] Submission 53, p. 20 (Edwards) to Voting on Trade Inquiry

[17] Submission 42, p. 34 (AFTINET) to Voting on Trade Inquiry

[18] Australian Foreign and Trade Policy White Paper Advancing the National Interest Canberra (2003) p.(xvi)

[19] Committee Hansard (Voting on Trade Inquiry), 9 May 2003, p:161 (Lloyd)

[20] Committee Hansard (Voting on Trade Inquiry) , 22 July 2003, p:203 (Garnaut)

[21] Transcript of Evidence 15 June 2004, p22 (Garnaut)

[22] CIE 2001, Economic Impacts of an Australia-United States Free Trade Area

[23] CIE 2004, Economic Analysis of AUSFTA: Impact of the bilateral free trade agreement with the United States

[24] APEC 2001, An Australia-United States Free Trade Agreement - Issues and Implications

[25] NIEIR, response to question on notice, 22 June 2004

[26] Professor Ross Garnaut, Vital Issues Seminar "Australia United States Free Trade Agreement" Parliament House, 17 June 2004

[27] www.health.gov.au/pbs/general/aboutus.htm, 26 May 04

[28] www.health.gov.au/pbs.general/list_on_pbac.htm, 26 May 04

[29] Department of the Parliamentary Library, "The Pharmaceutical Benefits Scheme: Options for Cost Control", Current Issues Brief no. 12, 2001-02, p.2

[30] Department of the Parliamentary Library, "The Pharmaceutical Benefits Scheme: Options for Cost Control", Current Issues Brief no. 12, 2001-02, p.8

[31] The Hon Mark Vaile, MP, Media Release, 16 June 1004, accessed at: http://www.trademinister.gov.au/releases/2004/mvt046_04.html, and 21 May, accessed at: http://www.trademinister.gov.au/releases/2004/mvt036_04.html

[32] submission 105, p:1 (AMA)

[33] submission 105, p:1 (AMA)

[34] submission 105, p:1 (AMA)

[35] Department of Foreign Affairs and Trade, Australia-United States Free Trade Agreement: Guide to the Agreement, March 2004.

[36] Committee Hansard (AUSFTA Inquiry), PBS round table, 21 June 2004, (Lopert & Deady)

[37] United States International Trade Commission, U.S.-Australia Free Trade Agreement: Potential Economywide and Selected Sectoral Effects, USITC Publication 3697, May 2004, p.115

[38] Transcript of Evidence, 18 May 2004, p. 101 (Harmer, DFAT).

[39] Australian Financial Review, 'Mickey Mouse holds key to the future', 8 December 2003.

[40] ibid, p. 102.

[41] IP and Competition Review Committee, Review of IP legislation under the Competition Principles Agreement, September 2000, p. 13.

[42] Government Response to IP and Competition Review Recommendations - Information Package, at http://www.ag.gov.au/www/securitylawHome.nsf/Web+Pages/A6C3825011D8A8B1CA256C330000CF9A?OpenDocument, p. 1 (accessed 7 June 2004).

[43] See, for example, Attorney General, Philip Ruddock, "Opening Address Australian Centre for IP and Agriculture Conference: Copyright: Unlucky for Some", http://www.ag.gov.au/www/ministerruddockhome.nsf/Alldocs/RWP21E60A98ACC4ECE2CA256E3B0080AA84?OpenDocument&highlight=unlucky%20for%20some (accessed 16 June 2004).

[44] Copyright Law Review Committee, Simplification of the Copyright Act 1968 Part 1: Exceptions to the Exclusive Rights of Copyright Owners, September 1998, Recommendation 2.03.

[45] Australia-United States Free Trade Agreement, Guide to the Agreement.

[46] Transcript of Evidence, 18 May 2004, p. 102 (Harmer, DFAT).

[47] Transcript of Evidence, 10 May 2004, pp. 15-16 (Deady, DFAT).

[48] www.affa.gov.au/docs/market_access/biosecurity/index.html viewed on 25 May04

[49] www.aphis.usda.gov/ipa/about/welcome.html viewed on 25 May04

[50] Transcript, The Hon. Mark Vaile MP, Minister for Trade, Australia "Transcript of doorstop interview following Australia-US FTA signing" 18 May 2004 and Transcript of Evidence 18 May 2004, p:5, (Greville, DAFF)

[51] Transcript of Evidence 18 May 2004, p:4, (Greville, DAFF)

[52] United States International Trade Commission, "US-Australia Free Trade Agreement: Potential Economywide and Selected Sectoral Effects", May 2004, p: 54, 56, 59

[53] Transcript of Evidence 18 May 2004, p:25, (Gosper, DFAT)

[54] Committee Hansard, (AUSFTA Inquiry), 5 May 2004, p133 (Corish, NFF)

[55] Committee Hansard, (AUSFTA Inquiry), 5 May 2004, p147 (Corish, NFF)

[56] Federation of Australian Scientific and Technological Societies, media release, 15 June 2004

[57] submission 528, p:1

[58] Department of Environment and Heritage website www.deh.gov.au/epbc/ viewed 17 June 04

[59] See dispute settlement section below for more information.

[60] FTA Chapter 11 Investment, Article 11.3 - Investment Non-Conforming Measures

[61] FTA Chapter 10 Cross-boarder Trade in Services, Article 10.6 Services Non-Conforming Measures

[62] Non-conforming measures are those that are identified in the relevant schedule that do not conform with the obligations on national treatment, most-favoured nation treatment, performance rights, market access, local presence and senior management and boards of directors.

[63] http://www.aba.gov.au/tv/content/index.htm, viewed on 8 June 2004

[64] Australian Film Commission, Annual Report 2002-2003, http://www.afc.gov.au/archive/annrep/ar02_03/ar001.html, viewed on 10 June 2004.

[65] http://www.ffc.gov.au/about/ viewed on 10 June 2004.

[66] The Hon Mark Vaile, MP, Media Release, 8 February 2004, accessed at: http://www.trademinister.gov.au/releases/2004/mvt008_04.html

[67] Screen Producers Association of Australia, Submission no 163, p.11

[68] Australian Broadcasting Corporation, Submission no 371, p.2

[69] Department of Foreign Affairs and Trade, March 2004, "Australia United States Free Trade Agreement - A Guide to the Agreement", p.121.

[70] FTA - Article 21.3 and Article 21.7 and 21.8

[71] Article 21.11 Non-Implementation this relates to a panel determining that a Party is not conforming with its obligations or causing nullification or impairment (as in Article 21.10) and can not reach an agreement, it can enter into negotiations on developing mutually acceptable compensation.

[72] Article 21.12 Non Implementation with Certain Disputes this relates a panel determining that a Party not conforming with its obligations under the Chapter 18 Labour Article 18.2.1(a) and Chapter 19 Environment Article 19.2.1(a)

[73] Transcript of Evidence, 18 May 2004, p:31 (Greville, DAFF)

[74] Department of Foreign Affairs and Trade, 'Australia-United States Free Trade Agreement, A Guide to the Agreement" March 2004, p:121

[75] Transcript of Evidence, 18 May 2004, p. 101 (Harmer, DFAT).

[76] Transcript of Evidence,8 June 2004, p6-7 (Jenkin, IEAA)

[77] The Allen Consulting Group Counterfeiting of Toys, Business Software and Computerand Video Games November 2003 p(ix)

[78] Committee Hansard, (AUSFTA Inquiry), 18 May2004, p:8 (Greville, DFAT)

[79] Answers to Question on Notice, received on 3 June 2004 (DFAT)

[80] Committee Hansard (AUS-USFTA Inquiry), 18 May2004, p:8 (Gosper, DFAT)

[81] Answers to Question on Notice, received on 3 June 2004 (DFAT)

[82] Committee Hansard, (AUS-USFTA Inquiry), 18 May 2004, p:7 (Gosper, DFAT)

[83] Official Year Book of the Commonwealth of Australia, no. 36, 1944-45, pp. 320‑321.

[84] ibid

[85] Australian Trade with the United States, Question on Notice, 29 August 1962, Mr Fraser to the Minister for Trade (J. McEwen), Commonwealth Parliamentary Debates, (H. of R.) vol. 36, p. 852.

[86] Report of the Committee of Economic Enquiry, Chairman J. Vernon, Commonwealth Government Printer, Canberra, 1965.

[87] R. H. Snape, Should Australia Seek a trade Agreement with the United States?, Discussion Paper no. 86/01, EPAC, Canberra, 1986.

[88] R. H. Snape, J. Adams, & D. Morgan, Regional Trade Agreements: Implications and Options for Australia, (Report commissioned by DFAT), AGPS, Canberra, 1993.

[89] 1997 Trade Policy Agenda and 1996 Annual Report of the President of the United States on the Trade Agreements Program http://www.ustr.gov/html/1997tpa_part2.html

[90] http://www.ustr.gov/new/fta/Australia/final/index.htm or http://www.dfat.gov.au/trade/negotiations/us_fta/final-text/index.html