Andrew Southcott (Boothby, Liberal Party) Share this | Hansard source

On behalf of the Joint Standing Committee on Treaties, I present the committee’s report entitled Report 75: Treaties tabled on 11 October 2005 (2), 28 February and 28 March 2006 (2).

Ordered that the report be made a parliamentary paper.

Report 75 contains the findings and recommendations of the committee’s review of seven treaty actions tabled in parliament on 11 October 2005 and on 28 February and 28 March 2006. I will comment on all the treaties reviewed.

The Convention on the Marking of Plastic Explosives for the Purpose of Detection was drafted in response to the 1988 bombing of Pan Am flight 103 over Lockerbie, Scotland, which claimed 270 lives, and is intended to inhibit the improper and unlawful use of plastic explosives. This convention would oblige Australia to mark plastic explosives with the detection chemical DMNB, and also prohibit and prevent the manufacture and the movement into and out of its territory of unmarked plastic explosives. Upon the convention’s entry into force, Australia would be required to take necessary measures to destroy, as soon as possible, unmarked plastic explosives already manufactured.

The committee is supportive of research in the area of marking, tagging and detecting plastic explosives but remains concerned that this technology is not yet scientifically exact. However, the committee believes this convention will provide additional impetus for technological development and international technology sharing in marking and detecting plastic explosives. Further, acceding to this treaty will signify Australia’s continued commitment to combating the threat of global terrorism and serve to strengthen Australia’s reputation as an authority on counter-terrorism initiatives in the Asia-Pacific region. Accession to this convention will see Australia a party to all 13 of the United Nations conventions and protocols on terrorism.

The Exchange of Notes constituting a Treaty between the Government of Australia and the Government of the Republic of Singapore to amend the Singapore-Australia Free Trade Agreement improves access for Australian law firms in relation to joint law ventures and formal law alliances. It removes Singapore’s numerical quota on wholesale bank licences and includes Australian state and territory government reservations in a number of areas such as professional services.

The Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage establishes a third tier of compensation for oil tanker spill victims where the maximum amount of compensation available under the previous two-tiered system is insufficient. By comparison, the International Convention on Civil Liability for Bunker Oil Pollution Damage establishes a liability and compensation regime for oil spill pollution from non-oil-tanker ships.

The Agreement establishing the Pacific Islands Forum will replace its predecessor agreement to give the forum international status. In addition, the forum’s secretariat will be restructured to focus on governance, security, economic growth and sustainable development in the Pacific region.

The Amendments to annexes VIII and IX of the Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal will clarify which wastes are and are not covered by the convention. Specifically, it refers to waste metal cables and, depending on their coating, indicates whether they are a hazardous material under the Basel convention. Unfortunately, these amendments entered into force on 8 October 2005 and the amendments and national interest analysis were not tabled until 28 March 2006. The Minister for the Environment and Heritage has informed the committee that there are now procedures in place to ensure such treaty actions are referred to the committee for inquiry.

The proposed Agreement between the Government of Australia and the Government of New Zealand in relation to Mutual Recognition of Securities Offerings will allow securities and managed investment interests to be offered in both Australia and New Zealand with the same offer documents. This removes one regulatory barrier for business and will lead to greater coordination of business law between Australia and New Zealand. On behalf of all members of the committee, I would like to thank the committee secretariat for their help in coordinating the public hearings, submissions and drafting of this report. I commend this report to the House.

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