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

On behalf of the Joint Standing Committee on Treaties, I present the following reports: Report 79—Treaties tabled on 10 May (2), 5 and 6 September 2006; and Report 80incorporating a dissenting report—Treaties tabled on 28 March (4) and 5 September (2) 2006.

Ordered that the reports be made parliamentary papers.

by leave—I move:

That the House take note of the reports.

Reports 79 and 80 contain the findings and binding treaty action recommendations of the committee’s review of 12 treaty actions tabled in parliament on 28 March, 10 May and 5 and 6 September 2006. The committee found all the treaties reviewed to be in Australia’s national interest. I will comment on all the treaties reviewed.

The mutual assistance treaties with China and Malaysia provide a formal process enabling Australia and Malaysia and Australia and China to assist each other in investigations, prosecutions and proceedings related to criminal matters. As both Malaysia and China retain the death penalty for a range of offences, the obligation to provide mutual assistance is limited by a number of internationally accepted grounds for refusal. These grounds are well recognised and are already reflected in Australia’s domestic laws. The extradition treaty with Malaysia provides for the surrender of an accused or convicted person between Australia and Malaysia to face criminal charges or to serve a sentence and will provide a modern and effective extradition relationship between Australia and Malaysia.

The conventions with France and Norway for the avoidance of double taxation are expected to meet Australia’s most favoured nation obligations with both countries, reduce barriers to trade and investment caused by overlapping taxing jurisdictions and help to prevent tax evasion.

Amendments to the agreements with China and Japan for the protection of migratory birds and birds in danger of extinction and their environment update the scientific nomenclature and add the Roseate Tern to both agreements. Australia supported the addition of the Roseate Tern following a bird-banding and colour-flagging study which demonstrated that the Roseate Tern regularly and predictably migrates between the Swain Reef, Queensland, and Chinese Taipei and between the Swain Reef and Okinawa, Japan.

The air service agreements with India and China provide a framework for the operation of scheduled air services by designated airlines between Australia and India and between Australia and China. The agreements improve access for Australian airlines to the international Chinese aviation market and the international Indian aviation market and include reciprocal provisions on safety, security, customs regulations and commercial matters.

Protocol V, on explosive remnants of war, to the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons reduces the humanitarian risk posed by explosive remnants of war by obliging contracting states to mark and clear, remove or destroy explosive remnants of war.

The amendments to the Australia-United States Free Trade Agreement annexes incorporate further changes to ensure compliance, with changes to the harmonised commodity description and coding system that will come into effect on 1 January 2007.

Amendments to the Australia-New Zealand Closer Economic Relations Trade Agreement change the method that both countries use to determine whether goods imported from the other country meet rules of origin requirements to be free of import duty. Late in the inquiry, the committee received evidence that an Australian based detergent manufacturer, Albright and Wilson Australia, may be negatively affected by the agreement, which could lead to the possible loss of 65 jobs at its Yarraville factory. The Minister for Trade responded to concerns raised by Albright and Wilson and by the committee but was unable to accommodate Albright and Wilson’s request, to retain the current method for determining rules of origin, due to the conclusion of negotiations with New Zealand.

The committee believes it would have been preferable for these issues to have been raised during negotiations so that they could have been part of Australia’s negotiation position. The committee is also concerned that a business with significant trans-Tasman trade was unaware of these changes until negotiations were concluded and has recommended that Austrade make greater use of their database of businesses to consult at a business level. Overall, the agreement is expected to reduce barriers to trade, leading to better economic conditions for the majority of Australian companies, and the committee has recommended it enters into force.

Report 80 does incorporate a dissenting report. I would say that the difference between the main report and the dissenting report is not great. I thank the members of the committee secretariat for their assistance in conducting the public hearings, with the submissions and in preparing the report. I commend the reports to the House.

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