Kelvin Thomson (Wills, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Joint Standing Committee on Treaties I present the committee’s report entitled Report 90—treaties tabled on 12 March 2008.

Ordered that the report be made a parliamentary paper.

Report 90 contains the committee’s findings on five treaty actions originally tabled in the 41st Parliament. Consideration of these treaty actions lapsed on the dissolution of the 41st Parliament prior to the committee presenting its report. After the election the treaties were again tabled in parliament, on 12 March this year. This is the first report I have presented as chair of the treaties committee in the 42nd Parliament and in presenting this report I would like to take the opportunity to acknowledge the input and contribution of the previous committee, its former chair, the member for Boothby, and the former deputy chair, the former member for Swan, Mr Kim Wilkie. I would also like to acknowledge the contribution made to the Joint Standing Committee on Treaties by the honourable member for Lyons, Dick Adams, who served continuously on the committee from its establishment in 1996 until the end of the previous parliament.

The committee found all five treaties reviewed to be in Australia’s national interest. The Patent Law Treaty will harmonise and simplify requirements for patent administration on a worldwide basis, standardising procedures, establishing legal certainty and safeguards and making the patent administration process more user friendly and accessible. By acceding to the treaty, Australia has the opportunity to provide a positive example to our treaty partners and to enhance our reputation as a leading member of the intellectual property community in the region.

The second treaty is the Singapore Treaty on the Law of Trademarks, which will revise and update the Trademark Law Treaty and establish consistent procedures for registering trademarks, including non-traditional marks such as holograms, three-dimensional marks, and colour, taste and feel marks. The treaty will provide lower costs, greater certainty and improved protection for trademark applicants.

Third, the constitutional amendments to the Convention Establishing the World Intellectual Property Organisation provide constitutional reforms to the term of the director-general, meeting arrangements for the General Assembly and the formalisation of the unitary contribution system. Australia has strongly supported the proposed amendments, which will simplify the existing international intellectual property system.

Fourth, the Tonga Air Services Agreement will provide a binding legal framework to support direct air services between Australia and Tonga. Both countries will be required to allow the designated airlines of the other country to operate scheduled air services on specified routes between the two countries. The agreement includes reciprocal provisions on safety, customs, regulation and the commercial aspects of airline operation, including the ability to establish offices in the territory of the other party and to sell fares to the public.

The committee expresses its concern in the report that there are up to 40 outstanding air services agreements signed by Australia but not yet brought into force. It is understood that the department is currently reviewing and prioritising a number of these agreements for finalisation. The committee expects future air services agreements to be tabled in a more timely manner.

Last, but certainly not least, Australia’s withdrawal of its exemption for the use of mirex under the Stockholm Convention on Persistent Organic Pollutants will see Australia contribute to the elimination of toxic and persistent chemicals. Mirex is one of 12 persistent organic pollutants listed for action under the convention. It was formerly used to control termites, and Australian agencies have found alternative chemical products. By withdrawing its exemption Australia will demonstrate its commitment to protecting human health and the environment and supporting effective approaches to eliminating the production and use of persistent organic pollutants.

The committee supports all five agreements and recommends that binding treaty action be taken. I move:

That the House take note of the report.

Bruce Scott (Maranoa, National Party) Share this | Link to this | Hansard source

In accordance with standing order 39(c), the debate is adjourned. The resumption of the debate will be made an order of the day for the next sitting.