Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills allowing them to be considered during this period of sittingsCustoms Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009Customs Tariff Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009, andForeign States Immunities Amendment Bill 2009

I also table a statement of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statement incorporated in Hansard.

Leave granted.

The statement read as follows—

Customs Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009

Customs Tariff Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009

Purpose of the Bills

The bills amend the Customs Act 1901 to define ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) originating goods, and to amend the Customs Tariff Act 1995 to provide preferential tariffs for AANZFTA originating goods.  These amendments implement relevant parts of the ASEAN-Australia-New Zealand Free Trade Agreement.

Reason for Urgency

The AANZFTA was signed by the Minister for Trade, the Hon Simon Crean MP, and his counterpart Ministers from ASEAN countries and New Zealand on 27 February.  The agreement was tabled in Parliament on 16 March and referred to the Joint Standing Committee on Treaties, which recommended that binding treaty action be taken in its report tabled in June 2009 (Report 102).

The AANZFTA will enter into force 60 days after Australia, New Zealand and at least four ASEAN countries have notified other Parties that they have completed their respective internal processes for ratification of the agreement.  New Zealand and Singapore have notified AANZFTA Parties of completion of their internal processes and ratification by several ASEAN countries is at an advanced stage.

AANZFTA Parties are aiming to have the agreement enter into force by 1 January 2010.

Passage of the bills is sought in the Spring Sittings 2009 in order to give legislative effect to Australia’s obligations under AANZFTA and thereby complete Australia’s internal processes for ratification of the agreement.  Passage of the bills in September will ensure that Australia can submit its notification in a timely manner.

Expeditious completion of Australia’s internal processes will also maintain pressure on ASEAN countries to meet the target date of 1 January 2010 for entry into force of AANZFTA and ensure that the economic benefits of the agreement can be obtained for Australian exporters from that date.

Foreign States Immunities Amendment Bill 2009

Purpose of the Bill

The bill amends the Foreign States Immunities Act 1985 (the Act) to permit the Governor-General to modify the application of the Act to foreign States assisting the Government of the Commonwealth or of a State or Territory with a natural disaster or other domestic emergency. 

The Act governs the immunity of foreign States from the jurisdiction of Australian courts.  Section 9 of the Act states that, except as otherwise provided under the Act, a foreign State is immune from the civil jurisdiction of Australian courts.  Section 13 of the Act provides that a foreign State is not immune in proceedings concerning death, personal injury or property damage arising from acts or omissions done in Australia. 

The States and Territories are negotiating an agreement with the United States of America for the exchange of fire suppression resources, including fire fighters.  The United States requires the agreement to include a clause granting the sending State immunity from tort proceedings arising from the actions of its fire fighters while in the course of duties.  Without such immunity, the United States has indicated that it will not send fire fighters to assist the States and Territories in the upcoming bushfire season.  

The bill amends the Act to permit this immunity to be granted to the United States.

Reasons for Urgency

The bill needs to be introduced and passed in the Spring Sittings to amend the Act in time for the States and Territories to finalise arrangements with the United States prior to the upcoming bushfire season.