Dana Wortley (SA, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Joint Standing Committee on Treaties, I present the 73rd report of the committee, entitled Treaties tabled in February 2006 and move:

That the Senate take note of the report.

Report 73 contains the findings and recommendations of the committee’s review of six treaty actions tabled in parliament on 7 and 8 February 2006. I will comment on all the treaties reviewed.

The amendments to the Convention on the Conservation of Migratory Species of Wild Animals newly lists numerous endangered migratory species. This includes the basking shark, which was jointly nominated by the United Kingdom and Australia. As a range state for the basking shark, Australia is obliged to protect the migratory species and already meets its responsibilities in this regard through the Environment Protection and Biodiversity Conservation Act 1999. The committee supports Australia and the United Kingdom’s joint nomination of the basking shark as a continuation of its efforts to protect sharks, as well as a continuation of its broader efforts to protect migratory species.

The Bilateral Aviation Safety Agreement and Implementation Procedures for Airworthiness with the United States of America are effectively two treaties on which the committee has provided combined comment. The Bilateral Aviation Safety Agreement is an umbrella agreement that provides for cooperation with the United States of America in the areas of aircraft and environmental certification, maintenance and flight operation. The second treaty, the development of Implementation Procedures for Airworthiness under the agreement, details the technical processes that Australia’s Civil Aviation Safety Authority and America’s Federal Aviation Administration will undertake in certifying, approving and overseeing a range of airworthiness activities, including the design and production of aeronautical products.

The protocol of amendments to the Convention on the International Hydrographic Organisation will improve the efficiency of the organisation by creating new structures and processes to improve corporate governance. This includes the establishment of an assembly, council and finance committee. In addition, the amendments introduce voting procedures that will apply where consensus between member states cannot be reached and will make it easier for new states to join the International Hydrographic Organisation. Established in 1921, the International Hydrographic Organisation is an intergovernmental consultative and technical organisation that supports safety in navigation and the protection of the marine environment. Australia exercises its obligations under the convention through the Australian Hydrographic Service.

The protocol amending the agreement with New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income revises the exchange of information article of the existing agreement in line with the new OECD standard. In addition, the protocol inserts two new articles: assistance in the collection of taxes and a most favoured nation article covering withholding taxes. The revision of the agreement with New Zealand will enhance Australia’s competitive and modern tax agreement network, ensure it remains relevant for emerging issues and improves the level of cooperation between the two jurisdictions.

The agreement with the government of Bermuda on the exchange of information with respect to taxes provides for the full exchange of information on criminal and civil tax matters between Australia and Bermuda. The agreement will help Australia to protect its revenue base by allowing access to necessary offshore information and to improve the integrity of the tax system by discouraging tax evasion, especially through tax havens. The agreement is modelled on the OECD’s tax information exchange agreement framework, which was formulated in response to eradicating harmful tax competition. The committee heard that around $A5 billion is moved out of Australia annually to tax havens. To help combat the problems associated with tax havens, the Australian Taxation Office, the Australian Crime Commission and the Australian Federal Police have commenced a major investigation into the use of offshore tax havens for alleged money laundering and tax evasion. The agreement is the first of its kind for Australia and the third such agreement to be signed in the world and will aid investigators in the collection of evidence and in determining the extent and nature of tax evaded.

In conclusion, the committee believes the treaties reviewed in report 73 are in Australia’s interest and should be ratified. I commend the report to the Senate.

Question agreed to.