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UNITED STATES NAVAL COMMUNICATION STATION AGREEMENT ACT 1963 - SECT 2
Approval of agreement
The agreement dated the ninth day of May, One thousand nine hundred and
sixty-three, between the Government of the Commonwealth of Australia and the
Government of the United States of America relating to the establishment of a
United States Naval Communication Station in Australia (being the agreement a
copy of which is set out in the Schedule to this Act) is approved.
UNITED STATES NAVAL COMMUNICATION STATION AGREEMENT ACT 1963
The
Schedule—Agreement between the Government of the Commonwealth of
Australia and the Government of the United States of America relating to the
establishment of a United States Naval Communication Station in Australia [
see Note 2]
Section 2
The Government of the Commonwealth of Australia (in this
Agreement called
"the Australian Government") and the Government of the United States of
America
(in this Agreement called "the United States Government"),
Recalling the
Security Treaty which was concluded at San Francisco between Australia, New
Zealand and the United States of America on the first day of September, 1951;
Noting, in particular, Article II of that Treaty which provides that the
parties thereto will separately and jointly maintain and develop their
individual and collective capacity to resist armed attack;
Desiring to
co-operate further in efforts for collective defence and for the preservation
of peace and security;
Considering that the establishment, maintenance and
operation of a United States naval communication station in Australia will
materially contribute to that end; and
Considering that the two Governments
are entering into an Agreement concerning the Status of United States Forces
in Australia, which Agreement is to be read with this Agreement;
Have agreed
as follows:
Article 1
In accordance with the terms and conditions set out in
this Agreement, the United States Government may establish, maintain and
operate a naval
communication station (in this Agreement called "the station") at North West
Cape in the State of Western Australia.
Article 2
The Australian Government
will acquire such land as is required for the purposes of the station. All
land so acquired will remain vested in the Australian Government, which will
for the duration of this Agreement grant to the United States Government all
necessary rights of access to, and of exclusive use and occupancy of, such
land.
Article 3
(1) The two Governments will consult from time to time at
the request of either Government on any matters connected with the station and
its use.
(2) Except with the express consent of the Australian Government,
the station will not be used for purposes other than purposes of defence
communication, and appropriate Australian authorities nominated by the
Australian Government shall at all times have access to the station.
Article
4
The communication services of the station will be available to the
Australian armed forces in accordance with technical arrangements made by the
co-operating agencies of the two Governments.
Article 5
At all stages in the construction and maintenance of the station,
the maximum practicable use will be made of Australian resources. Arrangements
for giving effect to this Article shall be as determined from time to time by
the two Governments.
Article 6
The Australian Government will, jointly with
the Government of the State of Western Australia, appoint a Civil Commissioner
at Exmouth, who will have such functions as those Governments may vest in him
and will represent them in such matters as they may determine.
Article 7
Consistently with this Agreement, the United States Government will conform to
the provisions of applicable Commonwealth and State laws and regulations,
including quarantine laws and industrial awards and determinations, and United
States personnel will observe those laws and regulations.
Article 8
The
United States Government will retain title to equipment, materials, supplies
and other property brought into or acquired in Australia by it or on its
behalf for the purposes of the station. The United States Government may
remove or dispose of such property outside Australia at its own expense and
free from export duties or related charges, upon the termination of this
Agreement or sooner. However, such property shall not be disposed of within
Australia except under conditions to be agreed on by the two Governments.
Article 9
(1) Income derived wholly and exclusively from performance in
Australia of any contract with the United States Government in connection with
the project by any person or company (other than a company incorporated in
Australia) being a contractor, sub-contractor, or one of their personnel, who
is in or is carrying on business in Australia solely for the purpose of such
performance, shall be deemed not to have been derived in Australia, provided
that it is not exempt, and is brought to tax, under the taxation laws of the
United States. Such contractors, sub-contractors and personnel, and the
dependants of any of the above other than those persons who, immediately
before becoming dependants, were and at all times thereafter have continued to
be ordinarily resident in Australia, will not be subject to Australian tax in
respect of income derived from sources outside Australia.
(2) Where the legal
incidence of any form of taxation in Australia depends upon residence or
domicile, periods during which such contractors, sub-contractors, personnel
and dependants are in Australia solely in connection with the establishment,
maintenance or operation of the station shall not be considered as periods of
residence therein, or as creating a change of residence or domicile, for the
purposes of such taxation.
(3) Personal property which is situated in
Australia solely by reason of such contractors, sub-contractors, personnel and
dependants being in Australia, or carrying on business in Australia, wholly
and exclusively in connection with the performance in Australia of a contract
or contracts with the United States Government in connection with the project
shall, in respect of the holding by, transfer by reason of the death of, or
transfer to or by, those persons or companies, be exempt from taxation under
the laws of the Australian Government relating to estate and gift duty.
(4)
The last preceding paragraph shall apply only if the property concerned is
subject, and is brought, to taxation under the laws of the United States
relating to estate or gift tax, and shall not apply in relation to—
(a)
property held as, or for the purpose of, an investment;
(b) intangible
property registered, and copyright subsisting, in Australia; or
(c) property
held in connection with the carrying on in Australia of any business not
otherwise referred to in this Article.
(5) A person or company shall not be
disqualified from being a contractor, sub-contractor, or one of their
personnel in respect of whom this Article applies by reason only of the
contractor or sub-contractor having undertaken the performance in Australia of
a contract for the United States Government in connection with a project,
other than the station, agreed upon by the two Governments.
Article 10
(1)
The Australian Government will facilitate the admission into and removal from
Australia of equipment, materials, supplies and other property which are
certified by the United States Government to be imported for use in the
construction, maintenance or operation of the station and which it is
certified at the time of entry are or will become the property of the United
States Government. No duties, taxes or charges, except charges for services
requested and rendered, will be levied or imposed on such items.
(2)
Exemption from sales tax will be allowed by the Australian Government in
respect of equipment, materials, supplies and other property purchased in
Australia which the United States Government certifies are for use in the
construction, maintenance or operation of the station and not for resale,
provided that such equipment, materials, supplies and other property will
become the property of the United States Government prior to use in Australia.
(3) The United States Government will be entitled to receive from the
Australian Government the amount of any duties, taxes, or other charges (not
being charges for services requested and rendered) which may have been imposed
or levied in respect of equipment, materials, supplies or other property which
have been incorporated in the station or wholly consumed on the site in the
construction of the station or which, having been brought from the United
States expressly for use on the site in the construction of the station, have
been exclusively so used and are exported from Australia at or before the
completion of the station.
Article 11
The United States Government may lease
from the Australian Government communication services within Australia and to
overseas destinations and may establish and operate radio circuits as required
for the passing of defence communications. The radio frequencies, powers,
bandwidths and other technical details will be agreed upon by the co-operating
agencies of the two Governments. The United States Government will take all
practicable measures to keep to a minimum all types of electronic interference
from its radio transmitters. Such measures shall, pursuant to the
International Radio Regulations, Geneva, 1959, be particularly applicable in
the case of harmful interference to established radio services.
Article 12
In cases in which the Australian Government or the Government of the State of
Western Australia is required to pay claims for which it is liable under
Australian law arising out of the operations or activities of the United
States Government or United States personnel who are in Australia for the
purposes of this Agreement, the appropriate authorities of the United States
Government will seek necessary legislative authority to reimburse the
Government concerned.
Article 13
The Australian national flag will be flown
on a separate and adjacent flagstaff whenever the United States flag is flown
at the station.
Article 14
Except as otherwise provided in this Agreement,
the construction, maintenance and operation of the station will be without
cost to the Australian Government. The Australian Government will reimburse
the United States Government for such expenses as the co-operating agencies of
the two Governments agree should be met by Australia for the use of the
station by its forces.
Article 15
Technical arrangements implementing this
Agreement shall be made by the co-operating agencies of the two Governments.
On the part of the Australian Government, the co-operating agency will be the
Department of Defence. On the part of the United States Government, the
co-operating agency will be the Department of the Navy.
Article 16
(1) This
Agreement shall be subject to approval by the two Governments and shall enter
into force on the date on which they exchange instruments notifying such
approval.
(2) The Agreement shall remain in force for at least twenty-five
years and thereafter until the expiration of 180 days from the date on which
one Government gives to the other Government notice in writing that it desires
to terminate the Agreement.
In witness whereof the undersigned, duly
authorized by their respective Governments, have signed this Agreement.
Done
at Canberra, in duplicate, this ninth day of May, One thousand nine hundred
and sixty-three.
G. E. BARWICK
|
WM. C. BATTLE
|
For the Government of the Commonwealth of Australia
|
For the Government of the United States of America
|
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