Commonwealth Numbered Acts

ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 No. 30 of 1981 - SCHEDULE

                                    SCHEDULE                   Sub-section 3
(1) CONVENTION ON THE CONSERVATION OF ANTARCTIC MARINE
LIVING RESOURCES The Contracting Parties,
RECOGNISING the importance of safeguarding the environment and protecting the
integrity of the ecosystem of the seas surrounding Antarctica;
NOTING the concentration of marine living resources found in Antarctic waters
and the increased interest in the possibilities offered by the utilization of
these resources as a source of protein;
CONSCIOUS of the urgency of ensuring the conservation of Antarctic marine
living resources;
CONSIDERING that it is essential to increase knowledge of the Antarctic marine
ecosystem and its components so as to be able to base decisions on harvesting
on sound scientific information;
BELIEVING that the conservation of Antarctic marine living resources calls for
international co-operation with due regard for the provisions of the Antarctic
Treaty and with the active involvement of all States engaged in research or
harvesting activities in Antarctic waters;
RECOGNISING the prime responsibilities of the Antarctic Treaty Consultative
Parties for the protection and preservation of the Antarctic environment and,
in particular, their responsibilities under Article IX, paragraph 1 (f) of the
Antarctic Treaty in respect of the preservation and conservation of living
resources in Antarctica;
RECALLING the action already taken by the Antarctic Treaty Consultative
Parties including in particular the Agreed Measures for the Conservation of
Antarctic Fauna and Flora, as well as the provisions of the Convention for the
Conservation of Antarctic Seals;
BEARING in mind the concern regarding the conservation of Antarctic marine
living resources expressed by the Consultative Parties at the Ninth
Consultative Meeting of the Antarctic Treaty and the importance of the
provisions of Recommendation IX-2 which led to the establishment of the
present Convention;
BELIEVING that it is in the interest of all mankind to preserve the waters
surrounding the Antarctic continent for peaceful purposes only and to prevent
their becoming the scene or object of international discord;
RECOGNISING, in the light of the foregoing, that it is desirable to establish
suitable machinery for recommending, promoting, deciding upon and
co-ordinating the measures and scientific studies needed to ensure the
conservation of Antarctic marine living organisms;
HAVE AGREED as follows:
ARTICLE I 1. This Convention applies to the Antarctic marine living resources
of the area south of 60 degrees South latitude and to the Antarctic marine
living resources of the area between that latitude and the Antarctic
Convergence which form part of the Antarctic marine ecosystem. 2. Antarctic
marine living resources means the populations of fin fish, molluscs,
crustaceans and all other species of living organisms, including birds, found
south of the Antarctic Convergence. 3. The Antarctic marine ecosystem means
the complex of relationships of Antarctic marine living resources with each
other and with their physical environment. 4. The Antarctic Convergence shall
be deemed to be a line joining the following points along parallels of
latitude and meridians of longitude: 50 degrees S, 0 degrees; 50 degrees S, 30
degrees E; 45 degrees S, 30 d egrees E E; 45 degrees S, 80 degrees E; 55
degrees S, 80 degrees E; 55 degrees S, 150 degrees E; 60 degrees S, 150
degrees E; 60 degrees S, 50 degrees W; 50 degrees S, 50 degrees W; 50 degrees
S, 0 degrees.
ARTICLE II 1. The objective of this Convention is the conservation of
Antarctic marine living resources. 2. For the purposes of this Convention, the
term "conservation" includes rational use. 3. Any harvesting and associated
activities in the area to which this Convention applies shall be conducted in
accordance with the provisions of this Convention and with the following
principles of conservation:

   (a)  prevention of decrease in the size of any harvested population to
        levels below those which ensure its stable recruitment. For this
        purpose its size should not be allowed to fall below a level close to
        that which ensures the greatest net annual increment;

   (b)  maintenance of the ecological relationships between harvested,
        dependent and related populations of Antarctic marine living resources
        and the restoration of depleted populations to the levels defined in
        sub-paragraph (a) above; and

   (c)  prevention of changes or minimization of the risk of changes in the
        marine ecosystem which are not potentially reversible over two or
        three decades, taking into account the state of available knowledge of
        the direct and indirect impact of harvesting, the effect of the
        introduction of alien species, the effects of associated activities on
        the marine ecosystem and of the effects of environmental changes, with
        the aim of making possible the sustained conservation of Antarctic
        marine living resources.
ARTICLE III The Contracting Parties, whether or not they are Parties to the
Antarctic Treaty, agree that they will not engage in any activities in the
Antarctic Treaty area contrary to the principles and purposes of that Treaty
and that, in their relations with each other, they are bound by the
obligations contained in Articles I and V of the Antarctic Treaty.
ARTICLE IV 1. With respect to the Antarctic Treaty area, all Contracting
Parties, whether or not they are Parties to the Antarctic Treaty, are bound by
Articles IV and VI of the Antarctic Treaty in their relations with each other.
2. Nothing in this Convention and no acts or activities taking place while the
present Convention is in force shall:

   (a)  constitute a basis for asserting, supporting or denying a claim to
        territorial sovereignty in the Antarctic Treaty area or create any
        rights of sovereignty in the Antarctic Treaty area;

   (b)  be interpreted as a renunciation or diminution by any Contracting
        Party of, or as prejudicing, any right or claim or basis of claim to
        exercise coastal state jurisdiction under international law within the
        area to which this Convention applies;

   (c)  be interpreted as prejudicing the position of any Contracting Party as
        regards its recognition or non-recognition of any such right, claim or
        basis of claim;

   (d)  affect the provision of Article IV, paragraph 2, of the Antarctic
        Treaty that no new claim, or enlargement of an existing claim, to
        territorial sovereignty in Antarctica shall be asserted while the
        Antarctic Treaty is in force.
ARTICLE V 1. The Contracting Parties which are not Parties to the Antarctic
Treaty acknowledge the special obligations and responsibilities of the
Antarctic Treaty Consultative Parties for the protection and preservation of
the environment of the Antarctic Treaty area. 2. The Contracting Parties which
are not Parties to the Antarctic Treaty agree that, in their activities in the
Antarctic Treaty area, they will observe as and when appropriate the Agreed
Measures for the Conservation of Antarctic Fauna and Flora and such other
measures as have been recommended by the Antarctic Treaty Consultative Parties
in fulfilment of their responsibility for the protection of the Antarctic
environment from all forms of harmful human interference. 3. For the purposes
of this Convention, "Antarctic Treaty Consultative Parties" means the
Contracting Parties to the Antarctic Treaty whose Representatives participate
in meetings under Article IX of the Antarctic Treaty.
ARTICLE VI Nothing in this Convention shall derogate from the rights and
obligations of Contracting Parties under the International Convention for the
Regulation of Whaling and the Convention for the Conservation of Antarctic
Seals.
ARTICLE VII 1. The Contracting Parties hereby establish and agree to maintain
the Commission for the Conservation of Antarctic Marine Living Resources
(hereinafter referred to as "the Commission"). 2. Membership in the Commission
shall be as follows:

   (a)  each Contracting Party which participated in the meeting at which this
        Convention was adopted shall be a Member of the Commission;

   (b)  each State Party which has acceded to this Convention pursuant to
        Article XXIX shall be entitled to be a Member of the Commission during
        such time as that acceding Party is engaged in research or harvesting
        activities in relation to the marine living resources to which this
        Convention applies;

   (c)  each regional economic integration organization which has acceded to
        this Convention pursuant to Article XXIX shall be entitled to be a
        Member of the Commission during such time as its States members are so
        entitled;

   (d)  a Contracting Party seeking to participate in the work of the
        Commission pursuant to sub-paragraphs (b) and (c) above shall notify
        the Depositary of the basis upon which it seeks to become a Member of
        the Commission and of its willingness to accept conservation measures
        in force. The Depositary shall communicate to each Member of the
        Commission such notification and accompanying information. Within two
        months of receipt of such communication from the Depositary, any
        Member of the Commission may request that a special meeting of the
        Commission be held to consider the matter. Upon receipt of such
        request, the Depositary shall call such a meeting. If there is no
        request for a meeting, the Contracting Party submitting the
        notification shall be deemed to have satisfied the requirements for
        Commission Membership. 3. Each Member of the Commission shall be
        represented by one representative who may be accompanied by alternate
        representatives and advisers.
ARTICLE VIII The Commission shall have legal personality and shall enjoy in
the territory of each of the States Parties such legal capacity as may be
necessary to perform its function and achieve the purposes of this Convention.
The privileges and immunities to be enjoyed by the Commission and its staff in
the territory of a State Party shall be determined by agreement between the
Commission and the State Party concerned.
ARTICLE IX 1. The function of the Commission shall be to give effect to the
objective and principles set out in Article II of this Convention. To this
end, it shall:

   (a)  facilitate research into and comprehensive studies of Antarctic marine
        living resources and of the Antarctic marine ecosystem;

   (b)  compile data on the status of and changes in population of Antarctic
        marine living resources and on factors affecting the distribution,
        abundance and productivity of harvested species and dependent or
        related species or populations;

   (c)  ensure the acquisition of catch and effort statistics on harvested
        populations;

   (d)  analyse, disseminate and publish the information referred to in
        sub-paragraphs (b) and (c) above and the reports of the Scientific
        Committee;

   (e)  identify conservation needs and analyse the effectiveness of
        conservation measures;

   (f)  formulate, adopt and revise conservation measures on the basis of the
        best scientific evidence available, subject to the provisions of
        paragraph 5 of this Article;

   (g)  implement the system of observation and inspection established under
        Article XXIV of this Convention;

   (h)  carry out such other activities as are necessary to fulfil the
        objective of this Convention. 2. The conservation measures referred to
        in paragraph 1 (f) above include the following:

   (a)  the designation of the quantity of any species which may be harvested
        in the area to which this Convention applies;

   (b)  the designation of regions and sub-regions based on the distribution
        of populations of Antarctic marine living resources;

   (c)  the designation of the quantity which may be harvested from the
        populations of regions and sub-regions;

   (d)  the designation of protected species;

   (e)  the designation of the size, age and, as appropriate, sex of species
        which may be harvested;

   (f)  the designation of open and closed seasons for harvesting;

   (g)  the designation of the opening and closing of areas, regions or
        sub-regions for purposes of scientific study or conservation,
        including special areas for protection and scientific study;

   (h)  regulation of the effort employed and methods of harvesting, including
        fishing gear, with a view, inter alia, to avoiding undue concentration
        of harvesting in any region or sub-region;

   (i)  the taking of such other conservation measures as the Commission
        considers necessary for the fulfilment of the objective of this
        Convention, including measures concerning the effects of harvesting
        and associated activities on components of the marine ecosystem other
        than the harvested populations. 3. The Commission shall publish and
        maintain a record of all conservation measures in force. 4. In
        exercising its functions under paragraph 1 above, the Commission shall
        take full account of the recommendations and advice of the Scientific
        Committee. 5. The Commission shall take full account of any relevant
        measures or regulations established or recommended by the Consultative
        Meetings pursuant to Article IX of the Antarctic Treaty or by existing
        fisheries commissions responsible for species which may enter the area
        to which this Convention applies, in order that there shall be no
        inconsistency between the rights and obligations of a Contracting
        Party under such regulations or measures and conservation measures
        which may be adopted by the Commission. 6. Conservation measures
        adopted by the Commission in accordance with this Convention shall be
        implemented by Members of the Commission in the following manner:

   (a)  the Commission shall notify conservation measures to all Members of
        the Commission;

   (b)  conservation measures shall become binding upon all Members of the
        Commission 180 days after such notification, except as provided in
        sub-paragraphs (c) and (d) below;

   (c)  If a Member of the Commission, within ninety days following the
        notification specified in sub-paragraph (a), notifies the Commission
        that it is unable to accept the conservation measure, in whole or in
        part, the measure shall not, to the extent stated, be binding upon
        that Member of the Commission; (d) in the event that any Member of the
        Commission invokes the procedure set forth in sub-paragraph (c) above,
        the Commission shall meet at the request of any Member of the
        Commission to review the conservation measure. At the time of such
        meeting and within thirty days following the meeting, any Member of
        the Commission shall have the right to declare that it is no longer
        able to accept the conservation measure, in which case the Member
        shall no longer be bound by such measure.
ARTICLE X 1. The Commission shall draw the attention of any State which is not
a Party to this Convention to any activity undertaken by its nationals or
vessels which, in the opinion of the Commission, affects the implementation of
the objective of this Convention. 2. The Commission shall draw the attention
of all Contracting Parties to any activity which, in the opinion of the
Commission, affects the implementation by a Contracting Party of the objective
of this Convention or the compliance by that Contracting Party with its
obligations under this Convention.
ARTICLE XI The Commission shall seek to co-operate with Contracting Parties
which may exercise jurisdiction in marine areas adjacent to the area to which
this Convention applies in respect of the conservation of any stock or stocks
of associated species which occur both within those areas and the area to
which this Convention applies, with a view to harmonizing the
conservation measures adopted in respect of such stocks.
ARTICLE XII 1. Decisions of the Commission on matters of substance shall be
taken by consensus. The question of whether a matter is one of substance shall
be treated as a matter of substance. 2. Decisions on matters other than those
referred to in paragraph 1 above shall be taken by a simple majority of the
Members of the Commission present and voting. 3. In Commission consideration
of any item requiring a decision, it shall be made clear whether a regional
economic integration organization will participate in the taking of the
decision and, if so, whether any of its member States will also participate.
The number of Contracting Parties so participating shall not exceed the number
of member States of the regional economic integration organization which are
Members of the Commission. 4. In the taking of decisions pursuant to this
Article, a regional economic integration organization shall have only one
vote.
ARTICLE XIII 1. The headquarters of the Commission shall be established at
Hobart, Tasmania, Australia. 2. The Commission shall hold a regular annual
meeting. Other meetings shall also be held at the request of one-third of its
members and as otherwise provided in this Convention. The first meeting of the
Commission shall be held within three months of the entry into force of this
Convention, provided that among the Contracting Parties there are at least two
States conducting harvesting activities within the area to which this
Convention applies. The first meeting shall, in any event, be held within one
year of the entry into force of this Convention. The Depositary shall consult
with the signatory States regarding the first Commission meeting, taking into
account that a broad representation of such States is necessary for the
effective operation of the Commission. 3. The Depositary shall convene the
first meeting of the Commission at the headquarters of the Commission.
Thereafter, meetings of the Commission shall be held at its headquarters,
unless it decides otherwise. 4. The Commission shall elect from among its
members a Chairman and Vice- Chairman, each of whom shall serve for a term of
two years and shall be eligible for re-election for one additional term. The
first Chairman shall, however, be elected for an initial term of three years.
The Chairman and Vice-Chairman shall not be representatives of the same
Contracting Party. 5. The Commission shall adopt and amend as necessary the
rules of procedure for the conduct of its meetings, except with respect to the
matters dealt with in Article XII of this Convention. 6. The Commission may
establish such subsidiary bodies as are necessary for the performance of its
functions.
ARTICLE XIV 1. The Contracting Parties hereby establish the Scientific
Committee for the Conservation of Antarctic Marine Living Resources
(hereinafter referred to as "the Scientific Committee") which shall be a
consultative body to the Commission. The Scientific Committee shall normally
meet at the headquarters of the Commission unless the Scientific Committee
decides otherwise. 2. Each Member of the Commission shall be a member of the
Scientific Committee and shall appoint a representative with suitable
scientific qualifications who may be accompanied by other experts and
advisers. 3. The Scientific Committee may seek the advice of other scientists
and experts as may be required on an ad hoc basis.
ARTICLE XV 1. The Scientific Committee shall provide a forum for consultation
and co-operation concerning the collection, study and exchange of information
with respect to the marine living resources to which this Convention applies.
It shall encourage and promote co-operation in the field of scientific
research in order to extend knowledge of the marine living resources of the
Antarctic marine ecosystem. 2. The Scientific Committee shall conduct such
activities as the Commission may direct in pursuance of the objective of this
Convention and shall:

   (a)  establish criteria and methods to be used for determinations
        concerning the conservation measures referred to in Article IX of this
        Convention;

   (b)  regularly assess the status and trends of the populations of Antarctic
        marine living resources;

   (c)  analyse data concerning the direct and indirect effects of harvesting
        on the populations of Antarctic marine living resources;

   (d)  assess the effects of proposed changes in the methods or levels of
        harvesting and proposed conservation measures;

   (e)  transmit assessments, analyses, reports and recommendations to the
        Commission as requested or on its own initiative regarding measures
        and research to implement the objective of this Convention;

   (f)  formulate proposals for the conduct of international and national
        programs of research into Antarctic marine living resources. 3. In
        carrying out its functions, the Scientific Committee shall have regard
        to the work of other relevant technical and scientific organizations
        and to the scientific activities conducted within the framework of the
        Antarctic Treaty.
ARTICLE XVI 1. The first meeting of the Scientific Committee shall be held
within three months of the first meeting of the Commission. The Scientific
Committee shall meet thereafter as often as may be necessary to fulfil its
functions. 2. The Scientific Committee shall adopt and amend as necessary its
rules of procedure. The rules and any amendments thereto shall be approved by
the Commission. The rules shall include procedures for the presentation of
minority reports. 3. The Scientific Committee may establish, with the approval
of the Commission, such subsidiary bodies as are necessary for the performance
of its functions.
ARTICLE XVII 1. The Commission shall appoint an Executive Secretary to serve
the Commission and Scientific Committee according to such procedures and on
such terms and conditions as the Commission may determine. His term of office
shall be for four years and he shall be eligible for re-appointment. 2. The
Commission shall authorize such staff establishment for the Secretariat as may
be necessary and the Executive Secretary shall appoint, direct and supervise
such staff according to such rules, and procedures and on such terms and
conditions as the Commission may determine. 3. The Executive Secretary and
Secretariat shall perform the functions entrusted to them by the Commission.
ARTICLE XVIII The official languages of the Commission and of the Scientific
Committee shall be English, French, Russian and Spanish.
ARTICLE XIX 1. At each annual meeting, the Commission shall adopt by consensus
its budget and the budget of the Scientific Committee. 2. A draft budget for
the Commission and the Scientific Committee and any subsidiary bodies shall be
prepared by the Executive Secretary and submitted to the Members of the
Commission at least sixty days before the annual meeting of the Commission. 3.
Each Member of the Commission shall contribute to the Budget. Until the
expiration of five years after the entry into force of this Convention, the
contribution of each Member of the Commission shall be equal. Thereafter the
contribution shall be determined in accordance with two criteria: the amount
harvested and an equal sharing among all Members of the Commission. The
Commission shall determine by consensus the proportion in which these two
criteria shall apply. 4. The financial activities of the Commission and
Scientific Committee shall be conducted in accordance with financial
regulations adopted by the Commission and shall be subject to an annual audit
by external auditors selected by the Commission. 5. Each Member of the
Commission shall meet its own expenses arising from attendance at meetings of
the Commission and of the Scientific Committee. 6. A Member of the Commission
that fails to pay its contributions for two consecutive years shall not,
during the period of its default, have the right to participate in the taking
of decisions in the Commission.
ARTICLE XX 1. The Members of the Commission shall, to the greatest extent
possible, provide annually to the Commission and to the Scientific Committee
such statistical, biological and other data and information as the Commission
and Scientific Committee may require in the exercise of their functions. 2.
The Members of the Commission shall provide, in the manner and at such
intervals as may be prescribed, information about their harvesting activities,
including fishing areas and vessels, so as to enable reliable catch and effort
statistics to be compiled. 3. The Members of the Commission shall provide to
the Commission at such intervals as may be prescribed information on steps
taken to implement the conservation measures adopted by the Commission. 4. The
Members of the Commission agree that in any of their harvesting activities,
advantage shall be taken of opportunities to collect data needed to assess the
impact of harvesting.
ARTICLE XXI 1. Each Contracting Party shall take appropriate measures within
its competence to ensure compliance with the provisions of this Convention and
with conservation measures adopted by the Commission to which the Party is
bound in accordance with Article IX of this Convention. 2. Each Contracting
Party shall transmit to the Commission information on measures taken pursuant
to paragraph 1 above, including the imposition of sanctions for any violation.
ARTICLE XXII 1. Each Contracting Party undertakes to exert appropriate
efforts, consistent with the Charter of the United Nations, to the end that no
one engages in any activity contrary to the objective of this Convention. 2.
Each Contracting Party shall notify the Commission of any such activity which
comes to its attention.
ARTICLE XXIII 1. The Commission and the Scientific Committee shall co-operate
with the Antarctic Treaty Consultative Parties on matters falling within the
competence of the latter. 2. The Commission and the Scientific Committee shall
co-operate, as appropriate, with the Food and Agriculture Organisation of the
United Nations and with other Specialised Agencies. 3. The Commission and the
Scientific Committee shall seek to develop co-operative working relationships,
as appropriate, with inter-governmental and non-governmental organizations
which could contribute to their work, including the Scientific Committee on
Antarctic Research, the Scientific Committee on Oceanic Research and the
International Whaling Commission. 4. The Commission may enter into agreements
with the organizations referred to in this Article and with other
organizations as may be appropriate. The Commission and the Scientific
Committee may invite such organizations to send observers to their meetings
and to meetings of their subsidiary bodies.
ARTICLE XXIV 1. In order to promote the objective and ensure observance of the
provisions of this Convention, the Contracting Parties agree that a system of
observation and inspection shall be established. 2. The system of observation
and inspection shall be elaborated by the Commission on the basis of the
following principles:

   (a)  Contracting Parties shall co-operate with each other to ensure the
        effective implementation of the system of observation and inspection,
        taking account of the existing international practice. This system
        shall include, inter alia, procedures for boarding and inspection by
        observers and inspectors designated by the Members of the Commission
        and procedures for flag state prosecution and sanctions on the basis
        of evidence resulting from such boarding and inspections. A report of
        such prosecutions and sanctions imposed shall be included in the
        information referred to in Article XXI of this Convention;

   (b)  in order to verify compliance with measures adopted under this
        Convention, observation and inspection shall be carried out on board
        vessels engaged in scientific research or harvesting of marine living
        resources in the area to which this Convention applies, through
        observers and inspectors designated by the Members of the Commission
        and operating under terms and conditions to be established by the
        Commission;

   (c)  designated observers and inspectors shall remain subject to the
        jurisdiction of the Contracting Party of which they are nationals.
        They shall report to the Member of the Commission by which they have
        been designated which in turn shall report to the Commission. 3.
        Pending the establishment of the system of observation and inspection,
        the Members of the Commission shall seek to establish interim
        arrangements to designate observers and inspectors and such designated
        observers and inspectors shall be entitled to carry out inspections in
        accordance with the principles set out in paragraph 2 above.
ARTICLE XXV 1. If any dispute arises between two or more of the Contracting
Parties concerning the interpretation or application of this Convention, those
Contracting Parties shall consult among themselves with a view to having the
dispute resolved by negotiation, inquiry mediation, conciliation, arbitration,
judicial settlement or other peaceful means of their own choice. 2. Any
dispute of this character not so resolved shall, with the consent in each case
of all Parties to the dispute, be referred for settlement to the International
Court of Justice or to arbitration; but failure to reach agreement on
reference to the International Court or to arbitration shall not absolve
Parties to the dispute from the responsibility of continuing to seek to
resolve it by any of the various peaceful means referred to in paragraph 1
above. 3. In cases where the dispute is referred to arbitration, the arbitral
tribunal shall be constituted as provided in the Annex to this Convention.
ARTICLE XXVI 1. This Convention shall be open for signature at Canberra from 1
August to 31 December 1980 by the States participating in the Conference on
the Conservation of Antarctic Marine Living Resources held at Canberra from 7
to 20 May 1980. 2. The States which so sign will be the original signatory
States of the Convention.
ARTICLE XXVII 1. This Convention is subject to ratification, acceptance or
approval by signatory States. 2. Instruments of ratification, acceptance or
approval shall be deposited with the Government of Australia, hereby
designated as the Depositary.
ARTICLE XXVIII 1. This Convention shall enter into force on the thirtieth day
following the date of deposit of the eighth instrument of ratification,
acceptance or approval by States referred to paragraph 1 of Article XXVI of
this Convention. 2. With respect to each State or regional economic
integration organization which subsequent to the date of entry into force of
this Convention deposits an instrument of ratification, acceptance, approval
or accession, the Convention shall enter into force on the thirtieth day
following such deposit.
ARTICLE XXIX 1. This Convention shall be open for accession by any State
interested in research or harvesting activities in relation to the marine
living resources to which this Convention applies. 2. This Convention shall be
open for accession by regional economic integration organizations constituted
by sovereign States which include among their members one or more States
Members of the Commission and to which the States members of the organization
have transferred, in whole or in part, competences with regard to the matters
covered by this Convention. The accession of such regional economic
integration organizations shall be the subject of consultations among Members
of the Commission.
ARTICLE XXX 1. This Convention may be amended at any time. 2. If one-third of
the Members of the Commission request a meeting to discuss a proposed
amendment the Depositary shall call such a meeting. 3. An amendment shall
enter into force when the Depositary has received instruments of ratification,
acceptance or approval thereof from all the Members of the Commission. 4. Such
amendment shall thereafter enter into force as to any other Contracting Party
when notice of ratification, acceptance or approval by it has been received by
the Depositary. Any such Contracting Party from which no such notice has been
received within a period of one year from the date of entry into force of the
amendment in accordance with paragraph 3 above shall be deemed to have
withdrawn from this Convention.
ARTICLE XXXI 1. Any Contracting Party may withdraw from this Convention on 30
June of any year, by giving written notice not later than 1 January of the
same year to the Depositary, which, upon receipt of such a notice, shall
communicate it forthwith to the other Contracting Parties. 2. Any other
Contracting Party may, within sixty days of the receipt of a copy of such a
notice from the Depositary, give written notice of withdrawal to the
Depositary in which case the Convention shall cease to be in force on 30 June
of the same year with respect to the Contracting Party giving such notice. 3.
Withdrawal from this Convention by any Member of the Commission shall not
affect its financial obligations under this Convention.
ARTICLE XXXII The Depositary shall notify all Contracting Parties of the
following:

   (a)  signatures of this Convention and the deposit of instruments of
        ratification, acceptance, approval or accession;

   (b)  the date of entry into force of this Convention and of any amendment
        thereto.
ARTICLE XXXIII 1. This Convention, of which the English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Government of
Australia which shall transmit duly certified copies thereof to all signatory
and acceding Parties. 2. This Convention shall be registered by the Depositary
pursuant to Article 102 of the Charter of the United Nations. Drawn up at
Canberra this twentieth day of May 1980.
IN WITNESS WHEREOF the undersigned, being duly authorized, have signed this
Convention.
(Here follow the signatures on behalf of the parties to the Agreement,
including Australia.)
ANNEX FOR AN ARBITRAL TRIBUNAL 1. The arbitral tribunal referred to in
paragraph 3 of Article XXV shall be composed of three arbitrators who shall be
appointed as follows:

   (a)  The Party commencing proceedings shall communicate the name of an
        arbitrator to the other Party which, in turn, within a period of forty
        days following such notification, shall communicate the name of the
        second arbitrator. The Parties shall, within a period of sixty days
        following the appointment of the second arbitrator, appoint the third
        arbitrator, who shall not be a national of either Party and shall not
        be of the same nationality as either of the first two arbitrators. The
        third arbitrator shall preside over the tribunal.

   (b)  If the second arbitrator has not been appointed within the prescribed
        period, or if the Parties have not reached agreement within the
        prescribed period on the appointment of the third arbitrator, that
        arbitrator shall be appointed, at the request of either Party, by the
        Secretary- General of the Permanent Court of Arbitration, from among
        persons of international standing not having the nationality of a
        State which is a Party to this Convention. 2. The arbitral tribunal
        shall decide where its headquarters will be located and shall adopt
        its own rules of procedure. 3. The award of the arbitral tribunal
        shall be made by a majority of its members, who may not abstain from
        voting. 4. Any Contracting Party which is not a Party to the dispute
        may intervene in the proceedings with the consent of the arbitral
        tribunal. 5. The award of the arbitral tribunal shall be final and
        binding on all Parties to the dispute and on any Party which
        intervenes in the proceedings and shall be complied with without
        delay. The arbitral tribunal shall interpret the award at the request
        of one of the Parties to the dispute or of any intervening Party. 6.
        Unless the arbitral tribunal determines otherwise because of the
        particular circumstances of the case, the expenses of the tribunal,
        including the remuneration of its members, shall be borne by the
        Parties to the dispute in equal shares.