Commonwealth Numbered Acts

Christmas Island Agreement Amendment Act 1981 No. 107 of 1981 - SCHEDULE

SCHEDULE
Section 2 AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF
NEW
ZEALAND TO AMEND THE CHRISTMAS ISLAND AGREEMENT 1958

The Government of Australia and the Government of New Zealand,

having on the 30th September 1958 entered into the agreement known as the
Christmas Island Agreement 1958 (''the Principal Agreement'');

having amended certain provisions of the Principal Agreement by an agreement
entered into on the 8th September 1976 (''the First Amending Agreement''); and

desiring to amend certain other provisions of the Principal Agreement, have
agreed as follows:

Article 1

1. The paragraph comprising Article 4 of the Principal Agreement is omitted
and the following paragraphs are inserted in its stead:

''1. In the exercise of its responsibilities under Article 2 of this Agreement
to manage and control on behalf of the said Governments the working of the
said property, the Commission shall employ such managing agents as are jointly
nominated by the said Governments.

''2. Managing agents shall be employed by the Commission under paragraph 1 of
this Article on such terms as are agreed upon between the Commission and the
managing agents and approved by the said Governments.''

2. Sub-paragraph (a) of Article 5 is omitted and the following sub-paragraph
is inserted in its stead:

''(a) subject to the provision of sub-paragraph (b) of this Article, dispose
of phosphate in Australia and New Zealand at a price and upon terms agreed
upon by the two Governments;''

Article 2

Notwithstanding anything contained in the Principal Agreement as amended by
the First Amending Agreement and by this Agreement, the title of the
Commission to phosphate rock in stockpiles in Australia and New Zealand and
phosphate rock in transit to the said countries at a date agreed upon by the
said Governments may be transferred by the Commission to, or otherwise vested
in, each of the respective Governments at a time and on terms agreed upon by
the two Governments.

Article 3

The amendment of the Principal Agreement by this Agreement shall not affect
the validity or efficacy of any act done prior to, or any matter subsisting
at, the coming into force of this Agreement which was done or which arose
prior to that date in pursuance of the provisions of the Principal Agreement
as amended by the First Amending Agreement.

Article 4

1. Subject to paragraph 2 of this Article, this Agreement shall come into
force on the date on which the Government of Australia notifies the Government
of New Zealand that it has completed the processes necessary in Australia to
give effect to this Agreement.

2. The amendments of the Principal Agreement made by Article 1 shall take
effect on the 1st July 1981.

3. The Principal Agreement as amended by the First Amending Agreement and by
this Agreement shall be known as the Christmas Island Agreement 1958-1981.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this
Agreement, and have affixed thereto their seals.

DONE at Canberra this ninth day of June 1981.

           Michael MacKellar                          L. J. Francis


    For the Government of Australia         For the Government of New Zealand
------------------------------------------------------------------------------
--