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List of Multilateral Treaty Actions Under Negotiation or Consideration |
SCHEDULE OF MULTILATERAL
TREATIES
UNDER
NEGOTIATION, CONSIDERATION OR REVIEW
BY
THE AUSTRALIAN GOVERNMENT
AS
AT SEPTEMBER 2008
A list of multilateral treaties
under negotiation, consideration or review by Australian Government for signature
or adherence is tabled in the Commonwealth Parliament approximately every six
months and is available through the Internet at:
Any new item on the Schedule will
be shown in bold italics.
# indicates expected to be completed within
six months.
|
ENVIRONMENT & RESOURCES: |
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· International Tropical Timber
Agreement (ITTA) [2008] ATNIF 4 |
International
Tropical Timber Organization (ITT0) |
Miss Erika
Oord International
Forest Policy Department of Agriculture, Fisheries
and Forestry Telephone:
02 6272 4937 Facsimile:
02 6272 4215 Email: Erika.Oord@daff.gov.au |
This is a
successor agreement to the International Tropical Timber Agreement 1994. Signed for
Australia in New York on 30 June 2008. DAFF is seeking approval of the text
from new ministers before proceeding with signature to the Agreement. DAFF is developing a National Interest
Analysis in consultation with industry, States and Territories through the
Forestry and Forest Products Committee, a sub-committee of the Primary
Industries Standing Committee, and other Government Departments. |
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MARITIME & LAW OF THE SEA: Fishing |
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·
Southern Indian Ocean Fisheries Agreement |
FAO |
Dr John Kalish Fisheries and Aquaculture Department of Agriculture, Fisheries and Forestry
Telephone: 02 6272 4045 Facsimile: 02 6272 4875 Email: john.kalish@daff.gov.au |
The
Agreement text was adopted at a diplomatic conference in Rome 6-7 July
2006. Australia signed the treaty,
subject to ratification, on 29 December 2006 in Rome. DAFF are coordinating the domestic
processes for ratification, including preparation of a National Interest
Analysis, in cooperation with relevant Commonwealth departments and agencies.
Eight
Parties, including Australia, have signed the Agreement, which will come into
force 90 days after the fourth ratification. Consultation with the fishing industry,
State and Territory Governments and other Federal Government agencies
occurred during the negotiation phase.
Consultation during the ratification phase is yet to take place. |
|
·
Amendments adopted on 24 March 2002
to the 1987 Treaty on Fisheries between the Governments of Certain Pacific
Island States and the Government of the United States of America |
Government of Papua New Guinea |
Ms Jacinta Innes International Fisheries and Aquaculture Department of Agriculture, Fisheries and Forestry Telephone: 02 6272 5650 Facsimile: 02 6272 4875 Email: jacinta.innes@daff.gov.au Mr
Todd Quinn International
Legal Branch Dept
of Foreign Affairs and Trade Telephone:
02 6261 2566 Facsimile: 02 6112 2566 Email:
todd.quinn@dfat.gov.au |
Commonwealth is preparing National Interest Analysis. Consultation with States and Territories is through the Eastern Tuna Management Advisory Committee (MAC) and the Skipjack Consultative Committee. Progress has stalled on this issue due to conflict of Treaty obligations with domestic legislation; negotiations are currently underway within government to resolve the conflict. |
|
· Amendments to the Agreement among Pacific Island States concerning the Implementation and Administration of the Treaty on Fisheries between the governments of certain Pacific Island States and the Government of the United States of America of 1987 |
Government of Papua New Guinea |
As above |
Ratification process is being combined
with the above Treaty – it can not be progressed until negotiations within
Government regarding conflict with domestic legislation have been concluded. Consultation with States and Territories is, as above, through the Eastern Tuna Management Advisory Committee (MAC) and the Skipjack Consultative Committee. |
|
·
Treaty
to provide a governance regime for non-highly migratory fish resources of the
southern Pacific Ocean |
South Pacific
Regional Fisheries Management Organisation (SPRFMO) |
Ms Jacinta Innes International Fisheries and Aquaculture Department of Agriculture, Fisheries and Forestry Telephone: 02 6272 5650 Facsimile: 02 6272 4875 Email: jacinta.innes@daff.gov.au Mr Clinton Dengate International Legal Branch Dept of Foreign Affairs and Trade Telephone: 02 6261 1886 Facsimile: 02 6261 2144 Email: clinton.dengate@dfat.gov.au |
Participating States have agreed to
establish a legally binding treaty. Draft
texts have been discussed at four International negotiations most recently in
New Caledonia in August 2007.. No
agreement on the text has been reached.
Further negotiations on the text will take place at a series of
international meetings over the next two to three years including at an
upcoming meeting in March 2008. Regular consultations prior to each
negotiation are held with all relevant Commonwealth Government agencies to
gain whole-of-government agreement on Australia’s negotiating position and
with members of the high seas fishing industry as well as environmental
non-governmental organisations. State/Territory
representatives could participate on Australian delegations if requested. |
|
MARITIME & LAW OF THE SEA:
Marine Pollution |
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·
International
Convention for the Control and Management of Ships’ Ballast Water and
Sediment, done at London on 13 February 2004 |
International Maritime
Organization (IMO) |
Mr Andrew
Johnson Invasive Marine Species Program Department of Agriculture, Fisheries
and Forestry Telephone: 02
6272 4975 Facsimile: 02 6271
6459 Email: andrew.johnson@daff.gov.au Mr Paul Nelson Australian Maritime Safety
Authority Telephone:
02 6279 5007
Facsimile:
02 6279 5026
Email: paul.nelson@amsa.gov.au Ms Poh Aye Tan Maritime and Land Transport
Division Department of Transport and
Telephone: 02 6274 7428 Facsimile: 02 6274 7884 Email: tan.pohaye@dotars.gov.au |
The
Convention was signed for Australia, subject to ratification, on 27 May
2005. The Convention will come into
force 12 months after 30 States, representing 35 percent of
gross world shipping tonnage have signed/ratified. As at 30 June 2008, 14 States were party to the Convention. Tabled with
National Interest Analysis [2007] ATNIA 22 on 13 June 2007; JSCOT Report
87. Consultation
with the States and Territories through the National Introduced Marine Pests
Coordination Group. Guidelines
to support the Convention are being developed; thirteen have been adopted by
IMO, the final Guideline is expected to be considered for adoption at the
next Marine Environment Protection Committee meeting in London from
31 March-4 April 2008. |
|
CRIMINAL MATTERS: Mutual
Assistance in Criminal Matters |
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·
Protocol
against the Illicit Manufacturing of and Trafficking in Firearms, done at New
York on 31 May 2001 |
UN |
Mr Craig Harris National Law
Enforcement Policy Branch Attorney-General’s Department Telephone: 02 6250 6848 Facsimile: 02 6273 0914 Email: craig.harris@ag.gov.au |
Australia
signed the Firearms Protocol on 21/12/2001, but is yet to ratify it. Prior to ratification,
Australia must implement all the obligations contained in the Firearms
Protocol. This will involve possible
changes to Commonwealth, State and
Territory legislation. Consideration
of the legislative changes will be undertaken in consultation with States and
Territories. Consultation will be
progressed through the Ministerial Council for Police and Emergency Management
– Police (MCPEMP), in particular the MCPEMP Firearms Policy Working Group. |
|
CRIMINAL MATTERS: Terrorism |
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·
Convention for the Suppression of
Acts of Nuclear Terrorism, adopted in New York on 13 April 2005 |
UN |
Security Law Branch Attorney-General’s Department Telephone: 02 6250 5430 Facsimile: 02 6250 5985 Email: annette.willing@ag.gov.au
Mr Peter Scott International Legal Branch Dept of Foreign Affairs and
Trade Telephone: 02 6261 2922 Facsimile: 02 6112 2922 Email: peter.scott@dfat.gov.au |
The Convention opened for signature by States in September 2005 and
was signed, for Australia, by the Prime Minister on 14 September
2005. There is a requirement for domestic legislative action
before Australia can ratify the Convention. Australia will progress work on
enactment and/or amendment of Commonwealth legislation during 2009. The
Convention will also need to be tabled in Parliament and considered by the
Joint Standing Committee on Treaties (JSCOT) prior to any decision to
ratify. Legislative action is
subject to competing legislative priorities including the domestic
implementation of the SUA Protocols.
Domestic implementation of the Convention may require legislative
changes in State and Territory jurisdictions, and States and Territories will
be consulted including through the Standing Committee on Treaties. |
|
UN |
Ms Annette Willing Security Law Branch Attorney-General’s Department Telephone: 02 6250 5430 Facsimile: 02 6250 5985 Email: annette.willing@ag.gov.au Mr Peter Scott International Legal Branch Dept of Foreign Affairs and Trade Telephone: 02 6261 2922 Facsimile: 02 6112 2922 Email: peter.scott@dfat.gov.au |
An Ad Hoc Committee
was established by General Assembly Resolution 51/210 of 17 December 1996 to elaborate
a text. Negotiations are still
continuing towards settling draft text, with the most recent Ad Hoc Committee
discussions having occurred in March 2008. A decision on becoming
a party will only be made once the text of the Convention has been finalised. |
|
|
·
Protocol of 2005 to the Convention
for the Suppression of Unlawful Acts against the Safety of Maritime
Navigation, 1988 (the SUA Protocol) ·
Protocol of 2005 for the Suppression
of Unlawful Acts against the Safety of Fixed Platforms Located on the
Continental Shelf |
International Maritime Organisation (IMO) |
Ms Annette Willing Security Law Branch Attorney-General’s Department Telephone: 02 6250 5430 Facsimile: 02 6250 5985 Email: annette.willing@ag.gov.au Mr Jeremy Parkinson Office of Transport Security Dept of Transport & Regional Services Telephone: 6274 6796 Email: Jeremy.parkinson@dotars.gov.au
|
On 7 March 2006 Australia signed two protocols that amend the SUA Convention and the Fixed Platforms Protocol. Prior to Australian ratification of the new protocols, domestic treaty making procedures will need to be complied with, including the passage of any necessary additional legislation. Australia will progress work on enactment and/or amendment of Commonwealth legislation during 2009. |
|
·
Draft Protocol to the Convention for
the Suppression of Unlawful Acts Against the Safety of Civil Aviation · Draft Protocol to the Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention ) |
International Civil Aviation Organization (ICAO) |
An ICAO Secretariat Study Group met during 2006 and 2007 to consider the development of a new instrument(s) to address the new and emerging threats to civil aviation. The Group identified a number of acts which were not covered by existing international aviation security instruments which should be criminalised under international law, as well as a broader range of contributory offences which could also be covered. A Sub‑Committee of the ICAO Legal Committee has prepared draft text for a new a Protocol to the Montreal Convention and a new Protocol to the Hague Convention. It is likely that the ICAO Legal Committee will commence its consideration of the draft instruments at its meeting in April 2009. |
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INTELLECTUAL & INDUSTRIAL PROPERTY: World Intellectual Property Organization (WIPO) |
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·
Treaty on Protection of the Rights
of Broadcasting Organisations |
WIPO |
Ms Helen Daniels Copyright Law Branch Attorney-General’s Department Telephone: 02 6250 6313 Facsimile: 02 6250 5929 Email: helen.daniels@ag.gov.au |
The WIPO SCCRR meeting in March 2008
failed to make progress towards finalising this draft treaty. The WIPO General Assembly, meeting in
September-October 2007, decided that the treaty would be kept on the agenda
of the SCCRR and that a diplomatic conference would be convened only when
agreement is reached on a draft text. The proposed treaty is an item on the
meeting of the SCCRR scheduled for 3-7 November 2008. |
|
·
Protocol to the WIPO Performances
and Phonograms Treaty |
WIPO |
As above |
The
issue preventing adoption of this Protocol remains unresolved. At its annual meeting in September-October
2007, the WIPO General Assembly agreed to keep the possible reconvening of
the 2000 diplomatic conference on its agenda. The
proposed protocol is an item on the meeting of the SCCRR scheduled for 3-7
November 2008. |
|
· Proposed amendments to the
Berne Convention for the Protection of Literary and Artistic Works, 1971 |
WIPO |
As above |
Amendments are linked to the amendments to the Convention establishing the World Intellectual Property Organisation adopted on 1 October 2003 (subject of a separate item in the Schedule). |
|
INTERNATIONAL LAW: Private International Law: Hague Conventions |
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|
· Convention on Choice of Court Agreements, done at
The Hague on 30 June 2005 |
The Hague Conference on Private International Law |
Ms Catherine
Fitch Civil Justice
Division Attorney-General’s
Department Telephone: 02
6250 6866 Facsimile: 02
6250 5904 Email: Catherine.fitch@ag.gov.au |
The Convention was adopted on 30 June 2005. The Explanatory Report on the Convention
was published by the Permanent Bureau of the Hague Conference on Private
International Law on 2 May 2007.
Consideration will be given to whether Australia should become a
party. |
|
·
Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in Civil or Commercial Matters, done at
The Hague on 15 November 1965 |
The Hague Conference on Private International Law |
As above |
A Commonwealth-led SCAG Working Group consulted extensively with
key stakeholders, including the Council of Chief Justices of Australia and
New Zealand, on possible models of implementation and issues related to Australia’s
accession to the Convention. At the July 2007 SCAG meeting, Ministers considered and agreed with the Working Group ‘s recommended model of implementation. The Council of Chief Justice’s Rules Harmonisation Committee is drafting model court rules which jurisdictions will be able to adopt to implement the Convention. The Working Group, in consultation with the Department of Foreign Affairs and Trade, has drafted guidelines to assist the States and Territories to handle foreign requests for service that may raise Australian sovereignty or security issues. The Working Group is currently consulting within jurisdictions on the content of the guidelines and is also considering whether additional domestic action is required to implement the Convention in Australia, pending agreement from the new government to proceed. |
|
·
Convention on the International
Protection of Adults, done at The Hague on 13 January 2000 |
The Hague Conference on Private International Law |
As above |
Consideration is currently being given
to whether Australia should accede to this Convention. |
|
MARITIME & LAW OF THE
SEA: Merchant Shipping |
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·
# Draft UNCITRAL Instrument on the
Carriage of Goods [Wholly or Partly] |
UNCITRAL |
Ms Susan Downing Office of International Law Attorney-General’s Department Telephone: 02 6250 6166 Facsimile: 02 6250 5931 Email: susan.downing@ag.gov.au
|
On 3 July 2008, the Commission adopted a final text of the convention on contracts for the international carriage of goods wholly or partly by sea. The convention will be transmitted to the United Nations General Assembly for adoption in late 2008. It is anticipated that the Convention will be open for signature in September 2009. Consideration will need to be given to whether Australia should sign this Convention. |
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TRADE & COMMERCE:
Electronic commerce |
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|
United Nations Convention on the Use of
Electronic Communications in International Contracts – New York, 23 November
2005 |
UNCITRAL |
Ms Helen Daniels Copyright Law Branch Attorney-General’s Department Telephone: 02 6250 6313 Facsimile: 02 6250 5929 Email: helen.daniels@ag.gov.au |
The Convention closed for signature on
16 January 2008. Australia did not
sign. There is a
requirement for domestic legislative action, including changes to State and
Territory legislation, before Australia can accede to the Convention. In July 2008, the Standing Committee of
Attorneys-General agreed that public consultation on the proposed amendments
to the uniform electronic transactions legislation should proceed. The Convention will also need to be tabled
in Parliament and considered by the Joint Standing Committee on Treaties
(JSCOT) prior to any decision to ratify.
|
|
HUMAN RIGHTS:
Discrimination |
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|
· Optional Protocol to Convention Against
Torture and other cruel Inhuman or Degrading Treatment or Punishment. |
United
Nations |
Ms Roxane Nolan Human
Rights Branch Attorney-General’s Department Telephone: 02 6250 6996 Facsimile: 02 6250 5924 Email: roxane.nolan
@ag.gov.au |
Accession
is under consideration. Implementing the obligations contained in the
Optional Protocol may involve changes to Commonwealth, State and Territory
legislation. Consultation with States
and Territories is underway to determine the extent to which existing
inspection mechanisms meet the requirements under the Optional Protocol or
whether additional mechanism need to be developed. This will feed into the preparation of the national interest
analysis. Upon accession Australia
has the option of postponing obligations under the Optional Protocol, with
respect to the establishment of a national preventive mechanism for three
years (Article 24). |
|
· Optional Protocol to the Convention on the Rights of Persons with
Disabilities (New York, 13 December 2006) (text is available online at http://www.un.org/disabilities/default.asp?id=311) |
United Nations |
Ms Rachel Antone Human Rights Branch Attorney-General’s Department Telephone: 02 6250 6594 Facsimile: 02 6250 5904 Email: rachel.antone@ag.gov.au Dr Leanne Merrett Disability Policy and Stakeholder
Engagement, Disability Policy and Coordination Branch Dept of Families, Housing,
Community Services and Indigenous Affairs Telephone: 02 6244 5766 Facsimile: 02 6244 7976 Email: leanne.merrett@facsia.gov.au |
Opened for signature along with the Convention in
New York on 30 March 2007. Entered into force on 3 May 2008. Australia is not party to the
Optional Protocol (but is now party to the Convention). The Australian Government is currently
undertaking a National Interest Analysis to consider whether
Australia should accede to the Optional Protocol. States and Territories are
being consulted through SCOT on whether Australia should
accede. Non-government stakeholders are also being
consulted. Updates on the progress of these processes will
continue to be issued via SCOT and SCAG. |
|
COMMUNICATIONS: Telecommunications: International
Telecommunication Union (ITU) |
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·
Amendment
of Article XII(c)(ii) of the Agreement relating to the International
Telecommunications Satellite Organization (ITSO) of 20 August 1971 (Paris, 23
March 2007) |
ITSO |
Dr Jason
Ashurst ITU and
Treaties Section, International
Branch Department of Broadband,
Communications and the Digital Economy Telephone: 02 6271 1928 Facsimile: 02 6271 1800 E-mail: Jason.Ashurst@dbcde.gov.au |
The thirty-first (extraordinary) meeting of the
ITSO Assembly of Parties adopted the amendment to the ITSO Agreement on 23
March 2007 in Paris. The Minister for Broadband Communications, and the Digital
Economy wrote to the Chairman of JSCOT on 7 July 2008 proposing that
Australia delay its approval for this treaty amendment (pursuant to Article
XV of the treaty) until this treaty amendment enters into force. The Chairman responded on 29 July 2008
indicating that he would raise the matter for the Committee’s consideration. |
|
·
World
Radiocommunication Conference |
ITU |
Mr Don Williams Spectrum and Emergency
Services Section Department of Broadband,
Communications and the Digital Economy Telephone: 02 6271 1549 Facsimile: 02 6271 1827 E-mail: don.williams@dbcde.gov.au |
Australia signed the Final Acts of the World
Radiocommunication Conference 2007 on 16 November 2007 at Geneva, Switzerland
Ratification by Australia commenced with the
publication by the ITU of the agreed Final Actsin July 2008. A National Interest Analysis (NIA) for WRC-07 outcomes
has been prepared (ATNIA 28) by the Department of Broadband, Communications
and Digital Economy in consultation with the Department of Foreign Affairs
and Trade and the Attorney-General’s Department. The NIA is scheduled to be Tabled in both Houses of Parliament
on 16 September 2008 with consideration by the Joint Standing Committee on Treaties
to follow. |
|
· Universal Postal Union: Eighth
Additional Protocol to the Constitution of 10 July 1964, as amended;
Convention, and Final Protocol; General Regulations and Postal Payment
Services Agreement done at Geneva, 12 August 2008 |
UPU |
Michael
McLean Postal
Policy Section Department of
Broadband, Communications and the Digital Economy Telephone: 02 6271 7114 Facsimile: 02 6271 1780 E-mail: Michael.McLean@dbcde.gov.au |
Australia participated in the 24th
Congress of the Universal Postal Union held in Geneva from 23 July to 12
August 2008 where the Eighth Additional Protocol and Final Acts were agreed
by member countries. The Final Acts
will come into force on 1 January 2010. Australia did not sign the Final Acts at Geneva and
consideration is being given to Australia becoming a party to by means of
accession as opposed to signing and ratification. Prior to the date the Final Acts come into force (1
January 2010) the domestic treaty process will be initiated upon receipt of
the final texts - draft National Interest Analysis and associated regulatory
impact analysis. |
|
INTERNATIONAL COOPERATION: Education |
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|
UNESCO Regional Convention on the Recognition of
Studies, Diplomas and Degrees in Higher Education in Asia and the Pacific The Regional
Convention entered into force in 1985.
It has 20 participating countries across the Asia and the Pacific,
including Australia: http://erc.unesco.org/cp/convention.asp?KO=13523&language=E
The Regional Convention
is currently under review. |
United Nations Educational, Scientific and Cultural
Organisation (UNESCO) Bangkok - Asia and Pacific Regional Bureau for
Education |
Ms Margaret Proctor Educational and Professional Recognition
Unit Department of Education, Employment and
Workplace Relations Telephone: (02) 6240 7872 E-mail: margaret.proctor@deewr.gov.au
|
In
accordance with UNESCO policy, the Regional Convention is being reviewed to
take account of developments in the education sector since its
inception. The objective of the
review is to achieve a revised convention more appropriate to the
Asia-Pacific region, which will reflect the challenges the region is facing
with regard to the recognition of higher education qualifications, quality
assurance of institutions and programs, and cross-border higher education. A
Working Group has been established to revise the Regional Convention,
coordinated by UNESCO Bangkok. Australia is represented on the
Working Group through the Department of Education, Employment and Workplace
Relations (Educational and Professional Recognition Unit). A meeting of the Working Group was held on
15-16 April 2008 in Bangkok, with Australia represented by Margaret Proctor,
Director, Educational and Professional Recognition Unit, Department
Education, Employment and Workplace Relations. The
Working Group’s objective is to have finalised text for the revised Regional
Convention by the time the Tenth Session of the Regional Committee Meeting
for the Regional Convention is held in Manila in 2009. |
|
LABOUR: International Labour Organisation (ILO) |
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|
·
Convention
175, Part-Time Work, 1994 |
ILO |
Mr David Yardley Acting Director ILO Section Department of Education, Employment and Workplace Relations Telephone: 02 6121 5672 Facsmile: 02 6276 7595 Email: david.yardley@deewr.gov.au |
Ratification is under consideration. |
|
·
Protocol of 2002 to Convention 155,
Occupational Health and Safety, 1981 |
ILO |
As above |
Ratification is under consideration. |
|
·
Convention
162, Asbestos , 1986 |
ILO |
As above |
Ratification is under consideration. |
|
·
Convention
186, Maritime Labour Convention, 2006 |
ILO |
As above |
New Convention adopted at the 95th Session of the International Labour Conference (ILC) in February 2006. The Convention and the submission report was tabled 16/8/2007. Ratification is under consideration. |
|
· Convention 187, Promotional Framework for Occupational Safety and Health Convention, 2006 |
ILO |
As above |
New Convention adopted at the 95th Session of the International Labour Conference (ILC) in June 2006. According to the ILO Constitution, the instrument must be “bought before the competent authority,” ie. tabled in the Federal Parliament, within 18 months of adoption by the ILC, together with a submission report outlining what action is anticipated in relation to it. Ratification is under consideration. The Convention was tabled in Parliament during the June 2008 sitting. |
|
· Convention 188, Work in Fishing Convention, 2007 |
ILO |
As above |
New Convention adopted at the 96th Session of the International Labour Conference (ILC) in June 2007. According to the ILO Constitution, the instrument must be “bought before the competent authority,” ie. tabled in the Federal Parliament, within 18 months of adoption by the ILC, together with a submission report outlining what action is anticipated in relation to it. The Government is considering its position on the possibility of ratification. |
|
ENVIRONMENT
& RESOURCES: Antarctica |
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|
·
Annex VI
to the Protocol on Environmental Protection to the Antarctic Treaty:
Liability Arising from Environmental Emergencies |
Antarctic
Treaty Secretariat |
Mr Jonathon
Barrington Policy
Coordination Branch Australian
Antarctic Division Dept of the Environment, Water,
Heritage and the Arts Kingston,
Tasmania Telephone: 03
6232 3286 Facsimile: 03
6232 3500 Email: jonathon.barrington@aad.gov.au Ms Emily Luck International Organisations and Legal Division Dept of Foreign Affairs and Trade Telephone: 02 6261 1246 Facsimile: 02 6261 2144 Email: emily.luck@dfat.gov.au
|
Annex adopted at the Antarctic Treaty Consultative
Meeting in Stockholm in June 2005. The
Government is examining the legal issues associated with implementation for
Australia and has consulted with affected businesses about potential impacts.
Consultation
through the Antarctic Treaty Consultative Forum. |
|
ENVIRONMENT & RESOURCES: Biodiversity |
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|
·
1995 Amendment to the Basel
Convention on Transboundary Movements of Hazardous Wastes and their Disposal |
UN |
Mr Damien Hall Hazardous Waste Section Environment Quality Division Department of the Environment, Water, Heritage and the Arts Telephone: 02 6274 1411 Facsimile: 02 6274 1164 Email: damien.hall@environment.gov.au |
Accession by Australia is under consideration. Consultation with the States and
Territories through the Hazardous Waste Act Policy Reference Group. |
|
·
1999 Protocol on Liability and
Compensation for Damage Resulting from Transboundary Movements of Hazardous
Wastes and their Disposal (Basel Convention Protocol) |
UN |
As above |
Accession by Australia is under consideration. Consultation
with the States and Territories through the Hazardous Waste Act Policy
Reference Group. |
|
·
Withdrawal
of Australia’s exemption for the use of mirex under article 4 of the
Stockholm Convention on Persistent Organic Pollutants, done at Stockholm on
22 May 2001 – [2004] ATS 23 |
UN |
Mr Lee Eeles Chemical Policy Section Environment Quality Division Department of the Environment, Water, Heritage and
the Arts Telephone: 02 6274 1427 Facsimile: 02 6274 1164 Email: lee.eeles@environment.gov.au |
Australia ratified the Stockholm Convention on Persistent Organic
Pollutants (POPs) on 20 May 2004. The chemical mirex is one of 12 POPs
currently listed for action, under Annex A for elimination. Upon ratification,
Australia registered an entry to the Register of Specific Exemptions for the
continued use of mirex. Australia’s exemption will expire on 17 May 2009
unless an extension is requested and granted or the exemption withdrawn.
Australia has successfully eliminated the use of mirex and proposes to submit
its notification of withdrawal to the Stockholm Secretariat as soon as
practicable. The proposed withdrawal was tabled in Parliament on 12 March 2008
along with a National Interest Analysis [2008] ATNIA 5 for consideration by
JSCOT; JSCOT Report 90. Consultation with Commonwealth
agencies, State and Territory Governments and the Stockholm Reference Group
during the development of the Australian National Implementation Plan of the
Stockholm Convention on POPs outlined action to be taken to withdraw
Australia’s exemption. Additional consultation was undertaken by the Northern
Territory and Commonwealth Government with industry groups and registrants of
mirex in lead up to the elimination of mirex from Australian use. |
|
INTERNATIONAL
COOPERATION: Cultural Cooperation |
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|
·
Convention on Stolen or Illegally
Exported Cultural Objects, 1995 |
Unidroit |
Ms Caroline Greenway Collections Branch Department of the Environment, Water, Heritage and the Arts Telephone: 02 6275 9461 Facsimile: 02 6274 2731 Email: caroline.greenway@environment.gov.au |
Under consideration: Existing Australian legislation would have
to be amended to implement the provisions of the Convention. |
|
·
UNESCO Convention on Protection of
Underwater Cultural Heritage, done at Paris on 2 November 2001 |
UNESCO |
Dr Leah McKenzie Maritime Heritage Section Heritage Division Department of the Environment, Water, Heritage and the Arts Telephone: 02 6274 2103 Fax: 02 6274 2092 Email: leah.mckenzie@environment.gov.au |
Accession by Australia is under consideration. Item at Environment Protection and Heritage Standing Committee (EPH SC) September 2008 requesting States and Territories determine the adequacy of their legislation to give effect to the 2001 Convention and to work with the Commonwealth in developing a communication strategy to explain the implications to stakeholders of Australia ratifying the Convention. |
|
·
UNESCO Convention on the
Protection and Promotion of the Diversity of Cultural Expressions |
UNESCO |
Mr Stephen Richards Film
Incentives and International Section Department of the Environment, Water, Heritage
and the Arts (DEWHA) Telephone:
02 6275 9645 Facsimile:
02 6275 9659 Email:
stephen.richards@environment.gov.au |
Accession by Australia is under
consideration. UNESCO
adopted the Convention on 20 October 2005 - Australia abstained from voting
due to concerns about possible conflicts with existing domestic legislation
and policy or other international treaty obligations. The Convention entered
into force on 18 March 2007 following its ratification by 30
states. In late
2007 the Government committed to accede to the Convention. Consultation with
relevant Government agencies has been undertaken through a DEWHA-convened
inter-departmental committee. The committee did not identify any
inconsistencies between the text of the Convention and existing domestic
policy, legislative or international treaty obligations that would delay
accession to the Convention. The
Minister for the Environment, Heritage and the Arts has received agreement
from relevant ministers to proceed with ratification. DEWHA is currently
drafting the National Interest Analysis (NIA). Following broader consultation
with stakeholders (including State/Territory governments), the Convention and
NIA are expected to be tabled for consideration by JSCOT in late 2008. |
|
MARITIME
& LAW OF THE SEA: Fishing: Whaling |
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|
·
International Convention on the
Regulation of Whaling 1946 |
International Whaling Commission (IWC) |
Mr Andrew McNee Marine Environment Branch Dept
of the Environment, Water, Heritage and the Arts Telephone:
02 6274 1897 Facsimile: 02 6274 1542 Email: Andrew.McNee@environment.gov.au
Dr David Dutton Environment Branch Dept Foreign Affairs and Trade Tel: 02 6261 3045 Fax: 02 6261 1325 Email: david.dutton@dfat.gov.au |
The 59th meeting of the IWC was
held Alaska, USA from The 60th meeting of
the IWC was held in Chile from 1 to 27 June 2008. A small working group on the
future of the IWC will convene 14-18 September 2008 in Florida USA. An intercessional meeting of
the IWC will be scheduled for Feb/March 2009. Consultation with
States/Territories as appropriate. |
|
CRIMINAL
MATTERS: Mutual Assistance in
Criminal Matters
|
|||
|
· Regional
Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) |
Government of Singapore |
Mr John Feakes Strategic Affairs
Branch Dept
of Foreign Affairs and Trade Telephone:
02 6261 2043 Facsimile: 02 6261 1110 Email: john.feakes@dfat.gov.au,
|
This agreement
entered into force on 4 September 2006 and is open for accession by other
states from that date. The agreement
covers acts of piracy (violence or detention on the high seas) and armed
robbery (violence or detention in territorial waters). It has established an information sharing
centre in Singapore to collate information about piracy and armed robbery against
ships, and distribute it to relevant maritime agencies of contracting
parties. Accession by Australia for consideration by
Government. |
|
CRIMINAL MATTERS: Terrorism |
|||
|
·
Optional Protocol to the Convention
on the Safety of UN and Associated Personnel |
United Nations (UN) |
Ms Sue Robertson International Legal Branch Dept of Foreign Affairs and Trade Telephone: 02 6261 9619 Facsimile: 02 6112 9619 Email: sue.robertson@dfat.gov.au |
Signed for Australia,
subject to ratification, on 19 September 2006. Government is preparing National Interest Analysis. |
|
DEFENCE & SECURITY: Weapons |
|||
|
· Arms Trade
Treaty |
UN |
Mr Ted Knez Arms Control Branch Dept of Foreign Affairs and Trade Telephone: (02) 6261 2397 Facsimile: (02) 6261 2151 Email: ted.knez@dfat.gov.au |
The Group of Government Experts (GGE), of which Australia was a
member, has completed its work in New York.
The GGE will report to UNGA 63. |
|
· An instrument
to ban certain types of cluster munitions (under the 1980 Convention on
Prohibition or Restrictions on the Use of Certain Conventional Weapons which
may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects
(CCW)) |
UN |
Dr Ada Cheung Arms Control Branch Dept of Foreign Affairs and Trade Telephone: (02) 6261 2925 Facsimile: (02) 6112 2925 Email: ada.cheung@dfat.gov.au |
Negotiations commenced in Geneva in January 2008. |
|
·
Oslo Convention on Cluster Munitions |
Government of Norway |
Dr Ada
Cheung Arms
Control Branch Dept
of Foreign Affairs and Trade Telephone:
(02) 6261 2925 Facsimile:
(02) 6112 2925 Email:
ada.cheung@dfat.gov.au |
The Government is considering the text of the proposed Convention. Mr Smith told the House of Representatives on 29 May that he was very confident Australia would be in a position to sign the treaty before the end of the year. A signing ceremony will be held in Oslo on 3 December The proposed treaty will have little effect on States and Territories. |
|
·
Fissile Material Cut-Off Treaty |
UN |
Mr Tim
Kane Arms
Control Branch Dept
of Foreign Affairs and Trade Telephone:
02 6261 9617 Facsimile:
02 6261 2151 Email:
tim.kane@dfat.gov.au |
Negotiations have
not yet commenced. |
|
INTERNATIONAL ORGANISATIONS & AGENCIES |
|||
|
·
Agreement on the Privileges and
Immunities of the International Criminal Court (ICC) |
UN |
Mr Justin Whyatt International Legal Branch Dept of Foreign Affairs and Trade Telephone: 02 6261 2886 Facsimile: 02 6161 2140 Email: justin.whyatt@dfat.gov.au |
Accession by Australia is under
consideration. The text of the Agreement can be found
at: http://www.un.org/law/icc/asp/1stsession/report/english/part_ii_e_e.pdf |
|
INTERNATIONAL TRADE |
|||
|
· # ASEAN-Australia-New Zealand Free Trade Agreement
(AANZFTA) |
Association
of |
Mr Sunny Idehen Asia Trade Task Force Dept of Foreign Affairs and Trade Telephone: 02 6261 3376 Facsimile: 02 6112 3376 Email: sunny.idehen@dfat.gov.au |
On 30 November 2004, Leaders from Australia, ASEAN and New Zealand agreed that negotiations on a free trade agreement should begin in early 2005. Negotiations were concluded at the ASEAN Economic Ministers – CER consultations held in Singapore on 28 August 2008. Legal verification of the Agreement has commenced and the expectation is that the Agreement will be signed in December 2008. Regular briefings/consultations were held with industry and State and Territory Governments during the negotiation. |
|
· ANZ-Pacific Forum Island
Country (FIC) free trade agreement Pre-negotiation
|
Pacific Island
Forum Secretariat |
Mr
Peter Budd Pacific
Regional Section Dept
of Foreign Affairs and Trade Telephone:
02 6261 2224 Facsimile:
02 6261 2661 Email:
peter.budd@dfat.gov.au |
The
Pacific Agreement on Closer Economic Relations (PACER) concluded between
Australia, New Zealand and Pacific Forum Island Countries on 18 August 2001
provides for the initiation of ANZ-Pacific Forum Island Country (FIC) negotiations
on a regional free trade agreement (“PACER Plus”) if FICs commence free trade
negotiations with other developed countries.
FIC/EU negotiation of a new Economic Partnership Agreement (EPA) is
well underway, with offers tabled and conclusion intended for end-2007. On 1 August 2007
Forum Trade Ministers agreed that ANZ-FIC officials meet in early 2008 to
discuss a roadmap for PACER Plus negotiations which are expected to begin in
late 2008. |
|
· Anti-Counterfeiting Trade Agreement (ACTA) |
ACTA
Secretariat- |
Ms Caroline McCarthy International Intellectual Property Dept of Foreign Affairs and Trade Telephone:02 6261 2039 Facsimile: 02 6112 2039 Email: caroline.mccarthy@dfat.gov.au |
The Anti-Counterfeiting Trade Agreement (ACTA) was proposed by Japan, Switzerland, the EC and the USA in mide-2007, and announced publicly on 23 October 2007. Australia attended the first two informal, pre-negotiation technical discussions held during October and December 2007. The ACTA will seek to establish a new international standard of intellectual property rights enforcement, especially in the areas if copyright and trademark. More informal rounds are scheduled for early 2008, and negotiations are expected to begin in the first half of 2008. The treaty is at a very early stage, yet Jpan (a key proponent) ambitiously wants significant progress by the July 2008 Group of 8 (G8) meeting. Australia will continue to attend informal discussions, and may participate in formal negotiations when they begin. There is currently no action required by state and territory governments but they will be kept informed of developments. |
|
INTERNATIONAL TRADE : Wine |
|||
|
·
Agreement on Requirements for Wine
Labelling (Canberra, 23 January 2006) |
World Wine Trade Group (WWTG) |
Ms Caroline McCarthy Office of Trade Negotiations Dept of Foreign Affairs and Trade Telephone: 02 6261 9451 Facsimile: 02 6112 9451 Email: caroline.mccarthy@dfat.gov.au
Mr Michael Ryan Horticulture and Wine Department of Agriculture, Fisheries and Forestry Telephone: 02 6272 4425 Facsimile: 02 6272 5672 Email: michael.ryan@daff.gov.au |
Draft text was agreed at the July 2006 negotiating session and initialled in September 2006. The Agreement was then signed by Australia, Argentina, Canada, Chile, New Zealand and the USA in Canberra on 23 January 2007. Ratification of the Agreement is pending, requiring amendment to State and Territory Uniform Trade Measurement Legislation and completion of relevant JSCOT processes including preparing a National Interest Analysis prior to tabling in Federal Parliament. |
|
INTERNATIONAL TRADE : World Trade Organization (WTO) |
|||
|
·
Doha Round – single undertaking |
WTO |
|
Negotiations
are ongoing – see below.
|
|
· General Agreement on Trade in Services (GATS) - progressive liberalisation and market access |
WTO |
Mr Edward
Sulikowski Services and
Intellectual Property Dept of Foreign
Affairs and Trade Telephone: 02 6261 2048 Facsimile: 02 6261 2927 Email: edward.sulikowski@dfat.gov.au |
Negotiations
are ongoing. Website: www.dfat.gov.au/trade/negotiations/services/index.html |
|
o
Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS) |
WTO |
Ms Caroline McCarthy International Intellectual Property Dept of Foreign Affairs and Trade Telephone:02 6261 2039 Facsimile: 02 6112 2039 Email: caroline.mccarthy@dfat.gov.au |
Negotiations
are ongoing. Website:
www.dfat.gov.au/ip/#2 |
|
o
Agreement on Agriculture |
WTO |
Ms Jean Dunn Agriculture and Food Branch Dept of Foreign Affairs and Trade Telephone: 02 6261 2688 Facsimile: 02 6261 1858 Email:
jean.dunn@dfat.gov.au |
Negotiations are ongoing. Consultations through the National Trade Council and SCOT. |
|
o
Market Access for non-Agriculture
(Industrials) Products: |
WTO |
Ms Lorraine Fietz Trade Policy Issues and Industrials Dept of Foreign Affairs and Trade Telephone: 02 6261 2062 Facsimile: 02 6261 2927 Email: lorraine.fietz@dfat.gov.au |
Negotiations are ongoing. Consultations through industry organisations and the National Trade Council and SCOT. |
|
o
Trade Facilitation |
WTO |
Ms Lorraine Fietz Trade Policy Issues and Industrials Dept of Foreign Affairs and Trade Telephone: 02 6261 2062 Facsimile: 02 6261 2927 Email: lorraine.fietz@dfat.gov.au |
Negotiations launched in July
2004 as part of the Doha Round.
Negotiations are ongoing. |
|
·
Annex to the WTO Agreement on Rules
of Origin, 1994 |
WTO |
Ms Ana Centilmen Trade Commitments
Branch Dept of Foreign
Affairs and Trade Telephone: 02 6261
3678 Facsimile: 02 6112
3678 Email: ana.centilmen@dfat.gov.au Mr Wayne Baldwin Australian Customs Service Telephone: 02 6275 5821 Facsimile: 02 6275 6477 Email: Wayne.Baldwin@Customs.gov.au |
Work in the World Customs Organization (WCO) and WTO has been ongoing since 1995. No current developments. |
|
·
Subsidies and Countervailing
Measures Agreement, Anti-Dumping Agreement (Article VI of the General
Agreement on Tariffs and Trade, 1994): |
WTO |
Ms Elizabeth Young WTO Trade Law Branch Dept of Foreign Affairs and Trade Telephone: 02 6261 3689 Facsimile: 02 6273 1527 Email: elizabeth.young@dfat.gov.au |
Negotiations are ongoing. Consultations through the National Trade Council, the Trade Advisory Council and SCOT. |
|
·
General Agreement on Tariffs &
Trade, 1994 |
WTO |
Ms Lorraine Fietz Trade Policy Issues and Industrials Dept of Foreign Affairs and Trade Telephone: 02 6261 2062 Facsimile: 02 6261 2927 Email: lorraine.fietz@dfat.gov.au |
Negotiations are ongoing. |
|
WAR
& PEACE: Rules of War |
|||
|
·
# Additional Protocol III to the
Geneva Conventions of 1949 |
Government of Switzerland |
Mr Ben Milton International Legal Branch Dept of Foreign Affairs and Trade Telephone: 02 6261 2069 Facsimile: 02 6261 2144 Email: ben.milton@dfat.gov.au Office of International Law Telephone: 02 6250 6450 Email: geoff.skillen@ag.gov.au |
Signed
for Australia, subject to ratification, on 8 March 2006. Tabled
in Parliament with National Interest Analysis [2007] ATNIA 7 on 9 May 2007 for consideration of ratification
by Australia; JSCOT Report 86. This
Protocol creates an additional emblem (the red crystal) to that of the red
cross and red crescent for use by those national societies which do not wish
to use the current emblems to identify themselves. An
inter-departmental consultation process is in place and States and
Territories are being consulted through the treaties schedule. |
|
HEALTH & SOCIAL SERVICES:
Health |
||||
|
· The development of a protocol on illicit trade in tobacco products under Article 15 of the World Health Organization (WHO) Framework Convention on Tobacco Control This protocol is still under negotiation. |
World Health
Organisation (WHO) |
Ms Penny Marshall Tobacco and Drug Prevention
Section Drug Strategy Branch Population Health Division Department of Health and
Ageing Phone: (02) 6289 7688 Fax: (02) 6289 7837 Email: penny.marshall@health.gov.au Mr Peter Scott International Legal Branch Department of Foreign
Affairs and Trade Phone: (02) 6261 2922 Fax: (02) 6261 2922 Email: peter.scott@dfat.gov.au |
On 11-15 February 2008, Australia participated in the first session of the Intergovernmental Negotiating Body on a Protocol on Illicit Trade in Tobacco Products, negotiated under the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC). The development of
a protocol on illicit trade in tobacco products crosses several Australian
Government portfolios and consequently requires a whole-of-government
approach. As lead agency for the
FCTC, the Department of Health and Ageing (DOHA) has formed an
Interdepartmental Committee (IDC) which includes representatives from the
Department of Foreign Affairs and Trade (DFAT), the Department of Innovation,
Industry, Science and Research, the Attorney-General’s Department (AGD), the Treasury, the Australian
Customs Service, the Department of the Prime Minister and Cabinet, the
Australian Taxation Office (ATO) and the Australian Federal Police. All relevant agencies will contribute to
briefings for the meeting of the INB.
The Australian Delegation which participated in the first INB consisted of representatives from, AGD, ATO, Customs and DOHA. The second session of the INB will be held in Geneva from 20-25 October 2008. |
|
|
INTERNATIONAL LAW: Maintenance
Obligations |
|||
|
Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance, concluded at the Hague on 23 November 2007 |
Hague Conference on Private International Law |
Mr Ken Pogson Legal Counsel, Child Support Department of Human Services Telephone: 02 6223 4148 Facsimile: 02 6223 4199 Email: ken.pogson@humanservices.gov.au |
The Convention was concluded at the 21st
Session of the Hague Conference on Private International Law, held from 5 -
23 November 2007. Signature and ratification is currently
under consideration. Ratification by
Australia is subject to standard treaty action processes, including
legislative review, National Interest Analysis (NIA), tabling in both Houses
of Parliament, JSCOT and government response. Information is available at http://www.hcch.net |
|
MARITIME & LAW OF THE SEA: Fishing |
|||
|
· International
Convention on Standards of Training, Certification and Watchkeeping for
Fishing Vessel Personnel (London, 7 July 1995) |
International
Maritime Organization (IMO) |
Ms Poh Aye Tan Maritime Safety and Environment Section Maritime Branch Maritime and Land Transport Division Dept of Infrastructure, Transport, Regional Development and Local Government Telephone: 02 6274 7428 Facsimile:
02 6274 7884 Email: pohaye.tan@infrastructure.gov.au |
Accession
by Australia is under consideration. |
|
· 1993
Protocol to the Torremolinos International Convention for the Safety of
Fishing Vessels, 1977 |
IMO |
As above |
Accession
by Australia is under consideration. |
|
MARITIME & LAW OF THE SEA: Marine Pollution |
|||
|
·
International Convention on Civil Liability for
Bunker Oil Pollution Damage (London, 23 March 2001) |
IMO |
As above |
Signed for Australia, subject to ratification, on 23 September 2002. Tabled with national interest analysis [2006] ATNIA 9 on 28 March 2006; JSCOT Report 75. Will enter into force generally on 21 November 2008. Legislation was passed in Parliament this year and received Royal Assent on 12 July 2008. Preparation of instrument of ratification is being progressed |
|
· 2003
Protocol to the 1992 International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage |
IMO |
As above |
Protocol adopted in May 2003 and entered into force generally on 3 March 2005. Tabled with national interest analysis [2006] ATNIA 9 on 28 March 2006; JSCOT Report 75. Legislation was passed in Parliament this year. Currently awaiting Royal Assent. Preparation of the Instrument of Ratification will be progressed following Royal Assent. |
|
· International
Convention on Liability and Compensation for Damage in Connection with the
Carriage of Hazardous and Noxious Substances by Sea |
IMO |
As above |
Recognising that the HNS Convention in its current form is unlikely to enter into force, the October 2007 meeting of the International Oil Pollution Compensation Funds established a "HNS Focus Group" with the aim of facilitating the rapid entry into force of the HNS Convention. A draft HNS Protocol has been developed for consideration by the IMO’s Legal Committee in October 2008. An informal Correspondence Group is currently considering an outstanding issue related to contributions to the LNG Account. It is expected that an agreed proposal will be submitted to the IMO's Legal Committee for consideration in October 2008. Consultation is continuing with the states , Northern Territory and industry. |
|
·
International Convention for the
Safe and Environmentally Sound Recycling of Ships |
IMO |
As above |
Draft Convention currently being developed by the Marine Environment Protection Committee. Australia is providing input. The Convention is expected to be adopted at a diplomatic conference in 2009. |
|
MARITIME & LAW OF THE SEA: Merchant Shipping |
|||
|
· 2002 Protocol to Amend the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 (London, 1 November 2002) |
IMO |
As above |
Protocol adopted in October 2002. Accession by Australia is under
consideration. |
|
·
Nairobi International Convention on the Removal
of Wrecks (18 May 2007) |
IMO |
As above |
Convention adopted on 18 May 2007 and
will enter into force generally when 10 States have ratified or acceded to it. Accession by Australia is under
consideration. |
|
· Draft Code of the International
Standards and Recommended Practices for a Safety Investigation into a Marine
Casualty or Marine Incident |
IMO |
Mr Patrick
Hornby Australian
Transport Safety Bureau Dept of
Transport and Regional Services Telephone:
(02) 6274 8136 Facsimile:
(02) 6274 6699 E-mail: Patrick.Hornby@atsb.gov.au |
The IMO’s
Flag State Implementation sub-committee developed the draft Casualty
Investigation Code. The Casualty
Investigation Code was adopted by the Maritime Safety Committee on 16 May
2008. It is expected to come into effect through amendments to the
International Convention on Safety of Life at Sea on 1 January 2010, if, as
it is expected to do so, it passes the date of acceptance on 1 July 2009. . The Casualty
Investigation Code would have effect for investigations by the Australian
Transport Safety Bureau under the Transport Safety Investigation Act
2003. Minor amendments will be
required to the Transport Safety Investigation Regulations 2003 |
|
TRANSPORT:
Civil Aviation |
|
|
|
|
· Convention
for the Unification of Certain Rules for International Carriage by Air and
Related Aviation Insurance Matters (the Montreal Convention) |
International
Civil Aviation Organization (ICAO) |
Ms Rachael Davis International Aviation Industry Policy Section Aviation Industry Policy Branch Aviation and Airports Division Dept of Infrastructure, Transport, Regional Development and Local Government Telephone: 02 6274 7746 Facsimile: 02 6274 6749 Email: rachael.davis@infrastructure.gov.au |
National interest analysis [2004] ATNIA
21 and regulation impact statement tabled on 4 August 2004 and re-tabled on 7
December following general elections.
Joint Standing Committee on Treaties report no. 65. The Treaty will be
implemented by the Civil Aviation Legislation Amendment (1999 Montreal
Convention and Other Measures) Act 2008.
The operative provisions of the Act will commence following the
finalisation of the formal accession process. It is expected that this process will be completed by the end
of 2008. |
|
·
Pacific Islands Civil
Aviation Safety and Security Treaty (PICASST) (11 June 2005) |
Pacific Islands Forum Secretariat |
Ms Louise Brooks International – ICAO Aviation Safety Branch Aviation and Airports Dept of Infrastructure, Transport, Regional
Development and Local Government Telephone: 02 6274 6606 Facsimile: 02
6274 7804 Email: louise.brooks@infrastructure.gov.au |
Policy approval was given some time ago
to negotiate amendments to the PICASST to enable Australia to accede. Negotiations were partially successful
with some of our requested amendments entering into force on 20 July 2006.
However further amendments are required to two articles (4 and 8). A proposal
for these amendments was put forward to Parties by Australia on 12 August
2008. These are under consideration. |
|
· Amendments
to the Convention on the International Mobile Satellite Organization (IMSO) |
IMO |
Mr Colin Barr Emergency Response Division Australian Maritime Safety Authority Telephone: 02 6279 5741 Facsimile: 02 62795757 Email:
colin.barr@amsa.gov.au
|
Amendments to the IMSO
Convention were adopted on 29 September 2006 by the IMSO Assembly at its
Eighteenth Session. The 2006
amendments have been provisionally applied, in accordance with the decision
of the Nineteenth (Extraordinary) Session of the IMSO Assembly, with effect
from 7 March 2007. The changes
provisionally applied to the IMSO Convention allow for IMSO to oversee mobile
satellite providers additional to Inmarsat and allow IMSO to assume the
functions of Coordinator for Long Range Identification and Tracking of Ships
(LRIT). The USA has reservations
about the adequacy of the changes with respect to LRIT and has proposed
further changes to the Convention which would change some of the amendments
provisionally applied. AMSA/Australia
intends to wait for the outcome of the Twentieth Session of the IMSO Assembly
scheduled for 29 September to 3 October 2008 when this matter will be
addressed and a way forward determined.
The IMSO Convention may be further amended or the matter dealt with by
an IMSO Assembly Resolution. |
|
INTERNATIONAL COOPERATION : Scientific
& Technical Cooperation : Nuclear
|
|||
|
·
Fourth
Agreement to Extend the 1987 Regional Co-operative Agreement for Research,
Development and Training Related to Nuclear Science and Technology (RCA). |
International Atomic Energy Agency (IAEA) |
Mr Steven McIntosh Australian Nuclear
Science and Technology Organisation (ANSTO) Telephone: (02) 9717 3699 Email: steven.mcintosh@ansto.gov.au |
Tabled with National Interest Analysis [2008] ATNIA 11 on 12 March 2008; JSCOT Report 91 of 26 June 2008. The Fourth Agreement to Extend the 1987 Agreement will enter into force for Australia on the date Australia’s acceptance is deposited with IAEA. Awaiting exchange of letters between relevant Ministers prior to submission to Executive Council. |
|
INTELLECTUAL & INDUSTRIAL PROPERTY: World Intellectual Property
Organization (WIPO) |
|||
|
·
Singapore
Treaty on the Law of Trademarks (Singapore, 27 March 2006) |
WIPO |
Mr Ian Goss Business
Development & Strategy IP Australia Telephone: 02 6283 2950 Facsimile: 02 6285 4149 Email: ian.goss@ipaustralia.gov.au |
Signed for Australia, subject to ratification, on
26 March 2007. Prior to adoption in March 2006, this treaty was
known as the WIPO Revised Trademark Law Treaty. Tabled with National Interest Analysis
[2008] ATNIA 1 on 12 March 2008; JSCOT Report 90 of 15 May 2008. Consultation
documents are available at: http://www.ipaustralia.gov.au/resources/news_new.shtml#36 Text and other information: http://www.wipo.int/treaties/en/ip/singapore/ |
|
·
WIPO Patent Law Treaty |
WIPO |
As above |
Tabled with National Interest Analysis [2008] ATNIA 2 on 12 March; JSCOT Report 90 of 15 May 2008. Consultation documents are
available at: http://www.ipaustralia.gov.au/resources/news_new.shtml#36 Text and other information: http://www.wipo.int/treaties/en/ip/plt/ |
|
· Amendments to the Convention
Establishing the World Intellectual Property Organization (the WIPO
Convention), adopted 1 October 2003 |
WIPO |
Mr Ian Goss Business
Development & Strategy IP Australia Telephone: 02 6283 2950 Facsimile: 02 6285 4149 Email: ian.goss@ipaustralia.gov.au Ms Helen Daniels Copyright
Law Branch Attorney-General’s
Department Telephone:
02 6250 6313 Facsimile:
02 6250 5929 Email: helen.daniels@ag.gov.au |
Amendments to this treaty were adopted by the Assemblies of WIPO Member States on 1 October 2003, concerning meetings and centralisation of financial contributions of member countries. The amendments will enter into force one month after written notifications of acceptance have been received by the WIPO Director General from three-fourths of the Member States of WIPO in accordance with the relevant provisions of the WIPO-administered treaties. Tabled with National Interest Analysis [2008] ATNIA 3 on 12 March 2008; JSCOT Report 90 of 15 May 2008. Consultation documents are available at: http://www.ipaustralia.gov.au/resources/news_new.shtml#36 WIPO: http://www.wipo.int/edocs/mdocs/govbody/en/a_42/a_42_4.doc |
|
· 2003 Amendments to the Paris
Convention for the Protection of Industrial Property (the Paris
Convention) [2007]
ATNIF 21 |
WIPO |
As above |
As above, relating to the WIPO Convention. Tabled with National Interest Analysis [2008] ATNIA 3 on 12 March 2008; JSCOT Report 90 of 15 May 2008. |
|
· 2003 Amendments to the Nice
Agreement Concerning the International Classification of Goods and Services
for the Purposes of Registration of Marks (the Nice Agreement) [2007] ATNIF 21 |
WIPO |
As above |
As above. |
|
· 2003 Amendments to the Patent
Cooperation Treaty (PCT) |
WIPO |
As above |
As above. |
|
· 2003 Amendments to the
Strasbourg Agreement concerning the International Patent Classification (the
Strasbourg Agreement) [2007] ATNIF 21 |
WIPO |
As above |
As above. |
|
· 2003 Amendments to the Budapest
Treaty on the International Recognition of the Deposit of Micro-organisms for
the Purposes of Patent Procedure (the Budapest Treaty) [2007] ATNIF 21 |
WIPO |
As above |
As above. |
|
· 2003 Amendments to the Berne
Convention for the Protection of Literary and Artistic Works, 1971 (the Berne
Convention) [2007]
ATNIF 21 |
WIPO |
As above |
As above. |
|
BUSINESS
& FINANCE: Foreign Investment |
|||
|
· Convention on
the law applicable to certain rights in respect of securities held with an
intermediary, concluded at The Hague on 13 December 2002 |
Government of the Netherlands |
Ms Marian Kljakovic Corporations and Financial Services Division The Department of the Treasury Telephone: 02 6263 2804 Facsimile: 02 6263 2822 Email: mkljakovic@treasury.gov.au |
Consultations with interested parties are
being undertaken with a view to determining whether Australia should sign and
ratify this Convention. Consultation with the States/Territories
would occur through the Ministerial Council for Corporations. |