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Footnotes
Chapter 1 Introduction
[1]
Australia, House of Representatives 2004-05-06, Votes and Proceedings,
No. 60, p. 659; Australia, Senate 2004-06, Journal, No. 51, p. 1228.
[2]
Australia, House of Representatives 2004-05-06, Votes and Proceedings,
No. 87, p. 979; Australia, Senate 2004-06, Journal, No. 73, p. 1902.
[3]
Australia, House of Representatives 2004-05-06, Votes and Proceedings,
No. 91, p. 1026; Australia, Senate 2004-06, Journal, No. 77, p. 1993.
[4]
The review of the remaining treaty tabled on 11 October 2005 is included in the Committee’s Report 69.
[5]
The remaining treaties tabled in February 2006 are included in the
Committee’s Report 73.
[6]
The Agreement for Establishment of the Global Crop Diversity Trust
was also tabled on 28 March 2006 and included in the Committee’s
Report 74. The Committee has deferred consideration of the Agreement
between the Government of Australia and the Government of the Republic of
Indonesia for Cooperation in Scientific Research and Technological Development and
the Exchange of Letters constituting an Agreement between the Government of
Australia and the Government of New Zealand to Amend Article 3 of the Australia
New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) pending
further information.
[7]
The Committee’s review of the proposed treaty actions was advertised in The
Australian on 19 October and 2 November 2005, 22 February, 8 March, 5 and 19 April 2006. Members of the public were advised on how to obtain relevant
information and invited to submit their views to the Committee, both in the
advertisement and via the Committee’s website.
Chapter 2 Convention on the Marking of Plastic Explosives for the Purpose of Detection - Detecting marked and unmarked plastic explosives
[1]
National Interest Analysis (NIA), paras 1-3.
[2]
Mr Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 8.
[3]
NIA, para. 5.
[4]
Mr Geoffrey McDonald, Transcripts of Evidence, 7 November 2005, p. 7 and 27 February 2006 p. 31.
[5]
NIA, para. 5; Mr Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 7.
[6]
NIA, para. 4.
[7]
NIA, para. 4; Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 8.
[8]
Mr Geoffrey McDonald, Transcript of Evidence, 27 February 2006, p. 31.
[9]
NIA, para. 14.
[10]
ICAO recommends 2,3-dimethyl-2,3-dinitrobutane (DMNB) as the most effective
odorant for marking plastic explosives. NIA, para. 14; Mr Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 8.
[11]
A recent amendment to Part 2 of the Technical annex, effective from 19 December 2005, increases the minimum concentration of DMNB from 0.1% to 1.0%. The other
amendment, which came into effect on 27 March 2002, deleted ortho-Mononitrotoluene from the list of detection agents in the Table of the Technical Annex of
the Convention. NIA, para. 15; Mr Geoffrey McDonald, Transcript of Evidence,
7 November 2005, p. 8.
[12]
Obligations under the Convention apply to explosives formulated with one or
more high explosives, which in their pure form have a vapour pressure less than
10-4 Pa at a temperature of 25oC, are formulated with a
binder material, and are, as a mixture malleable or flexible at room
temperature. NIA, para. 8.
[13]
NIA, para. 13.
[14]
NIA, para. 16.
[15]
From the date of the Convention’s entry into force for Australia. NIA, para. 17.
[16]
From the date of the Convention’s entry into force for Australia. NIA, para. 18.
[17]
NIA, paras 17-18.
[18]
NIA, para. 19.
[19]
NIA, para. 12.
[20]
NIA, para. 9.
[21]
Explosives produced within 3 years after the Convention’s entry into force
are deemed to be duly authorised military devices. NIA, para. 10.
[22]
NIA, para. 10.
[23]
Members shall be experts having direct and substantial experience in
matters relating to the manufacture or detection of, or research in explosives.
NIA, para. 21.
[24]
NIA, para. 23.
[25]
NIA, para. 24.
[26]
NIA, para. 25.
[27]
Ms Roxanne Kelley, Transcript of Evidence, 27 February 2006, p. 33.
[28]
This machine may detect DMNB, o-MNT and p-MNT, the prescribed markers
included in the Technical annex to the Convention. Attorney-General’s
Department, Submission 10.1, p. 1.
[29]
Ms Roxanne Kelley, Transcript of Evidence, 27 February 2006, p. 33.
[30]
Ms Roxanne Kelley, Transcript of Evidence, 27 February 2006, p. 33.
[31]
Ms Roxanne Kelley, Transcript of Evidence, 27 February 2006, pp. 33-34.
[32]
Ms Roxanne Kelley, Transcript of Evidence, 27 February 2006, p. 37.
[33]
The United States of America’s Federal Bureau of Investigation.
[34]
Ms Roxanne Kelley, Transcript of Evidence, 27 February 2006, p. 34.
[35]
Attorney-General’s Department, Submission 10.5, p. 2.
[36]
Mr Wayne Hayward, Transcript of Evidence, 7 November 2005, p. 14.
[37]
Mr Wayne Hayward, Transcript of Evidence, 7 November 2005, p. 11.
[38]
Mr Geoffrey McDonald, Transcript of Evidence, 27 February 2006, p. 37.
[39]
Attorney-General’s Department, Submission 10.3, p. 1.
[40]
Attorney-General’s Department, Submission 10.5, p. 1.
[41]
Mr Wayne Hayward, Transcript of Evidence, 7 November 2005, p. 15.
[42]
Attorney-General’s Department, Submission 10.3, p. 1.
[43]
Mr Wayne Hayward, Transcript of Evidence, 7 November 2005, p. 14.
[44]
NIA, Consultation Annex, para. 4b.
[45]
Mr Wayne Hayward, Transcript of Evidence, 7 November 2005, p. 17.
[46]
Mr Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 11.
[47]
NIA, para. 32.
[48]
As Australia does not produce DMNB, it would be imported and incorporated
as a liquid into plastic explosive at the manufacturing stage at a cost of
approximately $5.50 for each unit of plastic explosive. Wayne Hayward, Transcript
of Evidence, 7 November 2005, p. 11.
[49]
NIA, para. 34.
[50]
NIA, para. 33.
[51]
NIA, para. 35.
[52]
NIA, para. 36.
[53]
‘Ports’ refers to international points of entry and does not include
regional airports. Mr Paul Hill, Transcript of Evidence, 7 November 2005, pp. 17 & 20.
[54]
NIA, para. 37.
[55]
NIA, para. 37.
[56]
Mr Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 15.
[57]
Mr Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 17.
[58]
Attorney-General’s Department, Submission 10.5, p. 2.
[59]
Mr Tim Chapman, Transcript of Evidence, 27 February 2006, p. 32.
[60]
Ms Roxanne Kelley, Transcript of Evidence, 27 February 2006, p. 36.
[61]
NIA, para. 38.
[62]
The Department of Prime Minister and Cabinet, the Department of Defence,
the Department of Foreign Affairs and Trade, the Department of Transport and
Regional Services and the Australian Customs Service. NIA, Consultation Annex.
[63]
The Attorney-General’s Department consulted ADI Limited, Brandrill Limited,
Adele Enterprises and Quin Investments. NIA, Consultation Annex.
[64]
NIA, Consultation Annex, para. 2.
[65]
NIA, Consultation Annex, para. 4.
[66]
NIA, Consultation Annex, para. 4b.
[67]
PE4 is a type of plastic explosive.
[68]
NIA, Consultation Annex, para. 8.
[69]
Attorney-General’s Department, Submission 10.2, p. 1.
[70]
NIA, Consultation Annex, paras 26-30.
[71]
Mr Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 9.
[72]
Attorney-General’s Department, Submission 10.1, p. 1.
[73]
Canada, New Zealand, the United Kingdom, and the United States of America
are also Parties to the Convention; International Civil Aviation Organization,
viewed 13 March 2005, <www.icao.int/>.
[74]
NIA, para. 2.
[75]
Mr Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 9 & 27 February 2006, p. 38.
[76]
Mr Geoffrey McDonald, Transcript of Evidence, 7 November 2005, p. 9.
[77]
NIA, para. 20.
[78]
NIA, paras 45-46.
Chapter 3 Exchange of Notes constituting a Treaty to amend the Singapore-Australia Free Trade Agreement
[1]
National Interest Analysis (NIA), para. 6.
[2]
Mr Miles Armitage, Transcript of Evidence, 27 March 2006, p. 1; NIA, para. 7.
[3]
NIA, para. 5.
[4]
NIA, para. 5.
[5]
Section III (Waiver and Modifications of Statutory Conditions governing
Joint Law Ventures and Formal Law Alliances in Singapore) of Annex 4-III
Additional Commitments to Chapter 7 (Trade in Services) and Chapter 8
(Investment); NIA, para. 15.
[6]
NIA, para. 17.
[7]
NIA, paras 16 and 17.
[8]
Section V (Note to Singapore’s Commitments for Financial Services) of
Annex 4-III Additional Commitments to Chapter 7 (Trade in Services) and Chapter
8 (Investment) of SAFTA; NIA, para. 14.
[9]
Mr Miles Armitage, Transcript of Evidence, 27 March 2006, p. 2; NIA, para 14.
[10]
Department of Foreign Affairs and Trade, Submission 6.
[11]
Department of Foreign Affairs and Trade, Submission 6.
[12]
NIA, para. 14.
[13]
Ms Joanne Loundes, Transcript of Evidence, 27 March 2006, p. 3.
[14]
Ms Joanne Loundes, Transcript of Evidence, 27 March 2006, p. 3.
[15]
NIA, para. 10.
[16]
Ms Joanne Loundes, Transcript of Evidence, 27 March 2006, p. 4.
[17]
Ms Joanne Loundes, Transcript of Evidence, 27 March 2006, p. 5.
[18]
Government of South Australia, Submission 7.1.
[19]
NIA, para. 3.
[20]
Mr Miles Armitage, Transcript of Evidence, 27 March 2006, p. 1.
[21]
Mr Miles Armitage, Transcript of Evidence, 27 March 2006, p. 2.
[22]
Mr Miles Armitage, Transcript of Evidence, 27 March 2006, p.6 and Mr
Damian White, Transcript of Evidence, 27 March 2006, p. 6.
[23]
NIA, para. 19.
[24]
NIA, para. 18.
[25]
See the ‘Consultation’ section of the NIA, in addition to the
‘Consultation’ section of the Singapore-Australia Free Trade Agreement
Amendments NIA, tabled in the Parliament on 15 March 2005 and available from the JSCOT website at <www.aph.gov.au/house/committee/jsct/15march05/treaties/safta_nia.pdf>
Chapter 4 Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage
[1]
Mr Michael Sutton, Transcript of Evidence, Monday 8 May 2006, p. 1; National Interest Analysis (NIA), para. 6.
[2]
NIA, para 5. ‘Persistent oil’ is defined in the Civil Liability
Convention as crude oils, including residual fel oil, heavy diesel oil and
lubricating oil.
[3]
NIA, para. 6.
[4]
Mr Michael Sutton, Transcript of Evidence, 8 May 2006, p. 2.
[5]
Mr Michael Sutton, Transcript of Evidence, 8
May 2006, p. 2.
[6]
NIA, para. 7; Mr Michael Sutton, Transcript of Evidence, 8 May 2006, p. 2.
[7]
SDR is a unit of account defined by the International Monetary Fund. The
value of the SDR varies from day to day in accordance with changes in currency
values. As at 10 May 2006, one SDR was worth approximately A$1.92; Mr Michael Sutton, Transcript of Evidence, 8 May 2006, p. 2.
[8]
Article 10 of the Protocol; Under Article I of the Fund Convention, ‘Contributing
oil’ means crude oil and heavy fuel.
[9]
Mr Michael Sutton, Transcript of Evidence, 8 May 2006, p. 2.
[10]
Articles 13 and 20 of the Protocol; NIA, para. 19.
[11]
Mr John Gillies, Transcript of Evidence, 8 May 2006, p. 4.
[12]
NIA, para. 30.
[13]
NIA, para. 30.
[14]
Article 14 of the Protocol; NIA, para. 21.
[15]
Article 14 of the Protocol; NIA, para. 21.
[16]
NIA, para. 23.
[17]
NIA, para. 27.
[18]
Mr Michael Sutton, Transcript of Evidence, 8 May 2006, p. 2.
[19]
NIA, para. 20
[20]
NIA, para. 24.
Chapter 5 International Convention on Civil Liability for Bunker Oil Pollution Damage
[1]
National Interest Analysis (NIA), para. 4. ‘Pollution damage’ is defined
in Article 1(9) to include loss or damage resulting from the escape or discharge
of bunker oil from the ship and the costs of preventative measures taken after
an incident to prevent or minimise pollution damage.
[2]
Article 1(5) of the Bunkers Convention
[3]
NIA, para. 8.
[4]
Mr Michael Sutton, Transcript of Evidence, 8 May 2006, p. 3.
[5]
Mr Robert Alchin, Transcript of Evidence, 8 May 2006, p. 5. The Convention on Limitation of Liability for Maritime Claims is
implemented in Australia by the Limitation of Liability for Maritime Claims
Act 1989 (Cth). Special Drawing Right (SDR) is a unit of account defined by
the International Monetary Fund. The value of the SDR varies from day to day in
accordance with changes in currency values. As at 10 May 2006, one SDR was worth approximately A$1.92.
[6]
Article 3. ‘Shipowner’ is defined in Article 1(3) to mean the owner,
including the registered owner, bareboat charterer, manager and operator of the
ship.
[7]
Mr Robert Alchin, Transcript of Evidence, 8 May 2006, p. 6.
[8]
Article 7(1).
[9]
Article 7.
[10]
NIA, para. 13.
[11]
NIA, para. 16; Article 7(12).
[12]
Article 6.
[13]
NIA, para. 12.
[14]
Article 9; NIA, para. 17.
[15]
Regulation Impact Statement (RIS), paras 3.3 and 4.13.
[16]
NIA, para. 19.
[17]
NIA, para. 19.
[18]
NIA, ‘Consultation’. More detailed information on consultation is provided
in this section of the NIA.
[19]
RIS, para. 5.1.
[20]
NIA, para. 18.
Chapter 6 Agreement establishing the Pacific Islands Forum
[1]
National Interest Analysis (NIA), para. 5.
[2]
Mr Peter Hooton, Transcript of Evidence, 8 May 2006, p. 8; National Interest Analysis (NIA), para. 11.
[3]
Member countries of the Pacific Islands Forum: Australia, Cook Islands,
Federated States of Micronesia, Fiji, Kiribati, Nauru, New Zealand, Niue,
Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon
Islands, Tonga, Tuvalu and Vanuatu. Pacific Islands Forum Secretariat website,
accessed 11 May 2006 <http://www.forumsec.org.fj/>
[4]
Department of Foreign Affairs and Trade website, accessed 11 May 2006: <http://www.dfat.gov.au/geo/spacific/regional_orgs/spf.html>;
Mr Peter Hooton, Transcript of Evidence, 8 May 2006, p. 8.
[5]
Pacific Islands Forum Secretariat website, ‘About Us’, accessed 11 May 2006 <http://www.forumsec.org.fj/>
[6]
Australia, Cook Islands, Fiji, Nauru, New Zealand, Tonga and Western Samoa (now Samoa) were the seven founding members.
[7]
Mr Peter Hooton, Transcript of Evidence, 8 May 2006, p. 8.
[8]
Department of Foreign Affairs and Trade website, accessed 11 May 2006: <http://www.dfat.gov.au/geo/spacific/regional_orgs/spf.html>
[9]
Department of Foreign Affairs and Trade website, accessed 11 May 2006: <http://www.dfat.gov.au/geo/spacific/regional_orgs/spf.html>
[10]
Article II of the Agreement; NIA, para. 15.
[11]
Mr Peter Hooton, Transcript of Evidence, 8 May 2006, p. 11.
[12]
Article I(1) of the Agreement; NIA, para. 16.
[13]
Article X of the Agreement; NIA, para. 16.
[14]
Mr Peter Hooton, Transcript of Evidence, 8 May 2006, p. 9.
[15]
NIA, para. 12.
[16]
Article I(3) of the Agreement.
[17]
NIA, para. 12.
[18]
Article I(4); NIA, para. 12.
[19]
Department of Foreign Affairs and Trade, Submission 4.1, p. 2.
[20]
Department of Foreign Affairs and Trade, Submission 4.1, p. 2.
AusAID is the Australian Agency for International Development.
[21]
Department of Foreign Affairs and Trade, Submission 4.1, p. 2.
[22]
Mr Peter Hooton, Transcript of Evidence, 8 May 2006, p. 12.
[23]
NIA ‘Consultation’.
[24]
NIA ‘Consultation’.
[25]
NIA, para. 2; Mr Claus Dirnberger, Transcript of Evidence, 8 May 2006, p. 10.
[26]
Mr Peter Hooton, Transcript of Evidence, 8 May 2006, p. 15.
[27]
NIA, para. 20.
[28]
NIA, para. 21.
Chapter 7 Amendments to Annexes VIII and IX of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
[1]
National Interest Analysis (NIA), para. 5
[2]
NIA, paras 2 and 4; Ms Mary Harwood, Transcript of Evidence, 8 May 2006, p. 16.
[3]
Senator the Hon Ian Campbell, Minister for the Environment and Heritage, Letter,
24 March 2006.
[4]
Ms Mary Harwood, Transcript of Evidence, 8 May 2006, p. 17.
[5]
NIA, para. 7; Article 4 of the Basel Convention.
[6]
NIA, para. 7.
[7]
NIA, para. 9.
[8]
NIA, paras 9 and 11.
[9]
NIA, para. 9.
[10]
Polychlorinated biphenyls (PCBs). PCBs are at concentration level of
50mg/kg or more. The Basel Convention.
[11]
NIA ‘Consultation’, para. 1.
Chapter 8 Agreement with New Zealand in relation to Mutual Recognition of Securities Offerings
[1]
The Agreement was signed in Melbourne, Australia on the 22 February 2006.
[2]
Regulation Impact Statement (RIS), p. 1.
[3]
The long title is: Memorandum of Understanding between the Government
of Australia and the Government of New Zealand on the Coordination of Business
Law. The most recent version was signed on 22 February 2006.
[4]
RIS, p. 1.
[5]
NIA, para. 8; Ms Ruth Smith, Transcript of Evidence, 8 May 2006, p. 29.
[6]
This is subject to certain exceptions. NIA, para. 7.
[7]
RIS, p. 1.
[8]
RIS, p. 1.
[9]
The Agreement defines securities as debt securities, equity securities,
interests in collective investment schemes and any interest in, or an option to
acquire such securities. In the context of financial markets securities are
written undertakings securing repayment of money. They are
typically negotiable instruments
such as bonds, bills of
exchange, promissory notes or share certificates
which establish ownership and payment rights between parties. The word
'securities' has come to mean any
interest-bearing piece of paper traded in
financial markets. Securities in the sense of ‘marketable securities' may be
unsecured (that is, simply debt obligations) and
so a holder may not have security in the
generally accepted sense. Carew, E, The Language of Money, ANZ Bank, viewed 11 April 2006, <www.anz.com>
[10]
This is subject to certain entry and ongoing requirements. NIA, para. 3.
[11]
Part of the ownership of a company. A person who
buys a portion of a company's capital becomes a
shareholder in that company's assets and as such
receives a share of the company's profits in the form of
an annual dividend. Carew, E, The Language of Money, ANZ Bank, viewed 11 April 2006, <www.anz.com>
[12]
A type of fixed-interest security, issued by
companies (as borrowers) in return for medium and
long-term investment of funds. A debenture is
evidence of the borrower's debt to the lender.
Debentures are issued to the general public through a prospectus and are
secured by a trust deed which
spells out the terms and conditions of the fundraising and the rights of the
debenture-holders. Typical issuers of debentures are finance companies and
large industrial companies. Debenture-holders' funds are invested with the
borrowing company as secured
loans, with the security usually in the form of a fixed or floating charge over
the assets of the
borrowing company. As secured lenders, debenture-holders' claims to the company's
assets rank ahead of those of ordinary shareholders, should the company be
wound up; also, interest is payable on debentures whether the company makes a profit or not.
Debentures are issued for fixed periods but if a debenture-holder wants to get
his or her money back, the securities can be
sold. Carew, E, The Language of Money, ANZ Bank, viewed 25 May 2006, <www.anz.com>
[13]
NIA, para. 5; Ms Ruth Smith, Transcript of Evidence, 8 May 2006, p. 28.
[14]
NIA, para. 11; Ms Ruth Smith, Transcript of Evidence, 8 May 2006, pp. 27-28.
[15]
Ms Ruth Smith, Transcript of Evidence, 8 May 2006, pp. 29-30.
[16]
Mr Hans Saxinger, Transcript of Evidence, 8 May 2006, p. 30.
[17]
Ms Ruth Smith, Transcript of Evidence, 8 May 2006, p. 30.
[18]
NIA, para. 2.
[19]
NIA, para. 28.
[20]
These agencies include: the Attorney-General’s Department, the Department
of Prime Minister and Cabinet, the Department of Foreign Affairs and Trade and
the Australian Securities and Investments Commission (ASIC).
[21]
NIA Consultation Annex.
[22]
NIA Consultation Annex, para. 3.
[23]
The following organisations and individuals made submissions: Australia and
New Zealand Banking Group Ltd, Australian Shareholders’ Association Ltd,
Australian Stock Exchange, Challenger Financial Services Group, Clayton Utz Simpson
Grierson, Commonwealth Bank of Australia, Consumers’ Institute, Dowler, Mr Rob
WM, Employers and Manufacturers Association (Northern) Inc, Financial Services
Federation, HRL Morrison & Co Ltd, Institute of Financial Professionals New
Zealand Inc, International Banks and Securities Association of Australia,
Investment Savings and Insurance Association, Izard Weston Lawyers, Macquarie
New Zealand Ltd, New Zealand Bankers’ Association, New Zealand Exchange Ltd,
New Zealand Law Society, New Zealand Securities Commission,
PriceWaterhouseCoopers, Promina Group Ltd, Securities and Derivatives Industry
Association, Securities Institute of Australia, Takeovers Panel, Telecom,
Trustee Corporation of New Zealand, Walker, Professor Gordon, La Trobe
University Law School.
[24]
NIA, paras 21-22.
[25]
NIA, para. 18.
[26]
NIA, para. 2.
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