Dana Wortley (SA, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of the Joint Standing Committee on Treaties, I present three reports of the committee. I seek leave to move a motion in relation to the reports.

Leave granted.

I move:

That the Senate take note of the reports.

I seek leave to incorporate a tabling statement in Hansard.

Leave granted.

The statement read as follows—

The Joint Standing Committee on Treaties is tabling three reports and I will speak briefly to each.

Report 86 contains the Committee’s findings on nine treaty actions. The Committee found all the treaties reviewed to be in Australia’s national interest and, where a recommendation was required, recommended that binding treaty action be taken.  I will comment on four of the treaties reviewed in Report 86.

Mr President, the Agreement concerning the Establishing of Global Technical Regulations for Wheeled Vehicles is a multilateral agreement intended to reduce barriers to international trade in the motor vehicle industry by harmonising national standards for motor vehicles. The Agreement is expected to benefit Australia’s automotive industry by reducing costs and increasing flexibility as variations in standards currently represent an impediment to locally manufactured models being distributed overseas.

The Protocol additional to the Geneva Conventions relates to the adoption of the Red Crystal as the third official emblem of the International Red Cross and Red Crescent Movement. The adoption of the Red Crystal comes after several years of discussion during which the international community attempted to agree on a symbol which is devoid of political, religious or ethnic connotations. The Red Crystal, which is a red diamond on a white background, was eventually agreed upon.

The Protocol amending the Trade-Related Aspects of Intellectual Property Agreement is intended to enable least developed and developing countries improved access to cheaper medicine. Under the Protocol, World Trade Organisation members with insufficient manufacturing capacity will be able to import patented pharmaceuticals made under a compulsory licence from other Member countries in certain circumstances.

Finally, Mr President, the Framework Agreement between the Government of Australia and the Government of the Republic of Turkey on Cooperation in Military Fields formalises and enhances military cooperation between Australia and Turkey. The Agreement also clarifies the status of Australian and Turkish defence personnel and dependents when in the territory of the other. The Agreement was motivated in part by Turkey’s need for a treaty level agreement in order to cooperate on certain defence matters. The Committee supports the Agreement as growing the defence cooperation relationship between Australia and Turkey.

Report 86 also contains the Committee’s recommendations in relation to: a Scientific and Technical Cooperation Agreement with South Africa, Amendments to the International Telecommunication Union Constitution and Convention, a Supplementary Social Security Agreement with Germany, a Social Security Agreement with Korea, and Amendments to the Singapore-Australia Free Trade Agreement.

Report 87 contains the Committee’s findings on eight treaty actions. The Committee found all the treaties reviewed to be in Australia’s national interest and recommended that binding treaty action be taken in each instance.  I will comment on five of the treaties reviewed in Report 87.

Mr President, the Mutual Assistance Treaty with Thailand provides a formal framework for the provision of mutual assistance between Australia and Thailand. Mutual assistance treaties allow Australia to provide and obtain formal assistance in criminal investigations and prosecutions. Ratifying the Treaty will ensure that Australia can provide, request and receive mutual assistance to and from the Kingdom of Thailand in accordance with clearly defined and mutually agreed terms.

Although we have been providing or exchanging mutual assistance with Thailand for a considerable period of time, one of the advantages of the treaty is that it codifies and clarifies the respective abilities of each state to provide assistance.

Report 87 also includes two Agreements for the Exchange of Information with Respect to Taxes, the first with Antigua and Barbuda and the second with the Netherlands, in respect of the Netherlands Antilles. The Agreements will enable information to be exchanged on criminal and civil tax matters. The Agreements will assist in the investigation of tax evasion and money laundering by establishing mechanisms to exchange information to establish the extent and nature of the tax evaded.

The Agreement on Operational and Strategic Cooperation between Australia and the European Police Office (Europol) will provide a formal framework for the sharing of intelligence and strategic cooperation between Australia and Europol. Europol is the European Union law enforcement organisation that handles criminal intelligence. The Agreement will facilitate the exchange of criminal intelligence between Europol and Australian law enforcement agencies, providing significant operational benefits to Australian agencies in combating international crime. The AFP has been designated as the national contact point between Europol and other competent authorities in Australia.

The Amendments to the Hong Kong Extradition Treaty amends the existing extradition treaty so that the ‘no evidence’ standard will apply to extradition requests from Hong Kong to Australia. The ‘no evidence’ standard means that the documents required for extradition do not need to include a brief of evidence of the alleged offence. The Committee was informed that previously the prima facie standard for extradition requests would require witness statements, documents and all the paraphernalia that is associated with a committal proceeding. Extradition requests from Australia to Hong Kong will remain at a level where the information contained in the request would, in accordance with Hong Kong’s domestic law, justify the extradited person’s committal for trial.

Report 87 also contains the Committee’s recommendations in relation to: an Agreement on Health Care Insurance with Belgium, an Agreement extending the operation of the Australian Patent Office as an International Search Authority and the International Convention for the Control and Management of Ships Ballast Water and Sediments.

Report 88 contains the Committee’s recommendation in relation to the Agreement between Australia and the Hellenic Republic on Social Security. The Committee supports this Agreement and recommended that binding treaty action be taken. The Committee wanted to table its recommendation in relation to this treaty as soon as possible given the importance of the Social Security Agreement with Greece, the number of people who will benefit, and the uncertainty relating to the timing of the upcoming election. The negotiations for this Agreement started in the early 1990s and the early tabling of the Committee’s recommendation also reflects its desire for the Agreement to be implemented quickly so that people can start accessing its benefits as soon as possible.

This is an important agreement for many people who have lived in Australia and Greece and the Committee welcomes its conclusion after such a lengthy period of negotiation.

Mr President, I commend the reports to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.