Sandy Macdonald (NSW, National Party) Share this | Link to this | Hansard source

On behalf of the Joint Standing Committee on Treaties, I present report No. 90 of the committee, Treaties tabled on 12 March 2008, and seek leave to move a motion in relation to the report.

Leave granted.

I move:

That the Senate take note of the report.

Report No. 90 contains the committee’s findings on five treaty actions originally tabled in the 41st Parliament. Consideration of these treaty actions lapsed on the dissolution of the 41st Parliament prior to the committee presenting its report. After the election, the treaties were again tabled in parliament on 12 March 2008. In presenting this report, I would like to take the opportunity to acknowledge the input and contribution of the previous committee.

The committee found all five treaties reviewed to be in Australia’s national interest. The Patent Law Treaty will harmonise and simplify requirements for patent administration on a worldwide basis, standardising procedures, establishing legal certainty and safeguards, and making the patent administration process more user friendly and accessible. By acceding to the treaty, Australia has the opportunity to provide a positive example to our treaty partners and to enhance our reputation as a leading member of the intellectual property community in the region.

The Singapore Treaty on the Law of Trademarks will revise and update the Trademark Law Treaty and establish consistent procedures for registering trademarks, including non-traditional marks such as holograms, three-dimensional marks, colour, and taste and feel marks. The treaty will provide lower costs, greater certainty and improved protection for trademark applicants.

The Constitutional Amendments to the Convention Establishing the World Intellectual Property Organisation treaty provides constitutional reforms to the term of the Director-General, meeting arrangements for the General Assembly, and the formalisation of the unitary contribution system. Australia strongly supports the proposed amendments, which will simplify the existing international intellectual property system.

The Tonga Air Services Agreement will provide a binding legal framework to support direct air services between Australia and Tonga. Both countries will be required to allow the designated airlines of the other country to operate scheduled air services on specified routes between the two countries. The agreement includes reciprocal provisions on safety, customs, regulation and the commercial aspects of airline operation including the ability to establish offices in the territory of the other party and to sell fares to the public.

The committee expresses its concern in the report that there are up to 40 outstanding air service agreements signed by Australia but not brought into force. It is understood that the department is currently reviewing and prioritising a number of these agreements for finalisation. The committee expects any future air services agreements to be tabled in a timely manner.

Australia’s withdrawal of its exemption for the use of mirex under the Stockholm Convention on Persistent Organic Pollutants will see Australia contribute to the elimination of toxic and persistent chemicals. Mirex is one of 12 persistent organic pollutants listed for action under the convention. Formerly used to control termites, Australian agencies have found alternative chemical products. By withdrawing its exemption, Australia will demonstrate its commitment to protecting human health and the environment and supporting effective approaches to eliminating the production and use of persistent organic pollutants.

The committee supports all five agreements and recommends that binding treaty action be taken.

I commend the report to the Senate.

Question agreed to.