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Australian Year Book of International Law |
Joshua Brien and Marie Wynter[*]
The Carriage of Goods by Sea Amendment Act 1997 amended the Carriage of Goods by Sea Act 1991 (“1991 Act”) which introduced a regime of marine cargo liability intended to be equitable and efficient, compatible with arrangements existing in countries that are major trading partners of Australia and to take into account developments within the United Nations in relation to marine cargo liability. The Act removes the trigger from the 1991 Act for implementing the Hamburg Rules (Articles 1 to 26 of the United Nations Convention on the Carriage of Goods by Sea) and replaces it with a mechanism for regular review regarding international adoption of the Hamburg Rules. In addition, this Act adds to the 1991 Act a regulation-making power which enables a number of other amendments to be made to the way the amended Hague Rules, relating to carrier liability for loss or damage to marine cargoes (Articles 1 to 10 of the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading 1924), operate in Australia.
The Customs Tariff Amendment Act (No 2) 1997 introduces changes to the Customs Tariff Act 1995. The amendments contained in Schedule 2 of this Act abolish the Canadian margin of preference on certain petrochemical products. (These changes took effect from 1 January 1997.) Concerns had been expressed for some time regarding the overall balance of benefits under the Canada-Australia Trade Agreement (ATS (1960) 5) (“CANATA”). CANATA provides for the exchange of tariff preferences on a range of products traded between the two countries. Following consideration of these and other related issues, CANATA preferential rates of duty were removed from Canadian imports of certain petrochemical products. Schedule 4 of the Act contains amendments which abolish customs duty on imported sugar and certain sugar by-products and implements Australia’s tariff obligations under the Information Technology Agreement. The Agreement seeks the elimination of tariffs on technology and telecommunications products by the year 2000. Schedule 4 of this Act also contains amendments that reinstate the intended tariff assistance on surgical drapes and clarify Australia’s international tariff obligations in regard to certain types of lamps and power supply units for computers.
The Environment, Sport and Territories Legislation Amendment Act 1997 amended the Environment Protection (Sea Dumping) Act 1981 (“the Sea Dumping Act”) to bring it into line with current sea dumping practice and to ensure that Australia can meet its international obligations agreed to at the November 1993 Consultative Meeting of the International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (ATS (1985) 16) (“the London Convention”). Section 35 of Schedule 1 of the Act inserts Schedule 3A - 3C into the Sea Dumping Act which concerns phasing out sea disposal of industrial waste, incineration at sea, and disposal at sea of radioactive wastes and other radioactive material, respectively. The Act also makes a number of minor technical amendments to the Ozone Protection Act 1989 which implements the Montreal Protocol on Substances that Deplete the Ozone Layer (ATS (1989) 18).
Schedule 3 of the Fisheries Legislation Amendment Act 1997 (the Act) amends the Torres Strait Fisheries Act 1984 (“the TSF Act”), which governs rights of fishing in waters between Australia and Papua New Guinea, in accordance with arrangements contained in the Torres Strait Treaty regarding sovereignty and maritime boundaries between the two countries. Clause 1 of Schedule 3 of the Act inserts a new section 15A into the TSF Act. Section 15A of the Act enables the Minister to determine a management plan for a fishery in an area of Australian jurisdiction. A management plan must set out its objectives and methods for achieving these objectives. Amongst other things, a management plan may specify how the fishing capacity of a fishery is to be measured and what fishing capacity is permitted for the fishery.
The Foreign Affairs and Trade Legislation Amendment Act 1997 is an omnibus Act that amends four Acts administered by the Department of Foreign Affairs and Trade. The major amendments:
• extend to observers the same standard diplomatic privileges and immunities provided to inspectors carrying out challenge inspections under the Chemical Weapons Convention (amendments to the Chemical Weapons (Prohibition) Act 1944);
• allows regulations relating to an international organisation to come into force at the same time as the treaty establishing the organisation comes into force for Australia (amendments to the International Organisations (Privileges and Immunities) Act 1963);
• tightens the eligibility criteria for international organisations and people connected with those organisations to be entitled to privileges and immunities in Australia (amendments to the International Organisations (Privileges and Immunities) Act 1963);
• enables specific privileges and immunities to be extended to international tribunals in accordance with Australia’s treaty obligations (amendments to the International Organisations (Privileges and Immunities) Act 1963);
• implements the provisions of a Protocol between Australia and the International Atomic Energy Agency to provide for expanded declarations of nuclear and non-nuclear related activities and increased access to locations where nuclear material is customarily used (amendments to the Nuclear Non-Proliferation (Safeguards) Act 1987).
The International Monetary Agreements Amendment Act 1997 amends the International Monetary Agreements Act 1947 to allow Australia to adhere to the International Monetary Fund’s (“IMF”) New Arrangements to Borrow (“NAB”), and to simplify the framework for conducting and recording Australia’s other financial transactions with the IMF. This reduces the administrative costs associated with these transactions and enhances their transparency. The terms and conditions of the NAB as agreed by the Executive Board of the IMF on 27 January 1997 are scheduled to the International Monetary Agreements Act 1947.
The International Tax Agreements Amendment Act (No 1) 1997 provides legislative authority for the entry into force of an exchange of notes amending the Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income between Australia and Vietnam (ATS (1992) 44). The exchange of notes with Vietnam took place on 22 November 1996 and the text forms a Schedule to the principal Act. The notes give effect to Australia’s 1992 undertaking to Vietnam that Australia would grant tax sparing for specified Vietnamese tax concessions. Tax sparing describes the situation under which Vietnam offers tax concessions to attract foreign investment. Under the tax sparing credit arrangements, an Australian investor taking advantage of specified tax concessions is deemed to have paid the tax actually forgone by Vietnam for the purposes of Australia’s foreign tax credit rules.
The International Transfer of Prisoners Act 1997 enables Australians and certain other persons having community ties with a State or Territory of Australia who are imprisoned overseas, and foreign nationals imprisoned in Australia, to be returned to their home countries to complete the serving of their sentence, and enables persons who have been convicted by the International Criminal Tribunals for the Former Yugoslavia and Rwanda to be transferred to Australia.
The Law and Justice Legislation Amendment Act 1997 is an omnibus Act that amends a number of Acts falling within the portfolio of the Attorney-General and the Minister for Justice. Schedule 7 of the Act amends the Family Law Act 1975 to extend the jurisdictions of State and Territory Supreme Courts and the courts of summary jurisdiction to determine matters arising under the regulations on the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (ATS (1998) 21).
The Multilateral Investment Guarantee Agency Act 1997 allows appropriations from the Consolidated Revenue Fund for payments required to be made under the Convention establishing the Multilateral Investment Guarantee Agency (“MIGA”) (ATS (1998) 24). MIGA was established on 12 May 1988 as one of the World Bank group of financial institutions designed to encourage the flow of investment to member countries and, in particular, to developing member countries. The functions of MIGA include issuing guarantees against non-commercial risks in respect of investments in a member country which flow from other member countries.
The Natural Heritage Trust of Australia Act 1997 establishes a Natural Heritage Trust of Australia Reserve, using some of the proceeds of the partial privatisation of Telstra, to fund environmental projects. These include the National Vegetation Initiative, the Murray-Darling 2001 Project, the National Land and Water Resources Audit, the National Reserve System and the Coasts and Clean Seas Initiative. Australia is a party to a number of international treaties that attempt to redress the decline in the quality of the natural environment and protect the environment from further decline. These include:
• the Vienna Convention for the Protection of the Ozone Layer (ATS (1988) 26);
• the Convention on Biological Diversity (ATS (1993) 32);
• the Convention on International Trade in Endangered Species of Wild Fauna and Flora (ATS (1976) 29);
• the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (ATS (1992) 7);
• the Convention for the Protection of the World Cultural and Natural Heritage (ATS (1975) 47);
• the United Nations Framework Convention on Climate Change (ATS (1993) 32); and
• the Convention on Wetlands of International Importance especially as Waterfowl Habitat (ATS (1975) 48).
The Telecommunications Act 1997 implements the new regulatory framework for the telecommunications industry. Section 366 allows the minister to declare that a specified Convention is binding in relation to the members of a specified class of carrier or carriage service provider and that they must act in a way consistent with Australia’s obligations under that the Convention.
The Telecommunications (Carrier Licence Fees) Termination Act 1997 terminates the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991. It imposes a licence fee in respect of general and mobile telecommunications licences for the financial year ended 1 July 1997 and increases the limit on licence fees to allow for recovery of the Australian Competition and Consumer Commission’s costs attributable to competition matters arising from its communications rate. The amount, which is determined under the regulations to this Act, is the proportion of the Commonwealth’s contribution to the International Telecommunications Union (“ITU”) that is recovered from carriers. The ITU is a UN specialist agency concerned with international cooperation in the use of telecommunications and the radio frequency spectrum.
The Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 provides for the transition to the new telecommunications framework by treating acts done under the Telecommunications Act 1991 as if they were done under the corresponding provision in the Telecommunications Act 1997. Section 74 of the 1991 Act applies to carriers who are signatories within the meaning of the Operating Agreement relating to the International Telecommunications Satellite Organisation (“INTELSAT”) (ATS (1973) 6) and the Convention on the International Maritime Satellite Organisation (“INMARSAT”) (ATS (1979) 10). The Minister may notify those carriers of the general policies of the Government that are to apply in relation to the carrier’s performance of its functions as a signatory. Section 365 of the 1997 Act largely mirrors section 74 of the 1991 Act. Clause 64 of this Act continues the operation of any notification under section 74 after 1 July 1997 until a direction is given under section 365 of the 1997 Act.
The Transport Legislation Amendment (Search and Rescue Service) Act 1997 facilitates the amalgamation of the Commonwealth’s civil maritime and aviation search and rescue coordination functions into one national centre, and increases the number of ordinary members on the Board of the Australian Maritime Safety Authority from three to four, allowing for the appointment of an officer of the Department to the Board at the discretion of the Minister. To this end, the Act makes consequential amendments to the Australian Maritime Safety Authority Act 1900, the Air Services Act 1995 and the Civil Aviation Act 1988. The amalgamation continues to allow Australia to fulfil its obligations under the International Convention for the Safety of Life at Sea 1974 (ATS (1983) 22), the International Convention on Maritime Search and Rescue (ATS (1986) 29) and Article 7 of the Convention on International Civil Aviation (ATS (1957) 5). These Conventions relate to the provision of adequate search and rescue services for persons in distress at sea or in aircraft.
The Anti-Personnel Mines Convention Act 1998 gives effect to Australia’s obligations under the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on their Destruction (ATS (1999) 3).
The Australian Radiation Protection and Nuclear Safety Act 1998 (“the Radiation Protection Act”) protects the health and safety of people and the environment from the harmful effects of radiation. The Act establishes a scheme to regulate the operation of nuclear installations and the management of radiation sources, including ionising material and apparatus and non-ionising apparatus, where such activities are undertaken by the Commonwealth, Commonwealth entities and those who deal with such entities. The Act provides for extra-territorial operation so that persons outside Australia may be regulated.
The Act does not exclude the operation of the Nuclear Non-Proliferation (Safeguards) Act 1997 (“the Safeguards Act”). However in the event of an inconsistency, it is intended that the Radiation Protection Act will prevail. The Act requires that powers authorised by the Act must be exercised in accordance with relevant international agreements as set out in the Safeguards Act or otherwise prescribed.
The Australian Radiation Protection and Nuclear Safety (Consequential Amendments) Act 1998 makes consequential amendments to the Australian Nuclear Science and Technology Organisation Act 1987 and provides transitional arrangements to cover the operation of controlled facilities and the handling of radiation sources while applications for licences to cover these facilities and activities are being made under the Australian Radiation Protection and Nuclear Safety Act 1998.
The Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998 enables annual charges to be levied in respect of licences issued under the Australian Radiation Protection and Nuclear Safety Act 1998.
The Aviation Legislation Amendment Act (No 1) 1998 amends the Air Navigation Act 1920, the Airports Act 1996 and the Airports (Transitional) Act 1996. It amends the approval process of international charter flights under the Air Navigation Act 1920 to provide increased flexibility to deal with the increased range of programmes of international non-scheduled flights for which approval is sought. It also merges the approval process for non-scheduled applications from both Australian and foreign charter operators and removes the distinction drawn in the Act between aircraft from contracting and non-contracting States to the Convention on International Civil Aviation (ATS (1957) 5). The amendments to the Airports Act 1996 and the Airports (Transitional) Act 1996 are of a technical nature.
The Chemical Weapons (Prohibition) Amendment Act 1998 amends the Chemical Weapons (Prohibition) Act 1994. The amendments clarify the obligations of inspectors when carrying out routine international compliance inspections of facilities in accordance with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (ATS (1999) 3).
The Civil Aviation Legislation Amendment Act 1998 simplifies the nation-wide administration and enforcement of the requirement for all domestic and Australian international carriers to have continuous passenger liability insurance. It authorises the Civil Aviation Safety Authority to administer both the Commonwealth and State carriers liability insurance arrangements, including those arrangements implementing the International Convention for the Unification of certain Rules relating to International Carriage by Air (ATS (1963) 18).
The Comprehensive Nuclear Test-Ban Treaty Act 1998 gives effect to obligations that Australia will be subject to under the Comprehensive Nuclear Test-Ban Treaty once that treaty enters force.
The Act prohibits the causing of any nuclear explosion at any place under Australian control, and prohibits Australian nationals from causing a nuclear explosion anywhere outside Australia. The Act also sets out requirements for the verification of compliance and monitoring procedures required under the treaty, and allows for on-site inspections within Australia or its external Territories.
The Copyright Amendment Act (No 1) 1998 removes the ability of persons to assert copyright in material attached to or used in relation to goods (such as packaging or labelling) to gain control over the right to import and market such goods in Australia, when that material would not attract copyright protection in the market in its own right. The amendment only applies to goods made in a country that is a party to the Berne Convention for the Protection of Literary and Artistic Works (ATS (1978) 5), or a Member of the World Trade Organization (“WTO”) with laws consistent with the requirements of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (ATS (1995) 8).
The Copyright Amendment Act (No 2) 1998 allows for the importation of legitimate copies of sound recordings without the licence of the copyright owners. The amendment only applies if the copy of the sound recording was made in a country that is a party to the Berne Convention for the Protection of Literary and Artistic Works (ATS (1978) 5), or a Member of the WTO with laws consistent with the requirements of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (ATS (1995) 8).
26. Customs Tariff (Anti-Dumping) Amendments Act 1998 (No 80 of 1998)
The Customs Tariff (Anti-Dumping) Amendments Act 1998 makes consequential amendments to the Customs Tariff (Anti-Dumping) Act 1975 to remove from the Customs Act 1901 the power of Australia to take retaliatory countervailing action against another country in circumstances where retaliatory trade action has not been authorised by the WTO. This implements Australia’s obligations under the WTO Agreement on Subsidies and Countervailing Measures (ATS (1995) 8).
The Family Law Amendment Act (No 1) 1998 enables regulations to be made to give effect to bilateral arrangements with other countries on intercountry adoption in order to provide for the automatic recognition of adoption decisions made in countries prescribed in the regulations. The Act also enables regulations to be made to confer jurisdiction on Federal or Territory courts or to invest State courts with federal jurisdiction to make decisions on intercountry adoptions.
The Financial Sector (Shareholdings) Act 1998 was introduced to regulate the ownership and acquisition of prudentially regulated financial institutions. The Act allows for extra-territorial operation.
The Gas Pipelines Access (Commonwealth) Act 1998 gives effect to the Commonwealth’s role in implementing the national third party access regime for natural gas pipelines. Section 7 of the Act allows for extra-territorial operation, allowing the regulation of things, acts, transactions or matters, whether or not they are or occur in or outside Australia, and whether or not they are otherwise affected by the law of another jurisdiction, including a foreign country.
The International Monetary Agreements Amendment Act 1998 establishes a framework for Australia to provide financial assistance to a country that is undertaking an economic adjustment program with the support of the International Monetary Fund (“IMF”). The Act enables the Treasurer, on behalf of Australia, to enter into agreements to lend money or enter into currency swaps when the Fund requests Australia to provide assistance in support of a Fund program and where at least one other country or organisation has provided or intends to provide assistance to the recipient country in response to a similar request from the IMF. The Act applies to agreements made with the Republic of Indonesia and the Republic of Korea prior to its commencement.
The National Environment Protection Measures (Implementation) Act 1998 provides for the implementation of national environmental protection measures in respect of activities by the Commonwealth and Commonwealth authorities. An exemption from implementing a particular measure at a certain Commonwealth place or with regard to a specific Commonwealth activity may only be given if it is in the national interest. Australia’s relations with another country and Australia’s international obligations are matters which may be taken into account when determining the national interest.
The National Transmission Network Sale Act 1998 makes provision for the sale of Australia’s national transmission network, which carries television and radio signals for the ABC, SBS, some commercial radio and TV stations and community services, such as Radio for the Print Handicapped. The Act allows for extra-territorial operation.
The Productivity Commission Act 1998 provides for the establishment of the Productivity Commission and enumerated its functions, powers, activities and other related matters. The Act establishes that the Productivity Commission must have regard to the need for Australia to meet its international obligations and commitments in the performance of its functions.
The Space Activities Act 1998 provides a regulatory framework for space activities carried on either from Australia or by an Australian national outside Australia. The Act implements Australia’s international obligations under the five United Nations space treaties set out in the schedules to the Act. They are the Convention on International Liability for Damage caused by Space Objects (ATS (1975) 5), the Convention on Registration of Objects launched into Outer Space (ATS (1986) 5), the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies (ATS (1967) 24), Agreement Governing the Activities of States on the Moon and other Celestial Bodies (ATS (1986) 14), and the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects launched into Outer Space (ATS (1986) 8).
The Tax Law Improvement Act (No 1) 1998 modifies income taxation law in Australia. It recognises the effect of foreign law for the purposes of assessing taxation.
The Trade Practices Amendment (Country of Origin Representations) Act 1998 introduces a scheme governing representations about the country of origin of consumer goods offered for sale in Australia. Previously country of origin representations were dealt with under the general “misleading and deceptive conduct” prohibition of the Trade Practices Act 1974. The regime introduced by the Act is compatible with Australia’s obligations under Marrakesh Agreement Establishing the World Trade Organisation (ATS (1995) 8).
The Air Navigation (Aircraft Engine Emissions) Regulations provide a regime to regulate the emission of pollutants from aircraft engines. The Regulations give domestic effect to internationally-agreed standards for fuel venting and smoke and gaseous emissions contained in Annex 16 to the Convention on International Civil Aviation (ATS (1957) 5) and prevent aircraft from engaging in air navigation unless their engines comply with the Annex 16 standards and a special permit is granted under the principal Regulations. Decisions not to grant permits and decisions to revoke permits are reviewable by the Administrative Appeals Tribunal (“AAT”). The Air Navigation (Aircraft Engine Emissions) Regulations (Amendment) expand the scope of AAT review of decisions relating to such permits.
The Air Navigation Regulations (Amendment) amend the Air Navigation Regulations to provide for the implementation of an explosive detection dog capability at Sydney (Kingsford Smith) Airport, Melbourne International Airport and Brisbane International Airport. The amendments form part of a broader objective to harmonise Australia’s civil aviation industry with internationally-accepted aviation security standards and practices, including the Aviation and Security Standards and Recommended Practices contained in Annex 17 to the Convention on International Civil Aviation (ATS (1957) 5).
Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations inter alia in relation to air navigation with respect to trade and commerce with other countries and among the States, and for any matter which the Parliament has the power to make laws. These Air Navigation Regulations enable Australia to implement United Nations Security Council Resolutions 1127 (1997) and 1135 (1997), which impose sanctions on the Uniao Nacional para a Independência Total de Angola movement (“UNITA”) and prohibit flights of aircraft by or for UNITA.
The Air Navigation Amendment Regulations amend the Air Navigation Regulations 1997 to enhance aviation security in Australia by codifying Australia’s existing “Aviation Security Identification Card” scheme and providing statutory trespass powers for Australia’s major airports. The amendments implement within Australia the international standards of the Convention on International Civil Aviation (ATS (1957) 5).
The Antarctic Marine Living Resources Conservation Regulations (“the Regulations”), implement obligations arising from a number of conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (“the Commission”) established under the Convention on the Conservation of Antarctic Marine Living Resources (ATS (1982) 9). The Antarctic Marine Living Resources Conservation Regulations (Amendment) enable Australia to give effect to additional conservation measures adopted by the Commission since the Regulations were first made in 1994, such as establishing the catch limit for various marine species and establishing measures to reduce the mortality of seabirds and seals resulting from fishing and other human activities.
The Antarctic Marine Living Resources Conservation Regulations (Amendment) enable Australia to give effect to additional conservation measures adopted by the Commission since the Regulations were last amended in 1997, such as establishing the catch limit for various marine species, by-catch limits and catch reporting requirements.
The Antarctic Treaty (Environmental Protection) (Waste Management) Regulations (“the Waste Management Regulations”) implement Australia’s international obligations arising from Annex III to the Protocol on Environmental Protection to the Antarctic Treaty (ATS (1998) 6). Annex III relates to waste disposal and waste management including the cleaning up of abandoned work sites and waste disposal sites. Paragraph 19(2)(b) of the Waste Management Regulations did not allow a person to remove a structure from an abandoned work site if the structure had been entered on the Register of the National Estate or the Interim List for the Register. The Antarctic Treaty (Environmental Protection) (Waste Management) Regulations (Amendment) amend the Waste Management Regulations to omit paragraph 19(2)(b) to enable Australia to meet its obligations under Annex III relating to the clean up of abandoned work sites.
The Carriage of Goods by Sea Act 1991 gives effect in Australia to the Protocol (SDR Protocol) amending the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading of 25 August 1924 (“The Hague Rules”), as amended by the Protocol of 23 February 1968 (“Visby Rules”) (ATS (1993) 23), which relates to carrier liability for loss or damage to marine cargoes. The Carriage of Goods by Sea Regulations modify the operation in Australia of the amended convention and make other various amendments to the Carriage of Goods by Sea Act 1991 to enhance the extent of protection afforded to Australian shippers of marine cargoes.
The Carriage of Goods by Sea Regulations (No 2) make minor amendments of a technical nature to the Carriage of Goods by Sea Regulations 1998, broaden the categories of shipping documents under which import shippers have access to Australian courts, and require the surrender by the shipper of any sea carriage document for the goods concerned before the carrier will issue a “shipped” sea carriage document.
Section 6 of the Charter of the United Nations Act 1945 provides that the Governor-General may make regulations giving effect to decisions of the Security Council under Chapter VII of the Charter of the United Nations. The Charter of the United Nations (Sanctions–Angola) Regulations (Amendment) implement United Nations Security Council Resolution 1135 (1997), requiring states to take necessary measures to impose travel restrictions on senior officials of the Uniao Nacional para a Independência Total de Angola movement (“UNITA”) and adult members of their families, to close overseas UNITA offices and to prohibit flights of aircraft or supply of aircraft components or engineering or servicing of UNITA aircraft.
The Charter of the United Nations (Sanctions–Sierra Leone) Regulations implement United Nations Security Council Resolution 1132 (1997) requiring States to take necessary measures to prevent the entry into or transit through their territories of members of the military junta in Sierra Leone and adult members of their families, and to prevent the sale or supply of petroleum and petroleum products and arms and related materials to Sierra Leone by their nationals or from their territories or using their flag vessels or aircraft.
The Charter of the United Nations (Sanctions–Federal Republic of Yugoslavia) Regulations implement United Nations Security Council Resolution 1160 (1998), imposing sanctions to prevent the sale and supply of arms and related material of all types to the Federal Republic of Yugoslavia.
The Charter of the United Nations (Sanctions–Sierra Leone) Regulations implement United Nations Security Council Resolution 1156 (1998) terminating sanctions against the supply of petroleum and petroleum products to Sierra Leone previously imposed by Resolution 1132 (1997).
The Chemical Weapons (Prohibition) Act 1994 implements Australia’s obligations under the Convention on the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (ATS (1997) 3) (“the Convention”). The Convention bans the development, stockpiling and use of chemical weapons, provides for the destruction of all existing stocks of such weapons, and provides for a verification regime involving annual declarations and a system of on-site inspections, conducted by Organisation for the Prohibition of Chemical Weapons. The Chemical Weapons (Prohibition) Regulations enable Australia to give domestic effect to certain obligations under the Convention, including prescribing arrangements for a verification regime involving annual declarations and a system of on-site inspections carried out by the Organisation for the Prohibition of Chemical Weapons (“the Organisation”), and the establishment of a system of permits and notifications to facilitate the collection of information on industrial and other chemicals which must be included in declarations to the Organisation.
The Chemical Weapons (Prohibition) Regulations 1997 prescribe arrangements that are consistent with Australia’s obligations under the Chemical Weapons Convention. The Chemical Weapons (Prohibition) Amendment Regulations 1998 (No 1) amend the Regulations to prescribe, inter alia, details of the system of permits and notifications set up by the Act to facilitate the collection of information on industrial and other chemical activities in Australia and the conduct of inspections in accordance with the Convention.
The Circuit Layouts Act 1989 provides for rights in respect of eligible layouts made by an “eligible person” or first commercially exploited in Australia or in an “eligible foreign country”. The Circuit Layouts Regulations (“the principal Regulations”) provides that countries listed in the Schedule are eligible foreign countries for the purposes of the Act. The Circuit Layouts Amendment Regulations (No 1) update the list of countries in the Schedule to the principle Regulations, to reflect new obligations arising out of the accession of new Member countries to the World Trade Organisation (“WTO”), consistent with Australia’s obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (ATS (1995) 8).
The Copyright Act 1968 grants and determines the scope of copyright in Australia. The Act authorises the making of regulations to apply the provisions of the Act in relation to foreign countries in certain specified ways. Such countries must be members of a convention relating to copyright or the protection of performers to which Australia is also a party, or the Governor-General must be satisfied that adequate protection is or will be given to Australian copyright or performances in that country. The Copyright (International Protection) Regulations (“the principal Regulations”) apply the Act in the manner specified to countries listed in the Schedule to the principal Regulations. The Copyright (International Protection) Amendment Regulations (No 1) amends the principal Regulations by updating the Schedule and simplifying the provisions of the principal Regulations regarding the term of copyright protection.
Section 270 of the Customs Act 1901 provides for the Governor-General to make regulations prescribing all matters which are required, necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any business relating to the Customs. Division 1 of Part VIII of the Act contains the “rules of origin” provisions which set out the method for determining whether preferential rates of customs duty apply to goods imported into Australia from preference countries. The Forum Island Countries of the South Pacific and Papua New Guinea (“PNG”) are included in the list of preference countries, so that preferential rates apply to goods manufactured in these countries in accordance with an economic cooperation agreement between Australia, New Zealand and Forum Island countries. (That agreement provides the Forum Island countries with duty-free entry into Australia and New Zealand, on a non-reciprocal basis, of goods regarded as originating in those countries.) The Customs Regulations provide a formula for the application of the “rules of origin” provisions of the Act to goods produced by PNG and Forum Island countries. The Customs Regulations (Amendment) aligns the application of the “rules of origin” provisions of the Customs Regulations with their application under the Australia New Zealand Closer Economic Relations Agreement (ATS 1983) 2).
Section 50 of the Customs Act 1901 provides that the Governor-General may by regulation prohibit the importation of goods into Australia unless specified conditions or restrictions are complied with. The Customs (Prohibited Imports) Regulations (Amendment) amends the Customs (Prohibited Imports) Regulations to impose new controls on the importation of kava and refillable cigarette lighters, and to modify controls on the importation of firearms which are imported for the sole purpose of trans-shipment. These changes are consistent with Australia’s WTO obligations.
Section 112 of the Customs Act 1901 allows the Governor-General to make regulations to prohibit the exportation of goods from Australia absolutely, or subject to certain conditions or restrictions. The Customs (Prohibited Exports) Regulations (Amendment) gives effect to United Nations Security Council Resolution 1156, lifting the sanctions relating to the sale or supply of petroleum and petroleum products to Sierra Leone previously imposed by Regulation 13CH of the Customs (Prohibited Exports) Regulations in accordance with United Nations Security Council Resolution 1132 (1997).
The Customs (Prohibited Imports) Regulations (Amendment) modifies the Customs (Prohibited Imports) Regulations to control the importation of articles that “resemble in appearance” real firearms. These changes are consistent with Australia’s WTO obligations.
The Customs Legislation (Antidumping Amendments) Act 1998 amends the anti-dumping and countervailing provisions in Part XVB of the Customs Act 1901, and among other things, abolishes the Anti-Dumping Authority. The Customs Regulations (Amendment) amends aspects of the Customs Regulations, and are consistent with Australia’s WTO obligations.
The Designs Amendment Regulations (No 2) amend Schedule 2A to the Designs Regulations 1992 to include the Kingdom of Cambodia and the Lao People’s Democratic Republic as Convention countries for the purposes of the Designs Act 1906, and makes amendments regarding the payment of fees to the Registrar of Designs.
The Extradition (Commonwealth Countries) Regulations (“the Regulations”) give effect to the Commonwealth Scheme for the Rendition of Fugitive Offenders (“the London Scheme”), an arrangement of less than treaty status. In anticipation of the reversion of Hong Kong to Chinese sovereignty on 1 July 1997, the Extradition (Commonwealth Countries) Regulations (Amendment) amended the list of extradition countries in the Schedule to the Regulations to remove Hong Kong.
Paragraph 11(1)(a) of the Extradition Act 1988 provides that regulations may apply the Act to a specified extradition country subject to such limitations, conditions, exceptions or qualifications as are necessary to give effect to a bilateral extradition treaty between Australia and that other country. The Extradition (Hong Kong) Regulations enable Australia to give domestic effect to the 1993 Agreement for the Surrender of Accused and Convicted Persons between the Government of Australia and the Government of Hong Kong (ATS (1997) 11). The Extradition (Republic of Hungary) Regulations enable Australia to give domestic effect to the Treaty on Extradition between Australia and the Republic of Hungary (ATS (1997) 13).
The Extradition (Republic of South Africa) Regulations apply the Extradition Act 1988, as modified by Regulation 5, to South Africa on the non-treaty basis of reciprocity. The Regulations as originally made were tailored to the requirements of the Extradition Act 1962 (Sth Africa), and required South Africa to provide documents establishing a prima facie case against the fugitive if the fugitive had not yet been convicted. In January 1997, the Extradition Act 1962 (Sth Africa) was amended to allow extradition without provision of evidence. Such “no evidence” extradition is the preferred approach under current Australian extradition policy. The Extradition (Republic of South Africa) Regulations (Amendment) enabled South Africa to extradite from Australia on the same “no evidence” basis on which Australia could extradite from South Africa.
The Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (“the Regulations”) give effect to Australia’s obligations relating to extradition under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (ATS (1993) 4) (“the Convention”). The Regulations apply the Extradition Act 1988 to all countries listed in the Schedules, being countries that were Parties to the Convention when the Regulations were made. The Extradition (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (Amendment) amend the Regulations to update the list of Parties to the Convention.
The Extradition Act 1998 (“the Act”) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Section 11(a) of the Act allows regulations to be made to apply the Act to a specified extradition country to give effect to a bilateral extradition treaty between Australia and that country. The Extradition (Republic of Paraguay) Regulations give domestic effect to the Treaty on Extradition between Australia and the Republic of Paraguay (ATS (1999) 7). Prior to the commencement of these regulations, extradition between Australia and the Republic of Paraguay had been governed by a 12 September 1908 bilateral extradition treaty between Great Britain and Paraguay, which had been given effect in Australia by a British Order in Council.
The Family Law (Child Abduction Convention) Regulations (Amendment) (SR 1997 No 98) amend the Family Law (Child Abduction Convention) Regulations (“the Regulations”) to update the list of Parties to the Convention on the Civil Aspects of International Child Abduction (ATS (1987) 2) (“the Convention”), by including Zimbabwe. They also amend Schedule 2 to the Regulations to note the date the Convention came into force between Zimbabwe and Australia, and to note that Zimbabwe entered a reservation under the Convention excluding any liability of the Government of Zimbabwe for legal costs arising from court proceedings under the Convention.
The Family Law (Child Abduction Convention) Regulations (Amendment) (SR 1997 No 315) amend Schedule 2 to the Family Law (Child Abduction Convention) Regulations to add Colombia and Iceland to the list of Parties to the Convention.
The Family Law (Child Abduction Convention) Regulations (Amendment) (SR 1997 No 347) amend Schedule 2 to the Family Law (Child Abduction Convention) Regulations to add South Africa and Georgia to the list of Parties to the Convention.
Section 110 of the Family Law Act 1975 provides that regulations may provide for the registration and enforcement in Australia of maintenance orders made by courts or authorities of “reciprocating jurisdictions” and for the transmission of maintenance orders made by Australian courts to courts or authorities of reciprocating jurisdictions for enforcement there. The Family Law Regulations (Amendment) update the list of reciprocating jurisdictions in Schedule 2 of the Family Law Regulations to add the States of Colorado and South Carolina. Both Colorado and South Carolina have implemented the United States Uniform Interstate Family Support Act, which provides for the registration and enforcement of support orders issued in foreign jurisdictions such as Australia.
Subsection 125(1) of the Family Law Act 1975 empowers the Governor-General to make regulations for the purposes of the Act. Section 111B of the Act provides that the regulations may make such provision as is necessary to enable Australia to perform its obligations under the Convention on the Civil Aspects of Child Abduction (ATS (1987) 2) (“the Convention”).
The Family Law (Child Abduction Convention) Regulations (Amendment) amends Schedule 2 to the Family Law (Child Abduction Convention) Regulations to update the list of Parties to the Convention to include the Czech Republic. The Family Law (Child Abduction Convention) Amendment Regulations amend Schedule 2 to the Family Law (Child Abduction Convention) Regulations (“the Regulations”) to update the list of Parties to the Convention, by including the Republic of Belarus, the Republic of Moldova and Turkmenistan.
The Rules also amend the Regulations to note that the Republic of Belarus and the Republic of Moldova entered reservations under Article 26 of the Convention excluding any liability for legal costs arising from court proceedings under the Convention.
The Family Law (Child Abduction Convention) Regulations (“the principal Regulations”) provide that the Family Court may make an order for the issue of a warrant for the apprehension or detention of a child who has been wrongfully removed to or from Australia in breach of the Convention on the Civil Aspects of Child Abduction (ATS (1987) 2) (“the Convention”).
The Family Law (Child Abduction Convention) Amendment Regulations (No 3) amend the principal Regulations to prescribe the form of a warrant for the location of an abducted child and also to correct other forms in the principal Regulations.
Sub-section 111C(1) of the Family Law Act 1975 (“the Act”) provides that the Regulations may make such provision as is necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (ATS (1998) 21) (“the Convention”). Sub-section 111C(5) of the Act provides that the Regulations may confer jurisdiction on Federal, Territory or State courts.
The Family Law (Hague Convention on Intercountry Adoption) Regulations give domestic effect to the Convention by making provision for the appointment of Central Authorities to carry out Australia’s obligations under the Convention, to provide for public notification of bodies accredited to carry out functions under the Convention in Australia, to provide for recognition in Australian law of adoption decisions made in other Convention countries and to confer jurisdiction on courts to make adoption orders under the Convention.
The Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations were made under the Fisheries Levy Act 1984 and the Torres Strait Fisheries Act 1984. The Torres Strait Fisheries Act 1984 allows the Minister to grant to a person a licence authorising conduct within certain areas of Australian jurisdiction. These areas are defined in the act to include areas of water within the Torres Strait Protected Zone, as defined in the Torres Strait Treaty. The Regulations set the levy imposed on Torres Strait Prawn Fishery licences.
The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) amends the definition of the Australian season for the catch of Southern Bluefin Tuna (“SBT“) in the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations. The annual global total allowable catch of SBT is determined under the Convention for the Conservation of Southern Bluefin Tuna (ATS (1994) 16).
The Fisheries Management Regulations (Amendment) amends the Fisheries Management Regulations to extend the application of the Fisheries Management Act 1991 to an area of waters in the vicinity of Heard Island and the McDonald Islands, and an area of the Tasman sea adjacent to the Australian Fishing Zone (known as the South Tasman Rise). This enables Australia to give effect to measures determined by the Commission for the Conservation of Antarctic Marine Living Resources pertaining to fishing for Patagonian Toothfish, and to obligations that arise out of a memorandum of understanding between Australia and New Zealand in relation to fisheries research and management in the South Tasman Rise, focusing upon the conservation and management of Orange Roughy stocks.
Section 17(1) of the Fisheries Management Act 1991 (“the Act”) empowers the Australia Fisheries Management Authority (“AFMA”) to determine plans of management for a fishery. AFMA has determined the Southern Bluefin Tuna Management Plan 1995 for the Southern Bluefin Tuna (“SBT“) fishery. The Management Plan is designed to give domestic effect to Australia’s obligations under the Convention for the Conservation of Southern Bluefin Tuna (ATS (1994) 16). The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (“the Regulations”) complement the Plan and prescribe matters in support of the Act relevant to the SBT fishery. The Fisheries Management (Southern Bluefin Tuna Fishery) Amendment Regulations 1998 (No 1) amend the Regulations to implement requirements for the recording and furnishing of returns within a defined time period.
The Fishing Levy Regulations (“the principal Regulations”) specify the amount of levy imposed in respect of fishing concessions granted in relation to particular fisheries referred to in the principal Regulations during particular periods of time. The Fishing Levy Regulations (Amendment) were made under both the Fishing Levy Act 1991 and the Fisheries Management Act 1991 and amend the principle Regulations to set levies for two additional fisheries managed by the Commonwealth: the Heard Island and McDonald Islands Fishery and the South Tasman Rise Fishery.
Section 5(1) of the Foreign Judgements Act 1991 (“the Act”) provides that the regulations may provide that Part 2 of the Act extends in relation to a country if the Governor-General is satisfied that substantial reciprocity of treatment will be assured in relation to the enforcement in that country of money judgements given in Australia. The Foreign Judgements Regulations (Amendment) amend references in the Foreign Judgements Regulations in respect of Hong Kong in anticipation of its reversion to Chinese sovereignty on 1 July 1997, and extend Part 2 of the Act to the Superior Court of Western Samoa.
Part 2 of the Foreign Judgements Act 1991 (“the Act”) provides, amongst other matters, for the registration and enforcement in Australia of judgements given in foreign courts to which the Act has been extended. Regulations may be made under the Act to extend Part 2 of the Act in relation to a country if the Governor-General is satisfied that, in the event that the benefits conferred by Part 2 being applied to money judgements given in the superior courts of that country, substantial reciprocity of treatment will be assured in relation to the enforcement in that country of money judgements given in Australian superior courts.
The Foreign Judgements Regulations (Amendment) extend Part 2 of the Act in relation to specified inferior and superior courts of Poland. The Polish Civil Code provides for the recognition and execution of decisions of foreign courts based on reciprocity.
Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 provides for the making of regulations by the Governor-General. Sections 39X and Y of the Act provide for the preparation of plans of management for species and ecological communities, ensuring that those which are or may become vulnerable or endangered are managed to enable their recovery and continued protection and conservation. The Great Barrier Reef World Heritage Area supports the most substantial remaining populations of dugong. The Great Barrier Reef Marine Park Regulations (Amendment) enable Australia to give effect to its international obligations under the Convention for the Protection of the World Cultural and Natural Heritage (ATS (1975) 47) and the Convention on Wetlands of International Importance especially as Waterfowl Habitat (ATS (1975) 48) for the protection of the dugong, by making provision for the Enforcement Provisions of the Shoalwater Bay (Dugong) Plan of Management in the Great Barrier Reef World Heritage Area.
The Imported Food Control Regulations (Amendment) amend the Imported Food Control Regulations to specify food of a kind imported from New Zealand to which the Imported Food Act 1992 does not apply. The amendments enabled Australia to give effect to obligations under agreements between Australia and New Zealand to harmonise food surveillance and compliance procedures and relax barrier inspection programs applying to certain food traded between the two countries.
Section 111 of the Industrials Chemicals (Notification and Assessment) Act 1989 (“the Act”) provides that the Governor-General may make regulations prescribing (inter alia) matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Section 106(1)(b) of the Act allows regulations to be made prescribing international arrangements which provide for countries to ban, restrict or otherwise regulate the introduction or export of a chemical for the purposes of protecting the environment, public health or occupational health and safety. The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) gives effect to various matters, including prescribing the voluntary scheme described in the London Guidelines for the Exchange of Information on Chemicals in International Trade (decision 15/30 of the Governing Council of the United Nations Environment Program of 25 May 1989) known as “Prior Informed Consent” as a prescribed international arrangement for the purposes of the Act. The Prior Informed Consent Scheme is based upon the principle that the export of a chemical which is banned, severely restricted or withdrawn from use in order to protect human health or the environment should not proceed without the consent of the importing country.
Section 13 of the International Organisations (Privileges and Immunities) Act 1963 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
In 1996 Australia and the Commission for the Conservation of Antarctic Marine Living Resources (“the Commission”) concluded the Headquarters Agreement with the Commission for the Conservation of Antarctic Marine Living Resources (ATS (1986) 21) following a decision of the Commission to establish its Secretariat and headquarters in Hobart. The Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations give effect to all but one provision of the Headquarters Agreement concerning the exemption from sales tax of goods purchased by the Commission. The Commission for the Conservation of Antarctic Marine Living Resources (Privileges and Immunities) Regulations (Amendment) SR 1997 No 394 enable Australia to give effect to this remaining provision of the Headquarters Agreement by exempting goods sold to the Commission from liability to sales tax, if the goods purchased by the Commission are necessary to its official use. The Commission for the Conservation of Southern Bluefin Tuna (Privileges and Immunities) Regulations (Amendment) SR 1997 No 352 enable Australia to give effect to this remaining provision of the draft Headquarters Agreement by exempting goods sold to the Commission from liability to sales tax, if the goods purchased by the Commission are necessary to its official use.
The Energy Charter Conference (Privileges and Immunities) Regulations grant the Energy Charter Conference (“the Conference”) legal personality and capacity to perform its functions in Australia. The Conference was established by the Energy Charter Treaty concluded on 17 December 1994 and has provisional application for all signatories pending that Treaty’s general entry into force. The Regulations also confer various privileges and immunities on the Conference, the Secretary-General of the Conference and more limited privileges and immunities to office holders, officers and staff members of the Conference.
The International Hydrographic Organisation (Privileges and Immunities) Regulations declare the International Hydrographical Organisation (“IHO”) to be an international organisation to which the Act applies. The IHO was established as an international organisation under the Convention on the International Hydrographic Organisation (ATS (1970) 19). The Regulations also confer upon the IHO legal personality and capacity to enable it to exercise its functions in Australia as well as various privileges and immunities in respect of members of the Directing Committee of the IHO and more limited privileges and immunities to office holders of the IHO.
The International Institute for Democracy and Electoral Assistance (Privileges and Immunities) Regulations declare the International Institute for Democracy and Electoral Assistance (“IIDEA”) to be an international organisation to which the Act applies. The IIDEA was established as an international organisation by the Agreement establishing the International Institute for Democracy and Electoral Assistance (ATS (1997) 16). The Regulations also confer upon the IIDEA legal personality and capacity to perform its functions in Australia and, various privileges and immunities upon IIDEA, the Secretary-General of the IIDEA and office holders and staff of the IIDEA.
The International Tribunal for the Law of the Sea (“the Tribunal”) was established by Annex VI to the United Nations Convention on the Law of the Sea (ATS (1994) 31). Under Article 10 of Annex VI, parties are obliged to accord diplomatic privileges and immunities to members of the Tribunal when engaged on Tribunal business. The International Tribunal for the Law of the Sea (Privileges and Immunities) Regulations enable Australia to give domestic effect to this obligation.
The Joint Accreditation System of Australia and New Zealand (“JAS-ANZ”) was established as an international organisation in 1991 by an agreement between Australia and New Zealand (Agreement concerning the Establishment of the Council of the Joint Accreditation System of Australia and New Zealand (ATS (1991) 44)). A new agreement, re-constituting JAS-ANZ was signed on 25 March 1998 (Agreement concerning the Establishment of the Governing Board, Technical Advisory Council and Accreditation Review Board of the Joint Accreditation System of Australia and New Zealand (ATS (1998) 16)). The Joint Accreditation System of Australia and New Zealand (Privileges and Immunities) Regulations declares the re-constituted JAS-ANZ to be an “international organisation” to which the Act applies, and grants JAS-ANZ legal personality and capacity to enable it to exercise its powers and perform its functions in Australia.
The Multilateral Investment Guarantee Fund (“MIGA“) was established as an international organisation by the Convention Establishing the Multilateral Investment Guarantee Agency (ATS (1998) 24) (“the Agreement”). The Multilateral Investment Guarantee Agency (Privileges and Immunities) Regulations declare the MIGA to be an “international organisation” to which the International Organisations (Privileges and Immunities) Act 1963 applies and give effect to a requirement under the Agreement that parties extend certain privileges and immunities to the organisation and its officers.
The International Plant Genetic Resources Institute (“IPGRI”) was established by the Agreement on the Establishment of the International Plant Genetic Resources Institute (ATS (1994) 36). The Agreement requires parties to recognise the international legal personality of IPGRI. The International Plant Genetic Resources Institute (Privileges and Immunities) Regulations declare IPGRI to be an “international organisation” to which the Act applies, and confer upon IPGRI legal personality and capacity to enable it to exercise its powers and perform its functions in Australia.
The International Center for Living Aquatic Resources Management (“ICLARM”) was established by the Agreement to Constitute the International Center for Living Aquatic Resources Management (ICLARM) as an international organisation. The Agreement requires parties to recognise the international legal personality of ICLARM. The International Center for Living Aquatic Resources Management (Privileges and Immunities) Regulations 1998 declare the ICLARM to be an “international organisation” to which the Act applies, and confer upon ICLARM legal personality and capacity to enable it to exercise its powers and perform its functions in Australia.
The International Rice Research Institute was established by the Agreement recognising the international legal personality of the International Rice Research Institute (IRRI) (“the Agreement”). The Agreement requires parties to recognise the international legal personality of the IRRI. The International Rice Research Institute (Privileges and Immunities) Regulations 1998 declare the IRRI to be an “international organisation” to which the Act applies, and confer upon IRRI legal personality and capacity to enable it to exercise its powers and perform its functions in Australia.
The Migration (Angola–United Nations Security Council Resolutions) Regulations implemented the objectives of United Nations Security Council Resolution 1135 (1997), which imposed sanctions against senior officials of the Uniao Nacional para a Independência Total de Angola movement and all adult members of their immediate family (“the target group”). The Regulations prevent the grant of any visa to members of the target group and provide for the cancellation of a visa held by a member of the target group.
The Migration (Iraq–United Nations Security Council Resolutions) Regulations implement the objectives of the United Nations Security Council Resolution 1137 (1997), which imposed sanctions against certain Iraqi officials, or members of Iraqi armed forces, who were responsible for, or participated in, instances of non-compliance mentioned in paragraph 1 of the Resolution (“the target group”). The regulations prevent the grant of any visa to members of the target group.
The Migration (Sierra Leone–United Nations Security Council Resolutions) Regulations implement United Nations Security Council Resolution 1132 (1997), which imposed sanctions against persons associated with the military junta in Sierra Leone (“the target group”), designated by a Committee of the Security Council established for the purposes of that Resolution. The regulations prevent the grant of any visas to members of the target group.
The Migration Regulations (Amendment) amend the Migration Regulations to make permanent residence available to certain persons who have been in Australia under humanitarian agreements and who have remained in Australia for some time with their status unresolved. The people covered are citizens of Kuwait, Iraq, Lebanon, the People’s Republic of China, Sri Lanka and the former Republic of Yugoslavia.
The Migration Regulations (Amendment) amend the Migration Regulations to prevent certain step-children from being disadvantaged by allowing them to apply for, and be granted, certain temporary and permanent visas. These visas were introduced in 1997 by the Migration Regulations (Amendment) (SR 1997 No 279).
The Migration Amendment Regulations (No 9) amend the Migration Regulations to provide, among other matters, new definitions of “SOFA [Status of Forces Agreement] forces civilian component member” and “SOFA forces member”, to give effect to the Agreement concerning the Status of their Forces made between Australia and New Zealand.
The Migration Act 1958 allows regulations to be made to prescribe criteria for visas of a specified class and to prescribe the manner for making applications for a visa of a specified class in specified circumstances. The Migration Amendment Regulations (No 12) amend the criteria for a Subclass 051 bridging visa in respect of persons seeking judicial review of protection visa refusals. The amendments require such persons to give an undertaking to depart Australia if the judicial review proceedings are unsuccessful, and to meet certain public interest criteria.
The Mutual Assistance in Criminal Matters Act 1987 (Regulations) Repeal repeal all existing regulations applying the Mutual Assistance in Criminal Matters Act 1987 (“the Act”) to a country on a unilateral basis without the existence of a treaty. The Regulations were consequential to the proclamation of Schedules 1, 2 and 3 of the Mutual Assistance in Criminal Matters Legislation Amendment Act 1996 (“MA Amendment Act”) on 1 March 1997. The repeal of the “non-treaty” application of the Act’s Regulations was a consequence of the repeal, under Schedule 1 of the MA Amendment Act, of the prior requirement for application of the Act by regulation to a foreign country before mutual assistance could be granted or requested. One effect of the MA Amendment Act is that the Act now applies to all foreign countries. Australia’s existing international obligations under bilateral and multilateral mutual assistance treaties which were already in force were met by savings provisions in Schedule 1 of the MA Amendment Act. The MA Amendment Act contained no such savings provisions in relation to provisions that enabled regulations to apply the Act to a foreign country on a unilateral basis without the existence of a treaty.
The Mutual Assistance in Criminal Matters (Money-Laundering Convention) Regulations enables Australia to give domestic effect to the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime
(ATS (1997) 21) (“the Convention”) in so far as it relates to mutual assistance in criminal matters. The Regulations gave effect to the provisions of the Convention requiring Parties to give effect to other Parties confiscation orders and to assist in identifying and tracing property and freezing or seizing property to prevent its disposal.
Paragraph 7(2)(a) of the Mutual Assistance in Criminal Matters Act 1987 provides that regulations may provide that the Act applies to a specified foreign country subject to any mutual assistance treaty between that country and Australia. The Mutual Assistance in Criminal Matters (Republic of Ecuador) Regulations enable Australia to give domestic effect to the Treaty between the Government of Australia and the Government of the Republic of Ecuador on Mutual Assistance in Criminal Matters (ATS (1997) 27).
The Mutual Assistance in Criminal Matters (Republic of Hungary) Regulations enable Australia to give domestic effect to the Treaty on Extradition between Australia and the Republic of Hungary (ATS (1997) 13).
The Mutual Assistance in Criminal Matters (United Kingdom) Regulations enable Australia to continue to give effect to a treaty between Australia and the United Kingdom (“UK”) concerning the investigation of drug trafficking and confiscation of proceeds. The Regulations also repealed the “non-treaty” application of the Mutual Assistance in Criminal Matters Act 1987 to the UK in all other matters.
The Mutual Assistance in Criminal Matters (Money-Laundering Convention) Regulations (“the principal Regulations”) give domestic effect to the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime (ATS (1997) 21) (“the Convention”) in so far as it relates to mutual assistance in criminal matters. The Mutual Assistance in Criminal Matters (Money-Laundering Convention) Regulations (Amendment) 1998 (No 2) amend the principal Regulations by updating the list of Parties to the Convention in Schedule 3 to include Belgium, Croatia, Iceland, Slovenia and the Ukraine.
The Mutual Assistance in Criminal Matters (Money-Laundering Convention) Amendment Regulations 1998 (No 2) amend the principal Regulations by inserting the name of Spain in Schedule 3, and renaming the existing Regulations in accordance with the revised naming conventions recently adopted for the regulations.
The Mutual Assistance in Criminal Matters (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations (Amendment) enable Australia to implement its international obligations concerning mutual assistance in criminal matters under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (ATS (1993) 4) (“the Convention”). Australia’s obligations under the Convention include obligations to afford other Parties the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to criminal offences listed in the Convention.
Section 74 of the Nuclear Non-Proliferation (Safeguards) Act 1987 provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The principal object of the Act is to give effect to certain obligations that Australia has as a party to the Treaty on the Non-Proliferation of Nuclear Weapons (ATS (1973) 3), the Agency Agreement, the Supplementary Agency Agreements and prescribed international agreements. The Nuclear Non-Proliferation (Safeguards) Regulations (Amendment) enables Australia to give domestic effect to the Protocol additional to Australia’s Safeguards Agreement with the International Atomic Energy Agency, as well as give domestic effect to the Agreement between the Government of Australia and the Government of the United Mexican States concerning Cooperation in Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material (ATS (1992) 32).
The Nuclear Non-Proliferation (Safeguards) Regulations (Amendment) enable Australia to give effect to several bilateral agreements which are relevant to the operation of the Nuclear Non-Proliferation (Safeguards) Act 1987 (“Safeguards Act”), but which had not been prescribed. The amendments were necessary to ensure that actions taken under the Australian Radiation Protection and Nuclear Safety Bill (“ARPANS”) would be consistent with Australia’s obligations under international agreements. In order for an agreement to be taken into account under the ARPANS legislation, it is necessary for an agreement to be prescribed under the Safeguards Act.
The Overseas Missions (Privileges and Immunities) Act 1995 (the Act) specifically applies to foreign territories which are to some extent self-governing but which are not recognised as independent sovereign states by Australia. The Act provides a framework within which privileges and immunities can be conferred upon the premises of, and persons associated with, an “overseas mission” representing a foreign territory. Section 13 of the Act provides for the Governor-General to make regulations under the Act. The Taipei Economic and Cultural Office (Privileges and Immunities) Regulations 1998 declare the Taipei Economic and Cultural Office (“TECO”) to be a designated Overseas Mission to which the Act applies, and confers upon TECO and persons associated with it privileges and immunities pursuant to sections 6 and 7 of the Act. The Regulations replace the previous Regulations according privileges and immunities to TECO under the International Organizations (Privileges and Immunities) Act 1963. The previous Regulations were automatically repealed on October 17 1998 by the International Organizations (Privileges and Immunities) Act 1963.
The Patents Regulations (Amendment) implements amendments made to the Regulations under the Patent Cooperation Treaty (ATS (1980) 6) which were adopted by the Assembly of the Patent Cooperation Treaty on 1 October 1997.
The Patents Amendment Regulations amends the Patents Regulations 1991 (“the principal Regulations”) to implement amendments made to the rules under the Patents Cooperation Treaty (“PCT Rules”) that were adopted by the Assembly of the PCT at its 26th session from 7 to 15 September 1998. The Rules also amend Schedule 2 to the principal Regulations to implement two sub-rules that were agreed by the Assembly of the PCT and also update the list of Convention countries in Schedule 4 to the principal regulations to include the Kingdom of Cambodia and the Lao People’s Democratic Republic.
The Radiocommunications Amendment Regulations (No 1) amends the Radiocommunications Regulations to facilitate the licensing of proposed satellite services, to provide for consequential amendments to the new communications legislation and to accommodate changes for marine rescue services. In particular, the regulations amend the definition of “Distress, Urgency, Alarm and Safety Signals” to incorporate references to the Radio Regulations published by the International Telecommunications Union, as in force from time to time.
The Telecommunications (Environmental Impact Information) Regulations prescribe information that is required to be provided by telecommunications carriers for the purposes of environmental impact assessments of proposed installations and facilities. The regulations require carriers to describe the likely impacts on the environment of the installation, operation and maintenance of facilities including biophysical conservation and heritage values and features. A number of these matters are relevant to Australia’s implementation of obligations under the Convention for the Protection of the World Cultural and Natural Heritage (ATS (1975) 47).
The Trade Marks Amendment Regulations (No 3) amend Schedule 10 to the Trade Marks Regulations 1995 (“the Regulations”) to include the Kingdom of Cambodia and the Lao People’s Democratic Republic as Convention countries for the purposes of the Trade Marks Act 1995. The Regulations also make other amendments to the operation of the Regulations regarding the registration of Trade Marks.
[*] International Trade and Environment Law Branch, Office of International Law, Attorney-General’s Department, Canberra.
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URL: http://www.austlii.edu.au/au/journals/AUYrBkIntLaw/1998/7.html