1993-94-95

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

THE SENATE

________________

(SENATOR BOURNE)

A BILL

FOR

An Act to provide for the parliamentary approval of

treaties and for related purposes

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Parliamentary Approval of Treaties Act 1995.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretation

3. In this Act:

'enter into force in respect of Australia':

(a)  in relation to a treaty, refers to the treaty becoming binding upon Australia;

(b)  in relation to a reservation by Australia to a treaty in the application of section 9 to the reservation, refers to the reservation having effect in respect of Australia's adherence to the treaty;

'House' means a House of the Parliament;

'treaty' means any agreement or proposed agreement in writing between two or more countries, or one or more countries and one or more international organisations, including a protocol or attachment to such an agreement, which confers or imposes or would confer or impose rights and obligations upon those countries or which is intended to be binding upon the parties to the treaty.

Treaties not to enter into force until approved

4. Action by which a treaty would enter into force in respect of Australia must not be taken before the treaty is approved in accordance with this Act.

Treaties and accompanying documents to be tabled

5.(1) When it is proposed that a treaty enter into force in respect of Australia, the Minister must make a declaration to that effect published in the Gazette.

(2) A copy of a treaty referred to in a declaration under subsection (1) must be tabled in each House within 15 sitting days of that House after the gazettal of the declaration.

(3) A copy of a treaty tabled in each House under subsection (2) shall be accompanied by:

(a)  a treaty impact statement, setting out:

(i) reasons for Australia being a party to the treaty; and

(ii) any advantages and disadvantages to Australia of the treaty entering into force in respect of Australia; and

(iii) obligations which would be imposed on Australia by the treaty; and

(iv) any economic, social and environmental effects of the treaty, of the treaty entering into force in respect of Australia, and of the treaty not entering into force in respect of Australia; and

(v) the costs to Australia of compliance of the treaty; and

(vi) the likely effects of any subsequent protocols to the treaty; and

(vii) measures which could or should be adopted to implement the treaty, and the intentions of the government in relation to such measures, including legislation; and

(b)  a statement setting out the consultations which have occurred between the Commonwealth, the states and the territories in respect of the treaty.

Approval of treaties

6. A treaty is approved in accordance with this Act if:

(a)  the treaty and accompanying documents are tabled in each House in accordance with section 5; and

(b)  notice of a motion that the treaty be considered is not given in either House within 15 sitting days of that House after the treaty is tabled in that House; or

(c)  such a notice is given in only one House within the period referred to in paragraph (b) and, subsequent to the giving of the notice, that House passes a resolution approving the treaty; or

(d)  such a notice is given in each House within the period referred to in paragraph (b), and each House, subsequent to the giving of the notice in that House, passes a resolution approving the treaty.

Withdrawal of a notice of motion

7.(1) A notice of motion given in accordance with section 6 for the consideration of a treaty may not be withdrawn except in accordance with a notice of intention to withdraw the notice on a subsequent day.

(2) When a notice of intention to withdraw a notice of motion is given in a House, another member of that House may, before the notice is withdrawn, substitute his or her name, as mover of the motion, for the name of the member who gave the notice, and the notice is then deemed not to have been withdrawn.

Effect of dissolution etc. on a notice of motion

8. If, after notice of a motion has been given in accordance with section 6 in respect of a treaty:

(a)  the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

(b)   at the time of the dissolution, expiry or prorogation:

  (i) the notice of motion has not been withdrawn; or

 (ii) the motion has not been called on; or

(iii) the motion has been called on and moved and has not been withdrawn or otherwise disposed of;

for the purposes of section 6 the treaty is deemed to be tabled in the House in which the notice was given on the first sitting day of that House after the dissolution, expiry or prorogation.

Approval of reservations

9. When there is a reservation by Australia in respect of a treaty proposed to enter into force in respect of Australia, this Act applies to the reservation as if the reservation were a treaty.

Parliamentary Approval of Treaties     No.     , 1995

Parliamentary Approval of Treaties     No.     1995 

 

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