Mr Hollis asked the Attorney-General, upon notice, on 24 August 1999:

What international (a) conventions, (b) treaties and (c) agreements have been implemented by federal legislation since the answer to question No 764 (Hansard , 21 November 1996, page 7361).

Mr Williams (Attorney-General) —The answer to the honourable member's question is as follows:

I note that the honourable member has asked for this information in a series of questions going back some years. In the Government's response to the Senate Legal and Constitutional References Committee report Trick or Treaty? Commonwealth Power to Make and Implement Treaties, a commitment was made to provide an annual list to the Parliament of Commonwealth legislation specifically implementing treaties. The complete lists for 1996-1997 have been compiled and are set out below. The 1998 list is under preparation and will be tabled as soon as possible.

I am informed that the following Acts passed by the Federal Parliament during 1996 and 1997 expressly implemented international conventions, treaties or agreements. Included under the name of each Act is a brief explanation setting out the relevant international convention, treaty or agreement or other matter of international law.

Dairy Produce Amendment Act 1996 (No 3 of 1996)

This Act complements the Dairy Produce Levy (No 1) Amendment Act 1996 in providing the legal framework for the administration of the dairy market support scheme by the Australian Dairy Corporation. The provisions of the Act revise the definitions of market milk and manufacturing milk, by reference to the Dairy Produce Levy (No 1) Amendment Act 1996 to allow the established milk payment practices of the dairy industry to continue unchanged and to remain consistent with the World Trade Organisation Agreement.Dairy Produce Levy (No. 1) Amendment Act 1996 (No 4 of 1996)

This Act introduced minor but necessary amendments to ensure consistency between industry milk payment practices and the dairy market support legislation. Following the Uruguay round of trade negotiations, Australia introduced new arrangements from 1 July 1995 to deliver assistance to dairy producers through a clearly defined and transparent domestic support scheme. Administration of the scheme by the Australian Dairy Corporation (ADC) is on the basis of industry milk payment practices which were not consistent with the legislation. This Act retrospectively aligned the market support legislation with the administrative arrangements of the ADC. The market support arrangements remain consistent with the World Trade Organisation Agreement.

Hazardous Waste (Regulation of Exports and Imports) Act 1996 (No 7 of 1996)

This Act amended the Hazardous Waste (Regulation of Exports and Imports) Act 1989 to ensure that Australia can discharge its obligations under international instruments relating to the control of transboundary movements of hazardous waste. The Basel Convention was drafted to cover the process of final disposal and recovery operations of hazardous waste, and both kinds of processes are included in the Convention definitions under the single term `disposal'. The principal Act had to be widened to cover a wide range of hazardous wastes from which valuable materials are to be recovered. Amending the Act remedied the discrepancy between our international obligations and our domestic legislation.

Customs Tariff (Miscellaneous Amendments) Act 1996 (No 15 of 1996)

The Act introduced changes to the Customs Tariff Act 1995. The 1995 Tariff Act reflected some 350 changes to the International Convention on the Harmonized Commodity Description and Coding System of the World Customs Organisation in 1993. Australia became a party to the Convention in 1987. The 1995 Tariff Act gave effect to Australia's obligations to align its tariff structure with the international standard. The 1987 Tariff Act was repealed by Part 3 of the 1995 Tariff Act with effect from 1 July 1996. Schedule 1 of this Act allows for the update of all references from the 1987 Tariff Act to the 1995 Tariff Act and its corresponding provisions to ensure their continued effectiveness. Schedule 2 allows a similar update to several types of instruments such as by-laws and Tariff Concession Orders.

Primary Industries and Energy Legislation Amendment Act (No 1) 1996 (No 18 of 1996)

This Act introduced amendments to various Acts for which the then Department of Primary Industries and Energy had responsibility including the Offshore Minerals Act 1994 ('Minerals Act'). Section 15 of the Minerals Act was amended to preserve the integrity of licences granted under the Act, the boundaries of which might be affected by changes in the location of the territorial sea baseline. Previously the section applied only where changes to the baseline might be caused by natural processes such as tides or storms. The amendment expanded the section to apply it to changes in the location of the baseline resulting from acquisition of new data or reconsideration of existing data.

Australian Sports Drug Agency Amendment Act 1996 (No 20 of 1996)

This Act amended the Australian Sports Drug Agency Act 1990. This amendment allowed the Australian Sports Drug Agency (ASDA), amongst other things, to work more cooperatively with international sports organisations to conduct tests both at major sporting events and out of competition on an annual basis. It further enhanced the role of ASDA in aiming to eliminate drugs in sport in line with anti-doping agreements that Australia has concluded with other countries, including the United Kingdom, Canada, France, New Zealand and Norway, and is in line with the Council of Europe Anti-Doping Convention to which Australia has acceded.

Telecommunications (Carrier Licence Fees) Amendment Act 1996 (No 26 of 1996)

This amendment to the Telecommunications (Carrier Licence Fees) Act 1991 allowed the Government to collect the full telecommunications carriers' share of the United Nations International Telecommunication Union (ITU) contribution. The unamended Act would not have allowed this as the collection of the full telecommunications carriers' share of the ITU contribution would have exceeded the amount provided for under the Act. The ITU is a UN specialised agency which is concerned with international cooperation in the use of telecommunications and the radio frequency spectrum.

Crimes Amendment (Controlled Operations) Act 1996 (No. 28 of 1996)

This Act amended the Crimes Act 1914 to exempt from criminal liability certain law enforcement officers who engage in `controlled operations' to obtain evidence of offences relating to narcotic goods and related purposes. The Act gave effect to certain provisions in the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, which deals with controlled operations to counter organised and sophisticated traffickers.

Australian Law Reform Commission Act 1996 (No 32 of 1996)

One provision of this Act requires the Law Reform Commission to aim at ensuring that the laws, proposals and recommendations it reviews, considers or makes are, as far as practicable, consistent with the International Covenant on Civil and Political Rights and that in performing its functions it pays regard to all of Australia's relevant international obligations.

Taxation Laws Amendment (International Tax Agreements) Act 1996 (No 39 of 1996)

This Act gave legislative force to the provisions of the double taxation agreement between the Australian Commerce and Industry Office and the Taipei Economic and Cultural Office signed on 29 May 1996 in Canberra. The Act inserted the text of the Agreement into the Income Tax (International Agreements) Act 1953 as a schedule to that Act.

Mutual Assistance in Criminal Matters Legislation Amendment Act 1996 (No 40 of 1996)

This Act regulates the provision by Australia of international assistance in criminal matters when certain requests are made by a foreign country, and it facilitates the obtaining by Australia of international assistance in criminal matters. The Act applies to all foreign countries unless the Regulations provide that it is subject to any mutual assistance treaty between that country and Australia and any multilateral mutual assistance treaty (being a treaty to which that country is a party).

Airports Act 1996 (No 42 of 1996)

This Act provides the legislative framework for granting leases to airport specific companies and the transfer of assets and obligations associated with those airport operations from the Federal Airports Corporation. The Act provides for Australia to require airport operators to meet international airservice obligations, and if necessary, specific regulations can be made to this effect. A specific object of the Act is the implementation of international obligations relating to airports such as those contained in the Convention on International Civil Aviation.

Primary Industries and Energy Legislation Amendment Act (No 2) 1996 (No 59 of 1996)

This Act introduced amendments to a number of Acts for which the then Department of Primary Industries and Energy was responsible. These amendments include the repeal of the International Sugar Agreement Act 1978. The latter Act approved appropriations for the purpose of giving effect to the International Sugar Agreement 1977.

These amendments also concerned the management of chemicals subject to import and export restrictions under international obligations such as the prior informed consent procedures. Obtaining information from the National Registration Authority for Agricultural and Veterinary Chemicals is a part of this management role.

Workplace Relations and other Legislation Amendment Act 1996 (No 60 of 1996)

This Act provides a framework for cooperative workplace relations which promote the economic prosperity and welfare of the people of Australia by, inter alia, respecting and valuing the diversity of the work force through the prevention and elimination of discrimination and by assisting in giving effect to Australia's international obligations in relation to labour standards.

Carriage of Goods by Sea Amendment Act 1997 (No.123 of 1997)

This Act 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 removed 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 replaced it with a mechanism for regular review regarding international adoption of the Hamburg Rules. In addition, this Act added 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.

Customs Tariff Amendment Act (No.2) 1997 (No.192 of 1997)

This Act introduced changes to the Customs Tariff Act 1995. The amendments contained in Schedule 2 of this Act abolished 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, 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 this Act contains amendments which abolished 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 reinstated the intended tariff assistance on surgical drapes and clarified our international tariff obligations in regard to certain types of lamps and power supply units for computers.

Environment, Sport and Territories Legislation Amendment Act 1997 (No. 118 of 1997)

The Act amended the Environment Protection (Sea Dumping) Act 1981 ('the Sea Dumping Act') to bring it in 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 London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter ('the London Convention'). Section 35 of Schedule 1 of the Act inserted 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 made a number of minor technical amendments to the Ozone Protection Act 1989 which implements the Montreal Protocol on Substances that Deplete the Ozone Layer.

Fisheries Legislation Amendment Act 1997 (No. 120 of 1997)

Schedule 3 of this Act amended the Torres Strait Fisheries Act 1984. The Fisheries Legislation Amendment Act governs rights of fishing in waters between Australia and Papua New Guinea, in accordance with agreements made in the Torres Strait Treaty regarding sovereignty and maritime boundaries between the two countries. Clause 1 of Schedule 3 inserted new section 15A into the Act. Section 15A 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.

Foreign Affairs and Trade Legislation Amendment Act 1997 (No. 150 of 1997)

This is an omnibus Act that amended four Acts administered by the Department of Foreign Affairs and Trade. The major amendments:

. extended 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);

. allowed 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);

. tightened 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);

. enabled 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);

. implemented 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).

International Monetary Agreements Amendment Act 1997 (No. 127 of 1997)

This Act amended 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 principal Act.

International Tax Agreements Amendment Act (No.1) 1997 (No.80 of 1997)

This Act provided legislative authority for the entry into force of an exchange of notes amending the comprehensive Double Taxation Agreement between Australia and Vietnam. 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 undertaking in 1992, the time the Double Taxation Agreement with Vietnam was signed, 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.

International Transfer of Prisoners Act 1997 (No.75 of 1997)

This Act 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.

Law and Justice Legislation Amendment Act 1997 (No.34 of 1997)

This Act is an omnibus Act that amended a number of Acts falling within the portfolio of the Attorney-General and the Minister for Justice. Schedule 7 of the Act amended the Family Law Act 1975. The amending Act extends 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 Cooperation in Respect of Intercountry Adoption.

Multilateral Investment Guarantee Agency Act 1997 (No.126 of 1997)

This Act allows appropriations from the Consolidated Revenue Fund for payments required to be made under the Convention establishing the Multilateral Investment Guarantee Agency (MIGA). Australia signed the Convention on 30 September 1996, subject to ratification. 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.

Natural Heritage Trust of Australia Act 1997 (No.76 of 1997)

This Act established 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:

. Convention for the Protection of the Ozone Layer;

. Convention on Biological Diversity;

. Convention on International Trade in Endangered Species of Wild Fauna and Flora;

. Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;

. Convention for the Protection of the World Cultural and Natural Heritage;

. Framework Convention on Climate Change; and

. Convention on Wetlands of International Importance especially as Waterfowl Habitat.

Telecommunications (Carrier Licence Fees) Termination Act 1997 (No.50 of 1997)

This Act terminated the imposition of fees under the Telecommunications (Carrier Licence Fees) Act 1991. It imposed a licence fee in respect of general and mobile telecommunications licences for the financial year ended 1 July 1997 and increased 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 new 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 co-operation in the use of telecommunications and the radio frequency spectrum.

Telecommunications Act 1997 (No.47 of 1997)

This Act implemented 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.

Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997 (No.59 of 1997)

This Act provided for the transition to the new 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) and the Convention on the International Maritime Satellite Organisation (INMARSAT). 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.

Transport Legislation Amendment (Search and Rescue Service) Act 1997 (No.130 of 1997)

This Act facilitated the amalgamation of the Commonwealth's civil maritime and aviation search and rescue coordination functions into one national centre, and increased 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 made 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 Convention for the Safety of Life at Sea 1974, the International Convention on Maritime Search and Rescue 1979 and Article 7 of the Chicago Convention on International Civil Aviation. These Conventions relate to the provision of adequate search and rescue services for persons in distress at sea or in aircraft.