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Thursday, 12 August 2004
Page: 26438


Senator HILL (Minister for Defence) (11:18 PM) —Now that Senator Nettle is with us, I will repeat what I said. The starting point is article 4.3.4 on page 4-5 of the act, which provides in part:

... the exporting party, through its competent authority, shall permit the importing party, through its competent authority, to assist in a verification conducted ...

On the Australian side, we went straight from that to the enabling legislation. On the American side, they bring into law the agreement, which was the provision that I just read out. They then pass enabling legislation that has within it a head of power, which is section 103 of the US enabling legislation. Under that head of power the US is intending to issue a regulation. When those processes are finished, the outcome should be complementary provisions on both sides, albeit achieved in different ways.

I am hoping I do not have to say much more, but I will do what Senator Ridgeway did and thank particularly the officials for their endurance and good advice in this matter. I found it quite an ordeal for four days; some of them told me they had been working on it for two years. I thank them and I thank all senators for the good spirit in which they have conducted a long debate.