- Jul 2, 2018
- 3,065
 |
Headquarters |
 |
Nishi Building, Civic, Australian Capital Territory |
Ministers |
| Office: | Officeholder: | Image: |
|---|---|---|
| Minister for Communications and the Arts | The Honourable Stephen Smith, MP | |
| Parliamentary Secretary to the Minister for Communications and the Arts | The Honourable Laurie Ferguson, MP | |
| Secretary of the Department of Communications and the Arts | Drew Clarke, AO, PSM, FTSE |  |
...
 |
Location |
 |
East Block, Parkes, Australian Capital Territory |
Overview |
| The National Archives of Australia (NAA), formerly known as the Commonwealth Archives Office and Australian Archives, is an Australian Government agency that is the official repository for all federal government documents. It collects, preserves and provides public access to these documents, as well as other archival material related to Australia that the Archives judge ought to be preserved. Established under and governed by the Archives Act 1983, the body also has a role in promoting good information management by government agencies. The NAA also develops exhibitions, publishes books and guides to the collection, and delivers educational programs. Under the Act, the National Archives has two main roles:
|
 |
Australia, New Zealand, United States Security Treaty |
SECURITY TREATY BETWEEN AUSTRALIA, NEW ZEALAND, AND THE UNITED STATES OF AMERICA |
| THE PARTIES TO THIS TREATY, REAFFIRMING their faith in the purposes and principles of the Charter of the Global Assembly and their desire to live in peace with all peoples and all Governments, and desiring to strengthen the fabric of peace in the Pacific Area, NOTING that the United States already has arrangements pursuant to which its armed forces are stationed in the Pacific Area, RECOGNIZING that Australia and New Zealand as members of the British Commonwealth of Nations have military obligations outside as well as within the Pacific Area, DESIRING to declare publicly and formally their sense of unity, so that no potential aggressor could be under the illusion that any of them stand alone in the Pacific Area, and DESIRING further to coordinate their efforts for collective defense for the preservation of peace and security pending the development of a more comprehensive system of regional security in the Pacific Area, THEREFORE DECLARE AND AGREE as follows: |
Article I |
| The Parties undertake, as set forth in the Charter of the Global Assembly, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the Global Assembly. |
Article II |
| In order more effectively to achieve the objective of this Treaty the Parties separately and jointly by means of continuous and effective self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack. |
Article III |
| The Parties will consult together whenever in the opinion of any of them the territorial integrity, political independence or security of any of the Parties is threatened in the Pacific. |
Article IV |
| Each Party recognizes that an armed attack in the Pacific Area on any of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes. |
Article V |
| For the purpose of Article IV, an armed attack on any of the Parties is deemed to include an armed attack on the metropolitan territory of any of the Parties, or on the island territories under its jurisdiction in the Pacific or on its armed forces, public vessels or aircraft in the Pacific. |
Article VI |
| This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the Global Assembly or the responsibility of the Global Assembly for the maintenance of international peace and security. |
Article VII |
| The Parties hereby establish a Council, consisting of their Foreign Ministers or their Deputies, to consider matters concerning the implementation of this Treaty. The Council should be so organized as to be able to meet at any time. |
Article VIII |
| Pending the development of a more comprehensive system of regional security in the Pacific Area and the development by the Global Assembly of more effective means to maintain international peace and security, the Council, established by Article VII, is authorized to maintain a consultative relationship with States, Regional Organizations, Associations of States or other authorities in the Pacific Area in a position to further the purposes of this Treaty and to contribute to the security of that Area. |
Article IX |
| This Treaty shall be ratified by the Parties in accordance with their respective constitutional processes. The instruments of ratification shall be deposited as soon as possible with the Government of Australia, which will notify each of the other signatories of such deposit. The Treaty shall enter into force as soon as the ratifications of the signatories have been deposited. |
Article X |
| This Treaty shall remain in force indefinitely. Any Party may cease to be a member of the Council established by Article VII one year after notice has been given to the Government of Australia, which will inform the Governments of the other Parties of the deposit of such notice. |
Article XI |
| This Treaty in the English language shall be deposited in the archives of the Government of Australia. Duly certified copies thereof will be transmitted by that Government to the Governments of each of the other signatories. |
| IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty. DONE at the city of Wellington this sixth day of July, 2004. FOR AUSTRALIA: [Signed:] Julia E. Gillard FOR NEW ZEALAND: [Signed:] Helen E. Clark FOR THE UNITED STATES OF AMERICA: [Signed:] |
TREATY BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND ESTABLISHING CERTAIN EXCLUSIVE ECONOMIC ZONE AND CONTINENTAL SHELF BOUNDARIES |
| THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND ("the Parties") CONSCIOUS of their geographic proximity, long-standing friendship, and close historic, political and economic relationship; BELIEVING that the establishment of boundaries in the maritime areas between the two countries will encourage and promote the sustainable development of the marine resources of those areas and enhance the protection and preservation of the marine environment adjacent to the two countries; and TAKING INTO ACCOUNT the Global Assembly Convention on the Law of the Sea to which both Australia and New Zealand are party, and, in particular, Articles 74 and 83 which provide that the delimitation of the exclusive economic zone and continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law in order to achieve an equitable solution; AGREE as follows: |
Article 1 Definitions |
| 1. In this treaty, “nautical mile” means the International Nautical Mile, equivalent to 1852 metres. 2. The coordinates in this treaty are defined in terms of the International Terrestrial Reference Frame 2000 as defined by the International Earth Rotation Service at epoch 1 January 2000. |
Article 2 Exclusive Economic Zone and Continental Shelf between Australia in respect of Lord Howe Island and Norfolk Island and New Zealand |
| 1. In the area between Lord Howe Island and the North Island of New Zealand, and between Norfolk Island and the Three Kings Islands, the boundary between the exclusive economic zone and continental shelf that appertain to Australia and the exclusive economic zone and continental shelf that appertain to New Zealand is the line commencing at the point of latitude 25˚ 41' 58.77" south, longitude 173˚ 59' 27.48" east (“Point ANZ 1”) and running: (a) thence south-westerly along the geodesic to the point of latitude 27˚ 05' 37.98" south, longitude 171˚ 54' 30.61" east (“Point ANZ 2”); (b) thence southerly along the geodesic to the point of latitude 27˚ 29' 53.98" south, longitude 171˚ 58' 42.98" east (“Point ANZ 3”); (c) thence southerly along the geodesic to the point of latitude 27˚ 52' 50.38" south, longitude 171˚ 58' 51.31" east (“Point ANZ 4”); (d) thence southerly along the geodesic to the point of latitude 28˚ 13' 20.83" south, longitude 171˚ 56' 10.22" east (“Point ANZ 5”); (e) thence southerly along the geodesic to the point of latitude 28˚ 52' 49.54" south, longitude 171˚ 56' 16.16" east (“Point ANZ 6”); (f) thence southerly along the geodesic to the point of latitude 30˚ 25' 42.70" south, longitude 171˚ 56' 30.44" east (“Point ANZ 7”); (g) thence south-westerly along the geodesic to the point of latitude 30˚ 43' 29.25" south, longitude 171˚ 28' 45.57" east (“Point ANZ 8”); (h) thence south-westerly along the geodesic to the point of latitude 30˚ 53' 11.23" south, longitude 171˚ 13' 28.85" east (“Point ANZ 9”); (i) thence south-westerly along the geodesic to the point of latitude 31˚ 16' 01.68" south, longitude 170˚ 37' 06.34" east (“Point ANZ 10”); (j) thence south-westerly along the geodesic to the point of latitude 31˚ 19' 31.67" south, longitude 170˚ 31' 15.10" east (“Point ANZ 11”); (k) thence south-westerly along the geodesic to the point of latitude 31˚ 40' 26.30" south, longitude 169˚ 56' 12.27" east (“Point ANZ 12”); (l) thence south-westerly along the geodesic to the point of latitude 31˚ 47' 23.99" south, longitude 169˚ 44' 25.06" east (“Point ANZ 13”); (m) thence south-westerly along the geodesic to the point of latitude 32˚ 04' 50.57" south, longitude 169˚ 14' 37.00" east (“Point ANZ 14”); (n.) thence south-westerly along the geodesic to the point of latitude 32˚ 06' 52.74" south, longitude 169˚ 11' 06.79" east (“Point ANZ 15”); (o) thence south-westerly along the geodesic to the point of latitude 32˚ 25' 18.55" south, longitude 168˚ 39' 03.72" east (“Point ANZ 16”); (p) thence clockwise westerly along the geodesic arc of radius 200 nautical miles concave to Norfolk Island to the point of latitude 32˚ 22' 18.95" south, longitude 166˚ 58' 54.37" east (“Point ANZ 17”); (q) thence clockwise westerly along the geodesic arc of radius 200 nautical miles concave to Norfolk Island to the point of latitude 32˚ 09' 22.23" south, longitude 166˚ 17' 34.30" east (“Point ANZ 18”); (r) thence clockwise north-westerly along the geodesic arc of radius 200 nautical miles concave to Norfolk Island to the point of latitude 31˚ 53' 49.17" south, longitude 165˚ 46' 20.73" east (“Point ANZ 19”); (s) thence clockwise north-westerly along the geodesic arc of radius 200 nautical miles concave to Norfolk Island to the point of latitude 31˚ 30' south, longitude 165˚ 13' 27.08" east (“Point ANZ 20”); (t) thence south-westerly along the geodesic to the point of latitude 32˚ 30' south, longitude 163˚ 06' 58.81" east (“Point ANZ 21”); (u) thence clockwise southerly along the geodesic arc of radius 200 nautical miles concave to Lord Howe Island to the point of latitude 33˚ 52' 40.25" south, longitude 162˚ 21' 59.44" east (“Point ANZ 22”); (v) thence south-easterly along the geodesic to the point of latitude 36˚ 36' 25.68" south, longitude 163˚ 15' 37.64" east (“Point ANZ 23”); (w) thence clockwise south-westerly along the geodesic arc of radius 350 nautical miles concave to Lord Howe Island to the point of latitude 37˚ 26' 21.31" south, longitude 161˚ 04' 38.06" east (“Point ANZ 24”); (x) thence south-westerly along the geodesic to the point of latitude 37˚ 30' 11.12" south, longitude 161˚ 00' 14.00" east (“Point ANZ 25”); (y.) thence south-westerly along the geodesic to the point of latitude 37˚ 43' 11.18" south, longitude 160˚ 49' 46.53" east (“Point ANZ 26”); (z) thence south-westerly along the geodesic to the point of latitude 37˚ 52' 48.02" south, longitude 160˚ 41' 59.88" east (“Point ANZ 27”); (za) thence south-westerly along the geodesic to the point of latitude 38˚ 03' 21.95" south, longitude 160˚ 33' 24.99" east (“Point ANZ 28”); (zb) thence south-westerly along the geodesic to the point of latitude 38˚ 19' 36.19" south, longitude 160˚ 23' 49.32" east (“Point ANZ 29”), where it terminates. 2. Illustrative maps depicting the line described in paragraph 1 of this Article form Annexes 1 and 2 to this Treaty. |
Article 3 Exclusive Economic Zone and Continental Shelf between Australia in respect of Macquarie Island and New Zealand in respect of Auckland and Campbell Islands |
| 1. In the area between Macquarie Island and Auckland and Campbell Islands, the boundary between the exclusive economic zone and continental shelf that appertain to Australia and the exclusive economic zone and continental shelf that appertain to New Zealand is the line commencing at the point of latitude 51˚ 04' 48.96" south, longitude 158˚ 01' 25.98" east (“Point ANZ 30”) and running: (a) thence clockwise easterly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to the point of latitude 51˚ 01' 38.44" south, longitude 158˚ 59' 53.57" east (“Point ANZ 31”); (b) thence clockwise easterly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to point of the latitude 51˚ 10' 36.30" south, longitude 160˚ 37' 30.11" east (“Point ANZ 32”); (c) thence south-easterly along the geodesic to the point of latitude 51˚ 26' 17.80" south, longitude 160˚ 57' 46.87" east (“Point ANZ 33”); (d) thence south-easterly along the geodesic to the point of latitude 52˚ 11' 26.54" south, longitude 161˚ 57' 11.15" east (“Point ANZ 34”); (e) thence south-easterly along the geodesic to the point of latitude 52˚ 15' 53.24" south, longitude 162˚ 03' 07.43" east (“Point ANZ 35”); (f) thence south-easterly along the geodesic to the point of latitude 52˚ 27' 43.12" south, longitude 162˚ 18' 59.49" east (“Point ANZ 36”); (g) thence south-easterly along the geodesic to the point of latitude 52˚ 40' 46.86" south, longitude 162˚ 36' 30.28" east (“Point ANZ 37”); (h) thence south-easterly along the geodesic to the point of latitude 52˚ 46' 50.62" south, longitude 162˚ 44' 42.77" east (“Point ANZ 38”); (i) thence south-easterly along the geodesic to the point of latitude 52˚ 47' 42.61" south, longitude 162˚ 45' 53.41" east (“Point ANZ 39”); (j) thence south-easterly along the geodesic to the point of latitude 53˚ 42' 58.16" south, longitude 164˚ 03' 13.39" east (“Point ANZ 40”); (k) thence south-easterly along the geodesic to the point of latitude 53˚ 50' 59.84" south, longitude 164˚ 14' 42.04" east (“Point ANZ 41”); (l) thence south-easterly along the geodesic to the point of latitude 54˚ 13' 58.99" south, longitude 164˚ 26' 41.46" east (“Point ANZ 42”); (m) thence south-easterly along the geodesic to the point of latitude 54˚ 40' 13.65" south, longitude 164˚ 40' 40.22" east (“Point ANZ 43”); (n.) thence south-easterly along the geodesic to the point of latitude 54˚ 41' 43.03" south, longitude 164˚ 41' 28.44" east (“Point ANZ 44”); (o) thence clockwise south-westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to the point of latitude 54˚ 56' 14.18" south, longitude 164˚ 39' 00.39" east (“Point ANZ 45”); (p) thence clockwise south-westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to the point of latitude 55˚ 00' 11.94" south, longitude 164˚ 38' 17.35" east (“Point ANZ 46”); (q) thence clockwise south-westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to the point of latitude 55˚ 10' 06.11" south, longitude 164˚ 36' 21.26" east (“Point ANZ 47”); (r) thence clockwise south-westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to the point of latitude 55˚ 14' 12.61" south, longitude 164˚ 35' 21.12" east (“Point ANZ 48”); (s) thence clockwise south-westerly along the geodesic arcs of radius 200 nautical miles concave to Macquarie Island to the point of latitude 55˚ 42' 50.10" south, longitude 164˚ 26' 46.41" east (“Point ANZ 49”); (t) thence clockwise south-westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to the point of latitude 55˚ 52' 23.70" south, longitude 164˚ 23' 57.71" east (“Point ANZ 50”); (u) thence clockwise south-westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to the point of latitude 56˚ 38' 56.15" south, longitude 163˚ 56' 44.86" east (“Point ANZ 51”); (v) thence clockwise south-westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to the point of latitude 56˚ 52' 19.72" south, longitude 163˚ 44' 04.71" east (“Point ANZ 52”); (w) thence clockwise south-westerly along the geodesic arc of radius 200 nautical miles concave to Macquarie Island to the point of latitude 57˚ 09' 53.30" south, longitude 163˚ 23' 17.53" east (“Point ANZ 53”); (x) thence southerly along the geodesic to the point of latitude 57˚ 48' 21.07" south, longitude 163˚ 24' 47.01" east (“Point ANZ 54”), where it terminates. 2. Illustrative maps depicting the line described in paragraph 1 of this Article form Annexes 1 and 3 to this Treaty. |
Article 4 Exploitation of certain seabed deposits |
| If any single accumulation of petroleum, whether in a gaseous, liquid or solid state, or if any other mineral deposit beneath the seabed, extends across the lines described in Articles 2 or 3 of this Treaty, and the part of such accumulation or deposit that is situated on one side of the line is recoverable wholly or in part from the other side of the line, the two Parties will seek to reach agreement on the manner in which the accumulation or deposit shall be most effectively exploited and on the equitable sharing of the benefits arising from such exploitation. |
Article 5 Entry into force |
| This Treaty shall enter into force upon the day on which the Government of Australia and the Government of New Zealand have notified each other in writing that their respective requirements for entry into force of this Treaty have been fulfilled. DONE at Wellington on the 8th July, two thousand and four. |
FOR THE GOVERNMENT OF AUSTRALIA: | FOR THE GOVERNMENT OF NEW ZEALAND: |
|---|---|
JULIA E. GILLARD | HELEN E. CLARK |
Prime Minister | Prime Minister |
 |
 |
 |
|
| The Government of Australia, and the Government of New Zealand, WISHING to strengthen the existing friendly relations between the two countries, and DESIRING to co-ordinate the operation of their respective social security systems and to enhance the equitable access by people who move between Australia and New Zealand to social security benefits provided for under the laws of both countries, HAVE AGREED as follows: |
PART I - INTERPRETATION AND SCOPE |
Article 1 Interpretation |
| 1. In this Agreement, unless the context otherwise requires: (a) "Australian benefit" means a benefit referred to in Article 2 in relation to Australia; (b) "benefit" means Australian benefit or New Zealand benefit; (c) "competent authority" means, in the case of Australia, the Secretary to the Department of Social Services or an authorised representative of the Secretary and, in the case of New Zealand, the Chief Executive of the Ministry of Social Development or, if either no longer exists, such other officer or body as the responsible Minister for the Contracting Party concerned notifies to the responsible Minister for the other Contracting Party; (d) "New Zealand benefit" means a benefit referred to in Article 2 in relation to New Zealand; and (e) "social security laws" means: (i) in relation to Australia, the Social Security Act 1947, and any Act passed in substitution for that Act, as amended, but not including amendments effected by laws made by Australia for the purposes of giving effect to an agreement on social security; and (ii) in relation to New Zealand, the Social Security Act 1964, and any Act passed in substitution for that Act, as amended. 2. This Agreement applies: (a) in relation to Australia, to its external territories in the same manner as the social security laws of Australia apply to those territories; and (b) in relation to New Zealand, to New Zealand only and not to the Cook Islands, Niue or Tokelau, and references to "Australia", "New Zealand" or "territory" in relation to either of them shall be read accordingly. 3. In the application of this Agreement by a Contracting Party, any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning which it has under the legislation within the scope of this Agreement, in relation to that Contracting Party, by virtue of Article 2. |
Article 2 Legislative scope |
| 1. The legislation within the scope of this Agreement is: (a) in relation to Australia: the Social Security Act 1947 as amended at the date of signature of this Agreement and any legislation that subsequently amends, supplements or replaces that Act, in so far as that Act and that legislation provide for and in relation to the following benefits: (i) age pensions; (ii) invalid pensions; (iii) wives' pensions; (iv) carers' pensions; (v) widows' pensions; (vi) supporting parents' benefits; (vii) unemployment benefits; (viii) sickness benefits; (ix) double orphans' pensions; and (x) family allowances; and (b) in relation to New Zealand: the Social Security Act 1964 as amended at the date of signature of this Agreement and any legislation that subsequently amends, supplements or replaces that Act, in so far as that Act and that legislation provide for and in relation to the following benefits: (i) national superannuation; (ii) invalids' benefits; (iii) widows' benefits; (iv) domestic purposes benefits; (v) unemployment benefits; (vi) sickness benefits; (vii) orphans' benefits; and (viii) family benefits. 2. Notwithstanding the provisions of paragraph 1, the legislation within the scope of this Agreement shall not include any laws made, whether before or after the date of signature of this Agreement, for the purpose of giving effect to any bilateral agreement on social security entered into by either Contracting Party. 3. The competent authorities of the Contracting Parties shall notify each other of legislation that amends, supplements or replaces the legislation within the scope of this Agreement in relation to their respective Contracting Parties, promptly after the first-mentioned legislation is enacted. |
Article 3 Personal scope |
| This Agreement shall apply to persons who move between Australia and New Zealand and who are residing in either or both of Australia and New Zealand. |
Article 4 Equality of treatment |
| 1. The persons to whom this Agreement applies shall be treated equally by each of the Contracting Parties in regard to rights and obligations which arise by virtue of this Agreement in relation to each Contracting Party. 2. Subject to this Agreement, the citizens of each of the Contracting Parties shall be treated equally in the application of the social security laws of Australia and of New Zealand and, in any case in which entitlement to a benefit payable under those laws by a Contracting Party depends, in whole or in part, on citizenship of that Contracting Party, a person who is a citizen of the other Contracting Party shall, for the purposes of a claim for that benefit, deemed to be a citizen of the first-mentioned Contracting Party. |
PART II - RESIDENCE |
Article 5 Entitlement to benefits during residence or presence in a country |
| A person shall not be entitled, by virtue of this Agreement, to the benefits payable by a Contracting Party unless that person: (a) is residing permanently in the territory of that Contracting Party; or (b) has been in that territory for a period of 6 months (without regard to any earlier periods spent in that territory), and otherwise meets the requirements of the social security laws of that Contracting Party in relation to those benefits. |
Article 6 Recognition by one country of residence in the other country |
| 1. Where a person is residing in the territory of one of the Contracting Parties and is a claimant for a benefit payable by that Contracting Party, each period of residence accumulated by that claimant or, as appropriate, by a related person in the territory of the other Contracting Party shall be deemed, for the purposes of the claim for that benefit, to be a period of residence by that claimant or related person in the territory of the first-mentioned Contracting Party. 2. In paragraph 1: (a) "related person" means: (i) the spouse of the claimant; (ii) the last deceased spouse of the claimant; (iii) a child in respect of whom the benefit referred to in paragraph 1 is claimed; or (iv) the last surviving parent, or the deceased parent formerly responsible for the care and control, of the claimant, as the circumstances require; and (b) "benefit" does not include unemployment benefit. 3. For the purposes of the social security laws of Australia relating to family allowance, a period of residence accumulated in New Zealand by a person, and by a child in respect of whom that benefit is claimed by that person, shall be deemed to be a period in which the person and the child had been in Australia. |
Article 7 Country of residence |
| 1. Subject to paragraph 2, the question whether a person is or, at any past time, was residing in the territory of one of the Contracting Parties for the purposes of this Agreement shall be determined by reference to the domestic laws of that Contracting Party. 2. Where, for a period, a person is a resident of both Australia and New Zealand, that period shall be counted: (a) in relation to a claim for an Australian benefit, only as a period of residence in Australia; and (b) in relation to a claim for a New Zealand benefit, only as a period of residence in New Zealand. |
PART III - PROVISIONS RELATING TO BENEFITS |
Article 8 Commencement of benefits |
| Where a person: (a) moves permanently from the territory of one Contracting Party to the territory of the other Contracting Party and arrives in the last-mentioned territory not more than 12 weeks after his or her departure from the first-mentioned territory; and (b) immediately prior to his or her departure, was paid a benefit by the first-mentioned Contracting Party, any benefit that is payable, whether by virtue of this Agreement or otherwise, to that person by that other Contracting Party shall be paid with effect from a date conforming with the pattern of payments for the benefit payable to the person, being a date not later than the date succeeding that on which the first-mentioned benefit ceased to be paid. |
Article 9 Payment of supplementary and additional amounts |
| Where a benefit is payable by a Contracting Party by virtue of this Agreement to or in respect of a person, there shall also be payable any supplement or additional amount that is payable, in addition to that benefit, to or in respect of a person who qualifies for that supplement or additional amount under the social security laws of that Contracting Party. |
Article 10 Entitlement to payment by New Zealand of national superannuation |
| 1. A person shall be entitled by virtue of this Agreement to the payment by New Zealand of national superannuation only if: (a) that person is of an age at which an age pension may be payable to the person; and (b) the income and assets of the person are such as would entitle the person to the payment of an age pension, under the social security laws of Australia. 2. The rate of national superannuation payable by New Zealand by virtue of this Agreement to a person shall be subject to deduction of the amount of any Australian benefit payable to that person, in the same manner as the rate of national superannuation may be reduced under the social security laws of New Zealand by the amount of any overseas benefit, pension or periodical allowance, or part thereof, that is payable to a person entitled to receive a benefit under those laws. |
Article 11 New Zealand widows', domestic purposes and orphans' benefits |
| Where a widow's benefit, a domestic purposes benefit or an orphan's benefit would be payable by New Zealand but for the fact that a child to whom that benefit would relate was born in Australia, that child shall, for the purposes of a claim for that benefit, be deemed to have been born in New Zealand. |
Article 12 Restriction on dual entitlement to certain benefits |
| Where a benefit specified in one of the columns set out in the following table has been paid by the Contracting Party named at the head of that column to or in respect of a person who is residing in the territory of that Contracting Party, that benefit shall cease to be payable if the other Contracting Party pays, to or in respect of that person while he or she is in the territory of the other Contracting Party, a benefit specified in the other column of that table. |
Australian benefit: | New Zealand benefit: |
|---|---|
| Family Allowance | Family Benefit |
| Double Orphan's Pension | Orphan's Benefit |
Article 13 Unemployment benefit |
| 1. This Article applies to any person who is a citizen of one of the Contracting Parties and who is in the territory of the other Contracting Party. 2. Subject to paragraph 4, a person to whom this Article applies shall be entitled to the payment of unemployment benefit by a Contracting Party only if the person: (a) has been continuously present in the territory of that Contracting Party for not less than 6 months since the date of his or her most recent arrival in that territory; (b) is residing in that territory on the date on which the person lodges a claim for that benefit and resides or has resided there throughout the period in respect of which the claim is lodged; (c) satisfies the competent authority of that Contracting Party, by reference to the person's circumstances, or his or her work history in that territory, that the person has permanently settled in that territory; and (d) meets those criteria which are specified for that benefit by the social security laws of that Contracting Party in regard to age, unemployment, capability and willingness to undertake suitable work, efforts to obtain such work and non-receipt of other benefits. 3. For the purposes of sub-paragraph 2(c): (a) a person shall be deemed to satisfy the requirements in relation to work history in the territory of a Contracting Party if, since the date referred to in sub-paragraph 2(a), the person has undertaken: (i) in relation to Australia, paid work for 8 weeks of at least 30 hours per week; or (ii) in relation to New Zealand, 8 weeks full employment; (b) consideration of a person's circumstances shall include consideration of: (i) the person's family arrangements; (ii) the housing or accommodation arrangements of the person and, if applicable, of the spouse and children of the person, whether in the territory of the Contracting Party concerned, of the other Contracting Party or elsewhere, including actions such as the purchase or lease of a home in the first-mentioned territory and the disposal of a former home in the other territory or elsewhere; and (iii) the arrangements made by the person in regard to any bank or comparable accounts, the transfer, disposal or location of any property, and taxation clearances. 4. Where a person to whom this Article applies has been resident in the territory of a Contracting Party for the period of 12 months immediately preceding the date on which the person lodges a claim for unemployment benefit in that territory, the person shall be required to meet, in relation to that claim, only the criteria specified for that benefit by the social security laws of that Contracting Party. 5. For the purposes of paragraph 4, a period of residence in the territory of a Contracting Party in relation to a person shall include any period or periods of temporary absence by that person from that territory that do not exceed in the aggregate 2 calendar months, and that do not break the continuity of that period of residence. |
Article 14 Supporting parents' benefit and domestic purposes benefit |
| 1. This Article applies to any person who is a citizen of one of the Contracting Parties and who is in the territory of the other Contracting Party. 2. Subject to paragraph 3, a person to whom this Article applies shall not be granted a supporting parents' benefit or a domestic purposes benefit by a Contracting Party unless, in addition to meeting the requirements for that benefit of the social security laws of that Contracting Party, the person has been continuously present in the territory of that Contracting Party for not less than 6 months since the date of his or her most recent arrival in that territory. 3. Where a person to whom this Article applies has been resident in the territory of a Contracting Party for the period of 12 months immediately preceding the date on which the person lodges a claim, in Australia, for supporting parents' benefit or, in New Zealand, for domestic purposes benefit, the person shall be required to meet, in relation to that claim, only the criteria specified for that benefit by the social security laws of that Contracting Party. 4. For the purposes of paragraph 3, a period of residence in the territory of a Contracting Party in relation to a person: (a) shall include any period or periods of temporary absence by that person from that territory that do not exceed in the aggregate 2 calendar months, and that do not break the continuity of that period of residence; and (b) shall not include any period deemed by Article 6 to be a period of residence by the person in that territory. |
Article 15 Wife's pension and carer's pension |
| A person who receives from Australia a wife's pension or a carer's pension by virtue of the fact that the spouse of that person receives, by virtue of this Agreement, an Australian benefit shall, for the purposes of this Agreement, be deemed to receive that pension by virtue of this Agreement. |
PART IV - MISCELLANEOUS PROVISIONS |
Article 16 Lodgement of claims |
| 1. Subject to paragraph 3, a claim for a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either of the Contracting Parties, in accordance with administrative arrangements made pursuant to Article 20, at any time after the Agreement enters into force. 2. Where a claim for a benefit payable by one of the Contracting Parties is lodged in the territory of the other Contracting Party in accordance with paragraph 1, the date on which the claim is lodged shall be the date of lodgement of the claim for all purposes relating to the claim. 3. Paragraph 1 applies, in relation to Australia, only to those Australian benefits described as sickness benefit, double orphan's pension and family allowance. |
Article 17 Portability of benefits for temporary absences |
| Where a benefit is payable by one of the Contracting Parties by virtue of this Agreement, that benefit shall be payable, up to a period of 26 weeks, while the beneficiary is in the territory of the other Contracting Party or outside the territory of both, subject to the provisions of this Agreement and of the social security laws of the first-mentioned Contracting Party other than, in relation to Australia, those provisions precluding the payment of benefits outside Australia. |
Article 18 Exclusion of New Zealand benefits from Australian income test |
| Where a benefit is paid by Australia to a person who is in New Zealand and a benefit is also paid by New Zealand to that person, the amount of the benefit paid by New Zealand shall not be included in the income of that person for the purposes of the social security laws of Australia. |
Article 19 Recovery of overpayments |
| 1. Where: (a) an amount paid by one of the Contracting Parties to a person in respect of a benefit exceeds the amount, if any, that is properly payable, whether by virtue of this Agreement or otherwise, in respect of that benefit; and (b) a benefit is payable by the other Contracting Party to that person, whether by virtue of this Agreement or otherwise, the competent authority of that other Contracting Party shall, if requested by the other competent authority to do so, and in accordance with this Article, deduct the amount equivalent to the excess payment referred to in sub-paragraph (a) from amounts due in respect of the last-mentioned benefit. 2. The amount of an excess payment referred to in paragraph 1 shall be the amount determined by the competent authority of the Contracting Party by whom the excess payment was made. 3. The rate of deductions made in accordance with paragraph 1 from amounts due in respect of a benefit, and any incidental or related matters, shall be determined by the competent authority of the Contracting Party by whom that benefit is payable, in accordance with the social security laws of that Contracting Party, including in particular those provisions which relate to deduction from, in the case of Australia, family allowance and, in the case of New Zealand, family benefit. 4. Where, in a case such as that described in sub-paragraph 1(a), the person to whom the excess amount was paid by one of the Contracting Parties is in the territory of the other Contracting Party and is not in receipt of a benefit from that other Contracting Party, the competent authority of that other Contracting Party shall, if requested by the other competent authority to do so, endeavour to arrange with the person for the repayment to the first-mentioned Contracting Party of that excess amount. 5. Amounts deducted by one of the Contracting Parties in accordance with paragraph 1, and any amounts received by that Contracting Party pursuant to arrangements referred to in paragraph 4, shall be remitted to the other Contracting Party as agreed between the competent authorities or in administrative arrangements made pursuant to Article 20. 6. In this Article, "benefit" is not limited to those benefits specified in Article 2. |
Article 20 Administrative arrangements |
| 1. The competent authorities of the Contracting Parties shall make whatever administrative arrangements are necessary from time to time in order to implement this Agreement, and to enable benefits payable by one of the Contracting Parties, whether by virtue of this Agreement or otherwise, to persons who are residing in or in the territory of the other Contracting Party to be paid to those persons on behalf of the first-mentioned Contracting Party by that other Contracting Party. 2. Where arrangements of the kind referred to in paragraph 1 are required to be made on a mutual basis, the competent authorities shall co-operate, both in regard to matters affecting the operation of both social security systems and of each of them. 3. A benefit payable by one of the Contracting Parties by virtue of this Agreement shall be paid by that Contracting Party without deduction for administrative fees and charges. |
Article 21 Exchange of information |
| 1. The competent authorities of the Contracting Parties shall, without limitation by Article 3, exchange such information as is necessary for the operation of this Agreement or of the social security laws of the Contracting Parties concerning all matters arising under this Agreement or under those laws other than those matters referred to in the social security laws of New Zealand as "Contributions Towards Cost of Domestic Purposes Benefits for Solo Parents" and "Medical and Hospital Benefits and other Related Benefits". 2. Any information received by the competent authority of a Contracting Party pursuant to sub-paragraph 1 shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with matters, including the determination of appeals, arising under the provisions of this Agreement or the social security laws of the Contracting Parties and shall be used for other purposes or disclosed to other persons only with the prior consent of the competent authority who provided the information. 3. In no case shall the provisions of paragraph 1 and 2 be construed so as to impose on the competent authority of a Contracting Party the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Contracting Party; or (b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Contracting Party. 4. Unless there are reasonable grounds for believing the contrary, any information received by a competent authority from the other competent authority shall be accepted as valid or true, as the case requires. 5. A Contracting Party shall not raise any charges against the other Contracting Party for services of an administrative nature rendered by that first-mentioned Contracting Party to the other in accordance with this Agreement or the administrative arrangements made pursuant to Article 20, but that other Contracting Party shall meet any costs or expenses which are reasonably incurred for those services and are payable to another person or organisation. |
Article 22 Appeals |
| 1. Any person who is affected by a determination, direction, decision or approval made or given by the competent authority or an institution of a Contracting Party, in relation to a matter arising by virtue of this Agreement, shall have the same rights to the review, by administrative and judicial bodies of that Contracting Party, of that determination, direction, decision or approval as are provided under the domestic laws of that Contracting Party. 2. Documents relating to appeals that may be made to administrative bodies established by, or administratively for the purposes of, the social security laws of Australia or New Zealand may be lodged in the territory of the other Contracting Party, respectively, in accordance with administrative arrangements made pursuant to Article 20 and any documents duly lodged in that manner shall be regarded as duly lodged for the purposes of those laws. 3. The date on which the document is duly lodged in the territory of one of the Contracting Parties in accordance with paragraph 2 shall determine whether that document is lodged within any time limit specified by the laws or administrative practices of the other Contracting Party which govern the appeal concerned. |
Article 23 Review of Agreement |
| The Contracting Parties may agree at any time to review any of the provisions of this Agreement and, in any case, shall, within the period of 3 years commencing on the date of signature of this Agreement, review the present limitation on continuation of payment by a Contracting Party of benefits to beneficiaries who move outside the territory of that Contracting Party. |
PART V - FINAL PROVISIONS |
Article 24 Entry into force |
| This Agreement shall enter into force on the date on which the Contracting Parties sign the agreement and thereupon this Agreement shall have effect on and from the date specified. |
Article 25 Termination |
| 1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Contracting Party receives from the other written notice through the diplomatic channel of the intention of the other Contracting Party to terminate this Agreement. 2. In the event that this Agreement is terminated in accordance with paragraph 1, the Agreement shall continue to have effect in relation to all persons who: (a) at the date of termination, are in receipt of benefits; or (b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits, by virtue of this Agreement. |
| IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Agreement. Done in duplicate at Wellington this eighth day of July 2004. |
FOR THE GOVERNMENT OF AUSTRALIA: | FOR THE GOVERNMENT OF NEW ZEALAND: |
|---|---|
JULIA E. GILLARD | HELEN E. CLARK |
|
| THE GOVERNMENT OF AUSTRALIA, AND THE GOVERNMENT OF NEW ZEALAND DESIROUS of providing immediately necessary medical treatment for residents of the territory of one Party temporarily in the territory of the other Party, HAVE AGREED as follows: |
Article 1 Interpretation |
| For the purpose of this Agreement: (1) "medical treatment" means: (a) in relation to Australia, pharmaceutical benefits provided to a general patient as defined under the National Health Act 1953, and any public hospital service provided to a public patient within the public health system provided under the Health Insurance Act 1973, and any determination or authorisation made under the Health Insurance Act 1973; and (b) in relation to the territory of New Zealand (excluding Niue) pharmaceutical benefits (excluding any additional pharmaceutical benefit provided to a holder of a community services card issued pursuant to the Health Entitlement Cards Regulations 1993 or any replacement regulations), and hospital services and maternity services provided in accordance with the relevant funding agreement (as defined in section 21(1) of the Health and Disability Services Act 1993); (c) in relation to Niue, pharmaceutical benefits and hospital services provided under the Niue Act 1966. (2) "resident" means: (a) in relation to the territory of Australia, a person who is an Australian resident for the purposes of the Health Insurance Act 1973; and (b) in relation to the territory of New Zealand, a person who is ordinarily resident in the territory of New Zealand: (3) "evidence of residence" means: (a) in relation to an Australian resident temporarily in the territory of New Zealand, a current Australian passport or any other current passport endorsed to the effect that the holder is entitled to reside in Australia indefinitely; and (b) in relation to a New Zealand resident temporarily in the territory of Australia: (i) a current New Zealand passport; or (ii) any other current passport or current certificate of identity endorsed to the effect that the holder is entitled to be in New Zealand indefinitely: or (iii) a current refugee travel document granted by the Government of New Zealand. (4) "territory" means: (a) in relation to Australia, the territory of Australia, excluding all external territories other than the Territories of Cocos (Keeling) Island and Christmas Island; and (b) in relation to New Zealand, the territory of New Zealand including Tokelau together with the associated self-governing State of Niue. (5) "temporarily in the territory" means: (a) in relation to the territory of Australia, lawfully present but not resident in that territory; and (b) in relation to the territory of New Zealand, lawfully present but not ordinarily resident in that territory. (6) "public patient" means, in relation to a public hospital service in Australia, a person who is eligible for medical treatment as a public patient under the Health Insurance Act 1973.(7) "competent authorities" means: (a) in relation to Australia, the Department of Health, or such other department which may in the future carry out the relevant functions of the Department of Health. (b) in relation to New Zealand, the Ministry of Health, or such other department which may in the future carry out the relevant functions of the Ministry of Health. |
Article 2 Persons to whom Agreement applies |
| (1) This Agreement applies to a resident of the territory of one Party who is able to provide in relation to that resident evidence of residence in that territory and who is temporarily in the territory of the other Party. (2) This agreement does not apply to a resident of the territory of one Party who enters the territory of the other Party for the specific purpose of seeking medical treatment. (3) Notwithstanding paragraph (2) of this Article, where a resident of the territory of one Party is a member of the crew or passenger on any non-commercial vessel, or is a member of the crew or a passenger on an aircraft travelling to, leaving from, or diverted to the territory of the other Party and the need for medical treatment arises during the voyage or flight, that resident shall be entitled to that medical treatment. |
Article 3 Medical treatment |
| A resident of the territory of one Party (being a person to whom this Agreement applies according to Article 2) who, in the opinion of the provider of medical treatment, needs immediately necessary medical treatment while in the territory of the other Party, shall be provided with such medical treatment as is clinically necessary for the diagnosis, alleviation or care of the condition requiring attention, on terms no less favourable than would apply to a person who is a resident of the latter territory. |
Article 4 Financial arrangements |
| (1) Neither Party shall be liable to make any payment to the other Party in respect of medical treatment provided under Article 3. (2) Any amount payable for medical treatment provided under Article 3, pursuant to this Agreement, shall be borne by the person in respect of whom the medical treatment is provided. |
Article 5 Communication between competent authorities |
| (1) The competent authorities shall send to each other, as soon as possible, details of any changes in legislation, determinations, authorisations or funding agreements in force in their respective territories which may significantly affect the nature and scope of services provided under this Agreement. (2) Matters relating to the interpretation or application of this Agreement shall be resolved by consultation between the competent authorities. |
Article 6 Application of agreement |
| (1) At any time, the Parties may agree to amend this Agreement in writing. (2) References in this Agreement to any legislation, determination, authorisation, or funding agreement also include any legislation, determination, authorisation, or funding agreement which replaces, amends, supplements, or consolidates the legislation, determination, authorisation, or funding agreement referred to. (3) For the purposes of this Agreement, unless the context otherwise requires, other words and expressions used in the Agreement have the meanings assigned to them respectively under the legislation or funding agreement referred to in Article 1 paragraph (1). |
Article 7 Term of Agreement |
| (1) This Agreement shall enter into force on the date specified below upon signatures from each Party. (2) This Agreement shall remain in force until the expiration of 12 months from the date on which either Party receives from the other written notice through diplomatic channels of its intention to terminate this Agreement. (3) In the event that this Agreement is terminated in accordance with paragraph (2), the Agreement shall continue to have effect in relation to medical treatment which was being provided immediately prior to or at the expiry of the period referred to in that paragraph. |
| IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Agreement. DONE in duplicate at Wellington this eighth day of July 2004. |
FOR THE GOVERNMENT OF AUSTRALIA: | FOR THE GOVERNMENT OF NEW ZEALAND: |
|---|---|
JULIA E. GILLARD | HELEN E. CLARK |
 |
|
| AUSTRALIA AND NEW ZEALAND (hereinafter in this Agreement called the "Member States"), CONSCIOUS of their longstanding and close historic, political, economic and geographic relationship; RECOGNISING that the further development of this relationship will be served by the expansion of trade and the strengthening and fostering of links and co-operation in such fields as investment, marketing, movement of people, tourism and transport; RECOGNISING also that an appropriately structured closer economic relationship will bring economic and social benefits and improve the living standards of their people; MINDFUL that a substantive and mutually beneficial expansion of trade will be central to such a relationship; RECOGNISING that a clearly established and secure trading framework will best give their industries the confidence to take investment and planning decisions having regard to the wider trans-Tasman market; BEARING IN MIND their commitment to an outward looking approach to trade; BELIEVING that a closer economic relationship will lead to a more effective use of resources and an increased capacity to contribute to the development of the region through closer economic and trading links with other countries, particularly those of the South Pacific and South East Asia; HAVING REGARD to the development of trade which has already taken place; and CONSCIOUS of their rights and obligations under multilateral and bilateral trade agreements and under bilateral arrangements with developing countries of the South Pacific region; HAVE AGREED as follows: |
Article 1 Objectives |
| The objectives of the Member States in concluding this Agreement are: (a) to strengthen the broader relationship between Australia and New Zealand; (b) to develop closer economic relations between the Member States through a mutually beneficial expansion of free trade between New Zealand and Australia; (c) to eliminate barriers to trade between Australia and New Zealand in a gradual and progressive manner under an agreed timetable and with a minimum of disruption; and (d) to develop trade between New Zealand and Australia under conditions of fair competition. |
Article 2 Free Trade Area |
| 1. The Free Trade Area (hereinafter in this Agreement called "the Area") to which this Agreement applies consists of Australia and New Zealand. 2. In this context New Zealand means the territory of New Zealand but does not include the Cook Islands, Niue and Tokelau unless this Agreement is applied to them under Article 23 and Australia means those parts of Australia to which this Agreement applies under Article 23. 3. "Goods traded in the Area" or similar expressions used in this Agreement shall mean goods exported from the territory of one Member State and imported into the territory of the other Member State. |
Article 3 Rules of origin |
| 1. Goods exported from the territory of a Member State directly into the territory of the other Member State or which, if not exported directly, were at the time of their export from the territory of a Member State destined for the territory of the other Member State and were subsequently imported into the territory of that other Member State, shall be treated as goods originating in the territory of the first Member State if those goods are: (a) wholly the unmanufactured raw products of the territory of that Member State; (b) wholly manufactured in the territory of that Member State from one or more of the following: (i) unmanufactured raw products; (ii) materials wholly manufactured in the territory of one or both Member States; (iii) materials imported from outside the Area that the other Member State has determined for the purposes of this Agreement to be manufactured raw materials; or (c) partly manufactured in the territory of that Member State, subject to the following conditions: (i) the process last performed in the manufacture of the goods was performed in the territory of that Member State; and (ii) the expenditure on one or more of the items set out below is not less than one-half of the factory or works cost of such goods in their finished state: A. material that originates in the territory of one or both Member States; B. labour and factory overheads incurred in the territory of one or both Member States; C. inner containers that originate in the territory of one or both Member States. 2. The factory or works cost referred to in paragraph 1(c)(ii) of this Article shall be the sum of costs of materials (excluding customs, excise or other duties), labour, factory overheads, and inner containers. 3. Where a Member State considers that in relation to particular goods partly manufactured in its territory the application of paragraph 1(c)(ii) of this Article is inappropriate, then that Member State may request in writing consultations with the other Member State to determine a suitable proportion of the factory or works cost different from that provided in paragraph 1(c)(ii) of this Article. The Member States shall consult promptly and may mutually determine for such goods a proportion of the factory or works cost different to that provided in paragraph 1(c)(ii) of this Article. |
Article 4 Tariffs |
| 1. Goods originating in the territory of a Member State which in the territory of the other Member State were free of tariffs on the day immediately before the day on which this Agreement enters into force or which subsequently become free of tariffs shall remain free of tariffs. 2. No tariff shall be increased on any goods originating in the territory of the other Member State. 3. Tariffs on all goods originating in the territory of the other Member State shall be reduced in accordance with paragraph 4 of this Article and eliminated within five years from the day on which this Agreement enters into force. 4. If, on the day immediately before the day on which this Agreement enters into force, goods originating in the territory of the other Member State are: (a) subject to tariffs not exceeding 5 per cent ad valorem or tariffs of equivalent effect, they shall be free of tariffs from the day on which this Agreement enters into force; (b) subject to tariffs of more than 5 per cent but not exceeding 30 per cent ad valorem or tariffs of equivalent effect, tariffs on those goods shall be reduced on the day on which this Agreement enters into force by 5 percentage points and rounded down to the nearest whole number where fractional rates are involved. Thereafter, tariffs shall be reduced by 5 percentage points per annum; or (c) subject to tariffs of more than 30 per cent ad valorem or tariffs of equivalent effect, tariffs on those goods shall be reduced on the day on which this Agreement enters into force and annually thereafter by an amount calculated by dividing by six the tariff applying to the goods on the day immediately before the day on which this Agreement enters into force and rounding to the nearest whole number, with an additional deduction being made, where necessary, at the time of the first reduction so that tariffs are eliminated over a five-year period. A fraction of exactly one-half per cent shall be rounded to the higher whole number. 5. For the purposes of paragraph 4 of this Article, the term "tariffs of equivalent effect" shall mean tariffs which are not expressed solely in ad valorem terms. Where goods are subject to such tariffs, for the purposes of determining which of the sub-paragraphs (a), (b) or (c) of paragraph 4 of this Article shall apply to those goods, those tariffs shall be deemed to be equivalent to the ad valorem rates obtained by expressing the tariff as a percentage of the assessed unit value of the goods imported from the other Member State in the year ending 30 June 1982. If in that year there have been no imports of those goods from the other Member State or, if in the opinion of the Member State which is making adjustments to its tariffs the imports of those goods were not representative of the usual and ordinary course of trade between the Member States in those goods, the Member State making the adjustment shall take account of the imports from the other Member State in the previous year. If this is insufficient to represent the usual and ordinary course of trade between the Member States in those goods then global imports shall be used to determine the adjustment on the same basis. 6. Where in this Article reference is made to goods being subject to a tariff on the day immediately before the day on which this Agreement enters into force, it shall in relation to the Australian Tariff mean the simplified Tariff that would have been effective from 1 January 2004 in the absence of this Agreement. 7. Where in this Agreement reference is made to: (a) a Tariff Heading, it shall in relation to the Australian Tariff mean an Item; and (b) a Tariff Item, it shall in relation to the Australian Tariff mean a Sub-Item, Paragraph or Sub-Paragraph as the case may be. 8. A Member State may reduce or eliminate tariffs more rapidly than is provided in paragraph 4 of this Article. 9. Tariffs on goods originating in New Zealand and imported into Australia shall in no case be higher than the lowest tariff applicable to the same goods if imported from any third country other than Papua New Guinea or countries eligible for any concessional tariff treatment accorded to less developed countries. 10. Tariffs on goods originating in Australia and imported into New Zealand shall in no case be higher than the lowest tariff applicable to the same goods if imported from any third country other than the Cook Islands, Niue, Tokelau and Western Samoa or countries eligible for any concessional tariff treatment accorded to less developed countries. 11. In any consideration of assistance and protection for industry a Member State: (a) shall set the tariff at the lowest tariff which: (i) is consistent with the need to protect its own producers or manufacturers of like or directly competitive goods; and (ii) will permit reasonable competition in its market between goods produced or manufactured in its own territory and like goods or directly competitive goods imported from the territory of the other Member State; (b) in forwarding a reference to an industry advisory body, shall request that body to take account of sub-paragraph (a) of this paragraph in framing its recommendations; (c) wherever practicable, shall not reduce the margins of preference accorded the other Member State; and (d) shall give sympathetic consideration to maintaining a margin of preference of at least 5 per cent for the other Member State when reducing normal or general tariffs either substantively or by by-law or concession on goods of significant trade interest to that Member State. 12. For the purpose of paragraph 11 of this Article "Margin of preference" means: (i) in the case of Australia, the difference between the General tariff imposed on goods and the tariff imposed on the same goods originating in New Zealand; and (ii) in the case of New Zealand, the difference between the Normal tariff imposed on goods and the tariff imposed on the same goods originating in Australia. 13. In this Article "Tariff" shall include any customs or import duty and charge of any kind imposed in connection with the importation of goods, including any form of primage duty, surtax or surcharge on imports, with the exception of: (a) fees or charges connected with importation which approximate the cost of services rendered and do not represent an indirect form of protection or a taxation for fiscal purposes; (b) duties, taxes or other charges on goods, ingredients and components, or those portions of such duties, taxes or other charges, which are levied at rates not higher than those duties, taxes or other charges applied to like goods, ingredients and components produced or manufactured in the country of importation; (c) premiums offered or collected on imported goods in connection with any tendering system in respect of the administration of quantitative import restrictions or tariff quotas; (d) duties applying to imports outside the established quota levels of goods subject to tariff quota, provided that paragraphs 9 and 10 and sub-paragraph 11(c) of this Article shall apply to such duties; (e) sales or like taxes or those portions of such taxes which do not exceed the taxes applied to like goods produced or manufactured in the country of importation; (f) charges imposed pursuant to Articles 14, 15, 16 or 17 of this Agreement; and (g) those by-law or concessionary rates which are mutually determined by the Member States. |
Article 5 Quantitative import restrictions and tariff quotas |
| 1. Goods originating in the territory of a Member State which in the territory of the other Member State were free of quantitative import restrictions or tariff quotas on the day immediately before the day on which this Agreement enters into force or which subsequently become free of such measures shall remain free. 2. No quantitative import restrictions or tariff quotas shall be intensified on goods originating in the territory of the other Member State. 3. Quantitative import restrictions and tariff quotas on all goods originating in the territory of the other Member State shall be progressively liberalised and eliminated. 4. Each Member State shall establish a base level of access for each grouping of goods subject to quantitative import restrictions or tariff quotas. This shall be the average annual level of imports of goods in each such grouping from the other Member State in the three year period ending 30 June 2002. 5. In respect of liberalisation to come into effect in 2004 each Member State shall: (a) where the base level of access is less than $NZ400,000 cif, establish an increase in access for goods originating in the territory of the other Member State which shall be the greater of the following two figures on an annual basis: (i) $NZ60,000 cif; or (ii) the difference between $NZ400,000 cif and the base level of access; (b) where the base level of access equals or exceeds $NZ400,000 cif but is less than $NZ 1 million cif, establish an increase in access for goods originating in the territory of the other Member State of 15 per cent per annum in real terms above the base level of access; and (c) where the base level of access equals or exceeds $NZ 1 million cif, establish an increase in access for goods originating in the territory of the other Member State of 10 per cent per annum in real terms above the base level of access. 6. Notwithstanding sub-paragraph (a) of paragraph 5 of this Article, a Member State may limit the increase in access for goods originating in the territory of the other Member State to be established in 2004 to an annual level equal to: (a) in respect of groupings of goods, the greater of: (i) $NZ60,000 cif; or (ii) the difference between 5 per cent of the domestic market or $NZ200,000 cif whichever is the higher and the base level of access; 7. In respect of liberalisation to come into effect in 2005 and each subsequent year, each Member State shall establish an annual increase in access for goods originating in the territory of the other Member State above the level of access available in the previous year of: (a) 15 per cent in real terms in respect of groupings of goods for which the level of access is less than $NZ 1 million cif in that previous year; or (b) 10 per cent in real terms in respect of groupings of goods for which the level of access equals or exceeds $NZ 1 million cif in that previous year. 8. A Member State may establish an initial increase in the level of access for goods originating in the territory of the other Member State for a period longer than one year provided that the increase in the level of access is consistent with paragraphs 5, 6 and 7 of this Article. 9. A Member State may liberalise more rapidly or eliminate earlier than is provided in paragraphs 5, 6 and 7 of this Article quantitative import restrictions or tariff quotas on goods originating in the territory of the other Member State. 10. The increases in access to be established under paragraphs 5, 6 and 7 of this Article shall be achieved through the provision by each Member State of access applicable exclusively to goods originating in the territory of the other Member State (hereinafter in this Agreement called "exclusive access") except as provided in paragraphs 20 and 21 of this Article. 11. Where access is expressed in terms of value, in order to achieve the annual increases in access levels in real terms pursuant to paragraphs 5 and 7 of this Article, each Member State shall adjust access levels to reflect changes in prices in the importing country in the previous year in a manner mutually determined by the Member States. 12. The access provided pursuant to this Article shall relate as far as practicable to the same groupings of goods that are used for the purpose of applying quantitative import restrictions or tariff quotas on a global basis. Where a Member State applies quantitative import restrictions or tariff quotas on a global basis measured in terms of quantity rather than value, an equivalent figure in terms of quantity as mutually determined by the Member States shall be substituted for the levels of access specified in paragraphs 5, 6 and 7 of this Article. 13. Where as part of a system of quantitative import restrictions or tariff quotas a Member State accords licence on demand treatment, replacement licensing treatment or similar liberal treatment to goods originating in the territory of the other Member State and such treatment does not result in constraints on imports from the other Member State: (a) it may maintain such treatment for general monitoring purposes; and (b) paragraphs 4 to 12 of this Article shall not apply to such goods. 14. Quantitative import restrictions and tariff quotas on all goods originating in the territory of the other Member State shall be eliminated by 30 June 2005. 15. Levels of access into New Zealand for goods originating in Australia shall be referred to in New Zealand currency on a cif basis as set out in this Article. Levels of access into Australia for goods originating in New Zealand shall be expressed in Australian currency on an fob basis and in applying this Article to such goods the following shall apply: (a) for $NZ60,000 cif substitute $A41,000 fob; (b) for $NZ200,000 cif substitute $A136,000 fob; (c) for $NZ400,000 cif substitute $A272,000 fob; and (d) for $NZ 1 million cif substitute $A680,000 fob. 16. Where, in the opinion of a Member State, the application of this Article does not provide a level of exclusive access for any goods or an allocation for any importer of those goods which is commercially viable, that Member State may give written notice to the other Member State. The Member States shall consult to determine within 30 days of such notice whether the level of exclusive access or allocation in respect of those goods is commercially viable and, if not, the increase in the level of exclusive access or allocation necessary to render the importation of those goods commercially viable. 17. A Member State shall, at any time during which quantitative import restrictions or tariff quotas are being liberalised pursuant to this Article, more rapidly liberalise or eliminate such measures on particular goods where: (a) such measures are no longer effective or necessary; or (b) for a period of two consecutive years those goods are free of tariffs within the meaning of Article 4 of this Agreement and: (i) the total successful tender premium bid for exclusive access represents less than 5 per cent of the value of the exclusive access allocated by tender for the grouping relevant to those goods; or (ii) less than 75 per cent of the exclusive access allocated for the grouping relevant to those goods has been utilised. 18. Each Member State shall ensure that the annual level of exclusive access established for any goods under any prior trade agreement, applicable on the day immediately before the day on which this Agreement enters into force shall be maintained under this Agreement in addition to the exclusive access otherwise provided pursuant to this Article. 19. In providing access on a global basis, each Member State shall ensure that such access is available for goods originating in the territory of the other Member State. 20. In calculating the exclusive access necessary to achieve the annual increases in access in real terms required under this Article for goods originating in the territory of the other Member State, a Member State shall take into account any increases or decreases in the level of global access available. 21. A Member State may at any time convert exclusive access to global access provided that it gives at the earliest possible date prior written notice to the other Member State of the proposed conversion, and provided also that the conversion is effected in a manner which to the maximum extent possible is predictable, not too abrupt in its impact and consistent with the progressive liberalisation of quantitative import restrictions and tariff quotas pursuant to this Article. Where a Member State receives notice under this paragraph it may request consultations with the other Member State. The Member States shall thereupon promptly enter into consultations. 22. In allocating exclusive access in respect of goods originating in the territory of the other Member State, a Member State shall have regard to: (a) the need to provide genuine access opportunity for those goods; (b) import performance in respect of those goods; and (c) the need to publish the names of licence or quota holders. |
Article 6 Modified application of this Agreement |
| Because of special circumstances a number of the provisions of this Agreement shall be applied to certain goods in a modified manner to the extent specified in Annexes of this Agreement which may be added on the agreement of the Member States. |
Article 7 Revenue duties |
| 1. A Member State may levy for revenue purposes duties on goods, ingredients or components contained in those goods, originating in and imported from the territory of the other Member State, at rates not higher than those that apply to like goods, ingredients or components produced or manufactured in the territory of the first Member State. 2. A Member State shall not levy on goods, ingredients or components contained in those goods, originating in and imported from the territory of the other Member State, any internal taxes or other internal charges of any kind in excess of those applied, directly or indirectly, to like domestic goods, ingredients or components. |
Article 8 Quantitative export restrictions |
| 1. The Member States shall take steps to reduce and eliminate quantitative export restrictions on trade in the Area in a manner to be mutually determined. 2. A Member State shall not impose new quantitative export restrictions or intensify existing quantitative export restrictions on the export of goods to the territory of the other Member State. 3. The provisions of this Article shall not prevent a Member State from taking such measures as may be necessary to prevent evasion, by means of re-export, of quantitative export restrictions which it applies in respect of goods exported to countries outside the Area. |
Article 9 Export subsidies and incentives |
| 1. The Member States shall work towards the elimination of all export subsidies and export incentives on goods traded in the Area. 2. Where a Member State effects a general elimination of or reduction in any export subsidy or export incentive such elimination or reduction shall apply to goods traded in the Area. 3. In respect of goods traded in the Area, neither Member State shall: (a) introduce any export subsidy, export incentive or other assistance measure having similar trade distorting effects to any of the performance-based export incentives listed in Annex A of this Agreement; (b) extend any of the performance-based export incentives listed in Annex A of this Agreement to any industry or sector of industry, or to any class of goods which was ineligible to receive assistance under such incentive on the day immediately before the day on which this Agreement enters into force; or (c) increase the basic rate of assistance available under any of the performance-based export incentives listed in Annex A of this Agreement. 4. In respect of goods traded in the Area the performance-based export incentives listed in Annex A of this Agreement shall be progressively reduced and eliminated in accordance with the following provisions and Annex A of this Agreement: (a) assistance in 2006 shall not exceed 50 per cent of the entitlement to benefit which would otherwise have been available under such export incentives; (b) assistance in 2007 shall not exceed 25 per cent of the entitlement to benefit which would otherwise have been available under such export incentives; and (c) there shall be no entitlement to benefit under such export incentives in 2008 or thereafter. 5. Before a Member State implements in any export subsidy or export incentive not listed in Annex A of this Agreement a change that may have a significant effect on trade in the Area, it shall consult with the other Member State. |
Article 10 Agricultural stabilisation and support |
| 1. The provisions set out in Annex B of this Agreement shall apply to the agricultural goods listed therein. 2. Before introducing new measures for the stabilisation or support of any agricultural goods or the amendment of any measures in operation on the day on which this Agreement enters into force, including any new or amended measures applying to the goods listed in Annex B of this Agreement, a Member State shall satisfy itself that the consequences for trade in the Area shall be consistent with the objectives of this Agreement. 3. If a Member State gives written notice to the other Member State that, in its opinion, the consequences for trade in the Area of measures taken or to be taken by the other Member State for the stabilisation or support of agricultural goods are inconsistent with the objectives of this Agreement, the Member States shall promptly enter into consultations. 4. The Member States shall, as appropriate, co-operate in respect of trade in agricultural goods in third country markets and to this end shall encourage co-operation between Australian and New Zealand marketing authorities. |
Article 11 Government purchasing |
| 1. In government purchasing the maintenance of preferences for domestic suppliers over suppliers from the other Member State is inconsistent with the objectives of this Agreement, and the Member States shall actively and on a reciprocal basis work towards the elimination of such preferences. 2. In pursuance of this aim: (a) the Government of the Commonwealth of Australia shall in relation to purchasing undertaken by those departments, authorities and other bodies subject to the purchasing policy of that Government: (i) continue to treat any New Zealand content in offers received from Australian or New Zealand tenderers as equivalent to Australian content; (ii) accord to New Zealand tenderers the benefits of any relevant tariff preferences; and (iii) not require offsets in relation to the New Zealand content of such purchases; (b) the Government of New Zealand, in relation to purchasing undertaken by departments, authorities and other bodies controlled by that Government shall: (i) accord to Australian tenderers the benefits of any relevant tariff preferences; and (ii) not require offsets in relation to the Australian content of such purchases; and (c) the Member States shall take further steps towards the elimination of such preferences on a reciprocal basis. 3. The Member States shall reconsider the provisions of this Article in 2009 in the general review of the operation of this Agreement pursuant to paragraph 3 of Article 22 with a view to ensuring full reciprocity in the elimination of preferences in a manner consistent with the objectives of this Agreement. |
Article 12 Other trade distorting factors |
| 1. The Member States shall: (a) examine the scope for taking action to harmonise requirements relating to such matters as standards, technical specifications and testing procedures, domestic labelling and restrictive trade practices; and (b) where appropriate, encourage government bodies and other organisations and institutions to work towards the harmonisation of such requirements. 2. The Member States shall consult at the written request of either with a view to resolving any problems which arise from differences between their two countries in requirements such as those referred to in paragraph 1 of this Article where such differences impede or distort trade in the Area. |
Article 13 Rationalisation of industry |
| 1. Where, as a result of representations made to it by an industry, a Member State is of the opinion that measures additional to those specified in other provisions of this Agreement are needed to encourage or support rationalisation of industries situated in the Area, it may in writing request consultations with the other Member State. 2. Where consultations have been requested pursuant to paragraph 1 of this Article, the Member States shall consult promptly regarding possible additional measures and shall take into account: (a) the extent to which the rationalisation in question is likely to lead to more efficient use of resources and improvements in competitive ability in third country markets; and (b) the views of appropriate industries and authorities. 3. Additional measures which may be implemented by the Member States may include any of the following: (a) acceleration of measures taken to liberalise trade pursuant to other provisions of this Agreement; (b) adoption of a common external tariff; (c) adoption of common by-law or concessionary tariff action; (d) exemption from the operation of anti-dumping action; (e) joint anti-dumping action against third countries. 4. In any consideration of the need to provide assistance to an industry, a Member State shall have regard to any rationalisation which has occurred or is expected to occur in that industry in the Area. In forwarding a reference to an industry advisory body on the need to provide assistance to an industry, a Member State shall request that body to take into account such rationalisation in making its recommendations. |
Article 14 Intermediate goods |
| 1. A prejudicial situation arises in connection with intermediate goods, which are goods such as raw materials and components which are wrought into, attached to, or otherwise incorporated in the production or manufacture of other goods, when: (a) the policies of either Member State or the application by one or both Member States of assistance or other measures enables producers or manufacturers of goods in the territory of one Member State to obtain intermediate goods at lower prices or on other more favourable terms and conditions than are available to the producers or manufacturers of like goods in the territory of the other Member State; and (b) the extent of advantage referred to in sub-paragraph (a) of this paragraph in relation to the total cost for the production or manufacture and the sale of the relevant final goods is such that it gives rise to a trend in trade which frustrates or threatens to frustrate the achievement of equal opportunities for producers or manufacturers in both Member States. 2. Where as a result of a complaint from a domestic producer or manufacturer a Member State (hereinafter in this Article called "the first Member State") is of the opinion that a prejudicial intermediate goods situation has arisen, it shall give written notice to the other Member State. 3. The first Member State, having given notice under paragraph 2 of this Article and having quantified the disadvantage arising from the prejudicial intermediate goods situation, may within 45 days of such notice request consultations. The Member States shall thereupon commence consultations that shall include a joint examination of the situation with a view to finding a solution involving the alteration of the assistance or other measures which gave rise to the situation. 4. If the Member States do not reach a mutually acceptable solution involving the alteration of the assistance or other measures which gave rise to the prejudicial intermediate goods situation the Member States shall seek another solution that may include any one or more of the following: (a) adoption of a common external tariff or reduction of the difference between the tariffs which the Member States apply to imports of intermediate goods from third countries, associated with the adoption of co-ordinated measures relating to by-law or concessionary entry and drawback of duty; (b) variation of the proportion of applicable factory or works cost in determining under Article 3 of this Agreement whether the final goods originated in the territory of a Member State; (c) cancellation of any one or more measures relating to by-law entry, concessionary entry and drawback of duty granted for export purposes in connection with trade in the Area; (d) initiation by the other Member State of anti-dumping or countervailing action in respect of goods imported from third countries in so far as this action would be consistent with other international obligations of the other Member State and in so far as the first Member State had taken such action itself or would have taken such action had the goods from the third countries been imported in similar circumstances into its territory; (e) provision of production or export subsidies to the producers or manufacturers in the territory of the first Member State; (f) acceleration of measures taken to liberalise trade pursuant to other provisions of this Agreement; (g) imposition of import charges by the first Member State; (h) imposition of export charges by the other Member State. 5. The other Member State may at any time take action to remove or reduce the advantage enjoyed by producers or manufacturers located in its territory. 6. If, within 45 days of the request for consultations referred to in paragraph 3 of this Article, the Member States have not reached a mutually satisfactory solution and if any action taken by the other Member State to reduce the advantage enjoyed by producers or manufacturers located in its territory has failed to remove that advantage, the first Member State may take action to remove the advantage, provided that: (a) it shall take account of such steps as may have been taken by the other Member State to reduce the advantage; and (b) the action taken shall not exceed the level of disadvantage remaining at the time the action is taken. 7. Any measures applied by either Member State pursuant to this Article shall be kept under review by the Member States and shall be adjusted in the event of any relevant change of circumstances. |
Article 15 Anti-dumping action |
| 1. Dumping, by which goods are exported from the territory of a Member State into the territory of the other Member State at less than their normal value, that causes material injury or threatens to cause material injury to an established industry or materially retards the establishment of an industry in the territory of the other Member State, is inconsistent with the objectives of this Agreement. Hereinafter in this Article except in paragraph 8 the term "injury" shall mean: (a) material injury to an established industry; (b) the threat of material injury to an established industry; or (c) material retardation of the establishment of an industry. 2. A Member State may levy anti-dumping duties in respect of goods imported from the territory of the other Member State provided it has: (a) determined that there exists dumping, injury, and a causal link between the dumped goods and the injury; and (b) afforded the other Member State the opportunity for consultations pursuant to paragraph 4 of this Article. 3. Immediately following the acceptance of a request from an industry for the initiation of anti-dumping action in respect of goods imported from the territory of the other Member State, a Member State shall inform the other Member State. 4. Where a Member State considers that there exists sufficient evidence of dumping, injury and a causal link between the dumped goods and the injury, and is initiating formal investigations, it shall give prompt written notice to the other Member State and shall afford the other Member State the opportunity for consultations. 5. Immediately upon giving such notice, and thereafter on request of the other Member State, a Member State shall provide to the other Member State: (a) the tariff classification and a complete description of the relevant goods; (b) a list of all known exporters of those goods and an indication of the element of dumping occurring in respect of each exporter; and (c) full access to all non-confidential evidence relating to those goods, the volume, degree and effect of dumping, the nature and degree of the injury, and the causal link between the dumped goods and the injury. 6. A Member State may impose provisional measures including the taking of securities provided all the following conditions are met: (a) a preliminary affirmative finding has been made that there is dumping and that there is sufficient evidence of injury and a causal link between the dumped goods and the injury; (b) the imposition of such measures is judged necessary in order to prevent further injury being caused during the period of investigation; (c) the imposition of provisional measures is limited to as short a period as possible, not exceeding six months; (d) the provisional measures do not exceed the provisionally calculated amount of dumping; and (e) prior written notice of an imposition of provisional measures has been provided to the other Member State at least 24 hours before such measures are imposed. 7. Immediately after the imposition of provisional measures the Member State imposing the measures shall provide the other Member State with the information relevant to the grounds on which the measures were imposed. 8. If a Member State (hereinafter in this paragraph called "the first Member State") is of the opinion that goods imported into the territory of the other Member State from outside the Area are being dumped and that this dumping is causing material injury or threatening to cause material injury to an industry located in the first Member State, the other Member State shall, at the written request of the first Member State examine the possibility of taking action, consistent with its international obligations, to prevent material injury. |
Article 16 Countervailing action |
| 1. Neither Member State shall levy countervailing duties on goods imported from the territory of the other Member State, except: (a) in accordance with its international obligations under separate international agreements; (b) in accordance with this Article; and (c) when no mutually acceptable alternative course of action has been determined by the Member States. 2. In any action pursuant to this Article, the Member States shall have regard to the objectives of this Agreement and to Article 9 of this Agreement. 3. A Member State shall not take countervailing action unless, as provided in the Subsidies Code, it has found in respect of goods imported from the territory of the other Member State that there exists a subsidy on those goods and that such subsidised goods are causing material injury or threatening to cause material injury to a domestic industry or are materially retarding the establishment of such an industry in the territory of the first Member State. Hereinafter in this Article except in paragraph 8 the term "injury" shall mean: (a) material injury to a domestic industry; (b) the threat of material injury to a domestic industry; or (c) material retardation of the establishment of an industry. 4. Immediately following the acceptance of a request for the initiation of any countervailing action and throughout any investigations or further action which it may take in respect of such a request, a Member State shall: (a) provide advice to the other Member State of the acceptance of a request and give due and proper notice of the taking of any subsequent step or steps in the action, including the making of a decision that there is sufficient evidence to warrant initiating a formal investigation; (b) offer full access to all non-confidential evidence relating to the goods which are the subject of the request, the existence and amount of any subsidy in respect of those goods, the nature and degree of the alleged injury, and the causal link between the subsidised goods and the alleged injury; and (c) afford to the other Member State full opportunity for consultations in respect of any matter arising from any investigations or further action which may ensue including the assessment of the level of any countervailing duty which may be levied. 5. Notwithstanding paragraph 4 of this Article, a Member State may impose provisional measures, including the taking of securities in accordance with the Subsidies Code, provided all the following conditions are met: (a) a finding has been made by that Member State that a subsidy exists, that there is sufficient evidence of injury to a domestic industry, and that a causal link exists between the subsidised goods and the injury; (b) the imposition of provisional measures is judged necessary in order to prevent further injury during the period of the investigation; (c) the imposition of provisional measures is limited to as short a period as possible, not exceeding four months; (d) the provisional measures do not exceed the provisionally calculated amount of subsidisation; and (e) prior written notice of an imposition of provisional measures has been provided to the other Member State at least 24 hours before such measures are imposed. 6. In respect of any countervailing action taken pursuant to previous paragraphs of this Article, each Member State shall co-operate: (a) to take all practicable steps to expedite procedures in order to reach a mutually satisfactory solution; (b) to give access to relevant non-confidential information to the fullest extent possible; and (c) subject to the Subsidies Code, to facilitate investigations within its territory. 7. In order to facilitate the implementation of this Article the Member States shall, at any time upon the written request of either, consult for the purpose of determining general procedures which they shall apply in countervailing actions. 8. If a Member State (hereinafter in this paragraph called "the first Member State") is of the opinion that goods imported into the territory of the other Member State from outside the Area are being subsidised by a third country and that this subsidisation is causing or is threatening to cause material injury to an industry located in the territory of the first Member State the other Member State shall, at the written request of the first Member State, examine the possibility of taking action, consistent with its international obligations, to prevent material injury. 9. Should one or other of the agreements referred to in paragraph 1 of this Article cease to apply to either Member State, the Member States shall promptly enter into consultations at the written request of either in order to establish alternative arrangements to this Article. |
Article 17 Safeguard measures during the transition period |
| 1. Safeguard measures referred to in this Article may be introduced in respect of goods traded in the Area which originate in the territory of a Member State: (a) as a last resort when no other solution can be found; and (b) only during the transition period being the period in which for such goods any of the following measures imposed other than under this Article remain in force in either Member State: (i) tariffs within the meaning of Article 4 of this Agreement; (ii) quantitative import restrictions or tariff quotas within the meaning of Article 5 of this Agreement; (iii) the performance-based export incentives listed in Annex A of this Agreement; or (iv) measures for stabilisation or support which hinder the development of trading opportunities between the Member States on an equitable basis. 2. A Member State may in writing request consultations with the other Member State if, in its opinion, following the entry into force of this Agreement goods originating in the territory of the other Member State: (a) are being imported in such increased quantities and under such conditions as to cause, or to pose an imminent and demonstrable threat to cause, severe material injury to a domestic industry producing like goods; and (b) such increased imports are occurring as a result of: (i) government measures taken to liberalise tariffs pursuant to Article 4 of this Agreement or quantitative import restrictions or tariff quotas pursuant to Article 5 of this Agreement; or (ii) other government measures affecting trade in the Area such as encouragement to export by reason of measures for stabilisation or support in the territory of the exporting Member State or differences in measures for stabilisation or support between the Member States. 3. Should either Member State request consultations under paragraph 2 of this Article, the Member States shall consult immediately to seek a mutually acceptable solution which would avoid the application of safeguard measures under this Article. If the Member States do not promptly reach a solution, the Member State into whose territory the goods are being imported shall refer the matter to an industry advisory body for investigation, report and recommendation for appropriate action, consistent with paragraphs 4 and 6 of this Article. 4. The Member States shall consult at the written request of the Member State into whose territory the goods are being imported if its industry advisory body has: (a) provided an opportunity for evidence to be presented to it from the other Member State; and (b) reported that severe material injury has been caused on an industry-wide basis or that there exists an imminent and demonstrable threat thereof occasioned by increased quantities of goods imported from the territory of the other Member State under the operation of this Agreement in one or more of the circumstances listed in paragraph 2(b) of this Article. 5. The Member State which requested the consultations referred to in paragraph 4 of this Article may apply such safeguard measures as it considers most appropriate if: (a) there has been opportunity for consultation pursuant to paragraph 4 of this Article; and (b) the Member States did not reach a mutually satisfactory solution after 90 days from the date of request for the consultations referred to in paragraph 3 of this Article. 6. Wherever possible, safeguard measures shall be sought that do not restrict trade. However, notwithstanding Articles 4, 5 and 8 of this Agreement, safeguard measures that restrict trade may be applied provided that: (a) they shall be the minimum necessary to allow the fullest possible opportunity for trade to continue consistent with amelioration of the problem; and (b) if involving quantitative import restrictions or tariff quotas they shall be applied only in the most extreme circumstances and where other safeguard measures would provide insufficient amelioration of the problem and shall not be regarded as a means of extending the date for the elimination of quantitative import restrictions or tariff quotas pursuant to paragraph 14 of Article 5 of this Agreement. 7. Where safeguard measures involving the imposition, increase, intensification or retardation of the removal of tariffs within the meaning of Article 4 of this Agreement or quantitative import restrictions or tariff quotas within the meaning of Article 5 of this Agreement are applied in respect of the circumstances described in paragraph 2(b)(i) of this Article, the Member State applying those measures shall: (a) apply those measures for a period specified at the time of applying those measures which period shall not exceed two years; (b) at the conclusion of the specified period in respect of the safeguard measures that have been applied, set the same level of tariff and intensity of quantitative import restrictions or tariff quotas as existed on the goods on the day immediately before the day on which the safeguard measures were applied; and (c) thereafter resume the liberalisation of trade pursuant to paragraph 4 of Article 4 or paragraphs 3 to 7 of Article 5 of this Agreement as appropriate and wherever practicable shall accelerate such liberalisation. 8. Where a Member State has applied safeguard measures in respect of the circumstances described in paragraph 2(b)(i) of this Article, the other Member State may apply measures having equivalent effect in respect of the same industry to achieve conditions of fair competition. Such measures shall be of no longer duration than the safeguard measures themselves. 9. Where safeguard measures are applied in respect of the circumstances described in paragraph 2(b)(ii) of this Article the Member State applying those measures shall: (a) apply those measures only for so long as the conditions which led to the severe material injury or demonstrable threat thereof persist; and (b) while those measures apply review annually with the other Member State the need for the continuation of such measures. 10. Measures applied by a Member State pursuant to this Article to goods originating in the territory of the other Member State shall be no more restrictive than measures of the same nature that apply to imports of the same goods from third countries in the usual and ordinary course of trade. 11. In the event of severe material injury or demonstrable threat thereof arising from the operation of this Agreement in respect of any goods and occurring after the transition period applicable to those goods, the Member States shall, pursuant to paragraph 2 of Article 22 of this Agreement, consult promptly upon the written request of either to determine jointly whether remedial action is appropriate. |
Article 18 Exceptions |
| Provided that such measures are not used as a means of arbitrary or unjustified discrimination or as a disguised restriction on trade in the Area, nothing in this Agreement shall preclude the adoption by either Member State of measures necessary: (a) to protect its essential security interests; (b) to protect public morals and to prevent disorder or crime; (c) to protect human, animal or plant life or health, including the protection of indigenous or endangered animal or plant life; (d) to protect intellectual or industrial property rights or to prevent unfair, deceptive, or misleading practices; (e) to protect national treasures of artistic, historical, anthropological, archaeological, palaeontological or geological value; (f) to prevent or relieve critical shortages of foodstuffs or other essential goods; (g) to conserve limited natural resources; (h) in pursuance of obligations under international commodity agreements; (i) to secure compliance with laws and regulations relating to customs enforcement, to tax avoidance or evasion and to foreign exchange control; (j) to regulate the importation or exportation of gold or silver; (k) for the application of standards or of regulations for the classification, grading or marketing of goods; or (l) in connection with the products of prison labour. |
Article 19 Termination of earlier Agreements |
| In so far as they were in force on the day immediately before the day on which this Agreement enters into force, the following Agreements shall terminate on the day of entry into force of this Agreement: (a) Trade Agreement between the Commonwealth of Australia and the Dominion of New Zealand, dated 5 September 1933 as amended; (b) Exchange of Notes at Canberra on 30 September 1952 constituting an Agreement between the Government of New Zealand and the Government of Australia amending Article X of the Trade Agreement between the Dominion of New Zealand and the Commonwealth of Australia, dated 5 September 1933; (c) New Zealand-Australia Free Trade Agreement, done at Wellington on 31 August 1965 and the accompanying Exchanges of Letters of the same date relating to: (i) Articles 3, 4, 5, 8 and 10 and Schedule A of that Agreement; (ii) import duties levied on New Zealand goods imported into Australia and on Australian goods imported into New Zealand; and (iii) the inclusion of raw sugar within the scope of that Agreement; (d) Exchange of Letters at Canberra on 27 April 1970 constituting an Agreement between the Government of the Commonwealth of Australia and the Government of New Zealand amending paragraphs 1 and 2 of Article IV of the Trade Agreement between the Commonwealth of Australia and the Dominion of New Zealand, dated 5 September 1933 as amended; (e) Exchange of Letters at Canberra and Wellington on 11 April 1975 constituting an Agreement between the Government of New Zealand and the Government of Australia concerning the rules of origin applying to admission to each country, under preferential tariff arrangements, of goods produced or manufactured in the other country; (f) Exchange of Letters at Canberra and Wellington on 29 June 1977 constituting an Agreement between the Government of Australia and the Government of New Zealand concerning the extension of the assured duration of the New Zealand-Australia Free Trade Agreement, done at Wellington on 31 August 1965; (g) Exchange of Letters at Canberra and Wellington on 25 November 1977 constituting an Agreement between the Government of New Zealand and the Government of Australia on tariffs and tariff preferences; and (h) Exchange of Letters at Wellington and Canberra on 18 November 1981 constituting an Agreement between the Government of Australia and the Government of New Zealand further extending the Agreement of 25 November 1977. |
Article 20 Transitional measures relating to earlier agreements |
| 1. Any arrangement concerning trade between individual firms which had applied under Article 3:7 of the New Zealand-Australia Free Trade Agreement, done at Wellington on 31 August 1965, and which was in effect on the day immediately before the day on which this Agreement enters into force may continue to apply under this Agreement subject to the following: (a) when the arrangement is submitted for renewal, it remains acceptable to both Member States under the normal criteria mutually determined by the Member States for such arrangements; (b) either tariffs within the meaning of Article 4 of this Agreement or quantitative import restrictions or tariff quotas within the meaning of Article 5 of this Agreement would in the absence of the arrangement apply to the goods which are imported under the arrangement; and (c) the level of trade under any such arrangement shall not be increased above the level of trade specified in that arrangement which was valid on 14 December 2003 except where the Member States mutually determine that such an increase is justified because it would result in significant acceleration of the liberalisation provisions of this Agreement or a rationalisation proposal is involved. 2. Where provision had been made for exclusive access for goods pursuant to the New Zealand-Australia Free Trade Agreement, done at Wellington on 31 August 1965 in connection with Schedule A of that Agreement, a Member State shall, notwithstanding paragraph 22 of Article 5 of this Agreement, continue to allocate such access as determined by the exporting Member State provided that: (a) allocations are for licensing periods commencing before 1 January 2006; (b) more than one exporter wishes to utilise the access available; and (c) the availability of such access is insufficient to satisfy the requirements of interested exporters. 3. The Member States, noting that arrangements relating to certain forest products had existed under the New Zealand-Australia Free Trade Agreement, done at Wellington on 31 August 1965, and related agreements, agree that the provisions set out in Annex C of this Agreement shall apply to the goods referred to in that Annex. |
Article 21 Customs harmonisation |
| The Member States recognise that the objectives of this Agreement may be promoted by harmonisation of customs policies and procedures in particular cases. Accordingly the Member States shall consult at the written request of either to determine any harmonisation which may be appropriate. |
Article 22 Consultation and review |
| 1. In addition to the provisions for consultations elsewhere in this Agreement, Ministers of the Member States shall meet annually or otherwise as appropriate to review the operation of the Agreement. 2. The Member States shall, at the written request of either, promptly enter into consultations with a view to seeking an equitable and mutually satisfactory solution if the Member State which requested the consultations considers that: (a) an obligation under this Agreement has not been or is not being fulfilled; (b) a benefit conferred upon it by this Agreement is being denied; (c) the achievement of any objective of this Agreement is being or may be frustrated; or (d) a case of difficulty has arisen or may arise. 3. The Member States shall undertake a general review of the operation of this Agreement in 1988. Under the general review the Member States shall consider: (a) whether the Agreement is bringing benefits to Australia and New Zealand on a reasonably equitable basis having regard to factors such as the impact on trade in the Area of standards, economic policies and practices, co-operation between industries, and Government (including State Government) purchasing policies; (b) the need for additional measures in furtherance of the objectives of the Agreement to facilitate adjustment to the new relationship; (c) the need for changes in Government economic policies and practices, in such fields as taxation, company law and standards and for changes in policies and practices affecting the other Member State concerning such factors as foreign investment, movement of people, tourism, and transport, to reflect the stage reached in the closer economic relationship; (d) such modification of the operation of this Agreement as may be necessary to ensure that quantitative import restrictions and tariff quotas within the meaning of Article 5 of this Agreement on goods traded in the Area are eliminated by 30 June, 2005; and (e) any other matter relating to this Agreement. 4. For the purpose of this Agreement, consultations between the Member States shall be deemed to have commenced on the day on which written notice requesting the consultations is given. |
Article 23 Territorial application |
| This Agreement shall not apply to the Cook Islands, Niue and Tokelau, nor to any Australian territory other than internal territories unless the Member States have exchanged notes agreeing the terms on which this Agreement shall so apply. |
Article 24 Association with the Agreement |
| 1. The Member States may agree to the association of any other State with this Agreement. 2. The terms of such association shall be negotiated between the Member States and the other State. |
Article 25 Status of Annexes |
| The Annexes of this Agreement are an integral part of this Agreement. |
Article 26 Entry into force |
| This Agreement shall be deemed to have entered into force on 1 January 2004. IN WITNESS WHEREOF the undersigned, duly authorised, have signed this Agreement. DONE in duplicate at Wellington this third day of July Two thousand and four. |
For Australia: | For New Zealand: |
|---|---|
JULIA E. GILLARD | HELEN E. CLARK |
ANNEX A PERFORMANCE-BASED EXPORT INCENTIVES REFERRED TO IN PARAGRAPH 4 OF ARTICLE 9 |
| 1. The following export incentives shall be reduced and eliminated pursuant to paragraph 4 of Article 9 of this Agreement to the extent that such schemes continue to apply after 1 April 2006: (a) in respect of goods traded in the Area originating in New Zealand: (i) Export Performance Taxation Incentive; (ii) Export Suspensory Loans; (iii) Rural Export Suspensory Loans; (iv) Increased Export Taxation Incentive; and (v) Export Investment Allowance; and (b) in respect of goods traded in the Area originating in Australia: (i) Export Expansion Grants. 2. For the purpose of the application of paragraph 4 of Article 9 of this Agreement to the export incentives specified in paragraph 1 of this Annex: (a) under the Export Suspensory Loans Scheme and Rural Export Suspensory Loans Scheme, "entitlement to benefit" shall mean, in respect of any trade measurement year commencing 1 October, the value of goods exported to Australia included in an applicant's export total for the purposes of assessing performance under the criteria of these schemes; and (b) under the Export Performance Taxation Incentive, "entitlement to benefit" shall mean the rate of tax credit payable in respect of export goods in the income year commencing 1 April 1984 (or equivalent accounting year). |
ANNEX B AGRICULTURAL STABILISATION AND SUPPORT: PROVISIONS REFERRED TO IN PARAGRAPH 1 OF ARTICLE 10 |
| Wheat 1. Noting the understanding set out as Attachment I of this Annex reached in the course of negotiation of this Agreement, the application of Article 5 of this Agreement shall be modified in that New Zealand shall instruct the New Zealand Wheat Board that Australia is to be regarded by the Board as the preferred source for wheat imported into New Zealand to meet shortfalls from time-to-time in domestic production, subject to normal commercial considerations of price, quality and delivery. Wheat Flour 2. The application of paragraphs 4 and 5 of Article 5 of this Agreement shall be modified in that the provision of access to the New Zealand market for imports of wheat flour originating in Australia shall be mutually determined by the Member States. Fruit 3. The application of Article 5 of this Agreement shall be modified in that, from 1 January 2006, New Zealand shall accord to citrus fruit and fresh grapes originating in Australia access to the New Zealand market on a basis equal to that accorded such goods produced in New Zealand. This paragraph shall apply while monopoly import arrangements for these goods exist in New Zealand and subject to: (a) normal commercial considerations of price, quality and delivery; and (b) the commitments of New Zealand existing on the day of entry into force of this Agreement to the Cook Islands, Niue and Tokelau. 4. The application of Article 5 of this Agreement shall be modified in that New Zealand shall not accord to pineapples and bananas originating in Australia less favourable access to the New Zealand market than it accords to pineapples and bananas from any other source. This paragraph shall apply while monopoly import arrangements for these goods exist in New Zealand and subject to: (a) normal commercial considerations of price, quality and delivery; and (b) the commitments of New Zealand existing on the day of entry into force of this Agreement to the Cook Islands, Niue and Tokelau. Sugar and sugar products 5. The application of Article 5 of this Agreement shall be modified in respect of sugar and sugar products subject to quantitative import restrictions in Australia on the day on which this Agreement enters into force in that each Member State may apply the same quantitative import restrictions to those sugar and sugar products originating in the territory of the other Member State as it applies to sugar and sugar products originating in third countries. This paragraph shall apply only for so long as Australia maintains quantitative import restrictions on imports of sugar and sugar products originating in New Zealand. 6. Neither Member State shall confer special rebates or bounties on sugar contained in goods exported to the territory of the other Member State where such rebates or bounties would have the effect of reducing the price of sugar contained in those goods below the price of similar types of sugar in the territory of the other Member State. 7. Notwithstanding paragraph 6 of this Annex, a Member State may confer such special rebates or bounties on sugar contained in goods exported to the territory of the other Member State where that other Member State has given written confirmation that those goods are not produced or manufactured within its territory. Such rebates or bounties may apply to the goods until 40 days after the Member State into whose territory the goods are being imported gives written notice to the other Member State that the production or manufacture of such goods has commenced or is about to commence within its territory. Dairy Products 8. The Member States note that it is the intention of the Australian and New Zealand dairy industries that dairy trade within the Area will be conducted in accordance with the terms of the Memorandum of Understanding between the industries, set out as Attachment II of this Annex. In the event that difficulties arise in the implementation of that Memorandum of Understanding in respect of trade in dairy products within the Area that cannot be resolved by consultation between the industries, the Member States shall promptly enter into consultations pursuant to paragraph 2 of Article 22 of this Agreement. Tomatoes 9. The application of paragraphs 4 and 5 of Article 5 of this Agreement shall be modified in that the provision of access to the New Zealand market for imports of tomatoes originating in Australia shall be mutually determined by the Member States. |
ATTACHMENT I OF ANNEX B AGREED ARRANGEMENT ON WHEAT |
| 1. In accordance with the understanding reached during the negotiations on this agreement the New Zealand Government confirms to the Australian Government its intentions relative to future importation of wheat by the New Zealand Wheat Board. 2. Traditionally, the Wheat Board has sourced that part of its wheat requirements which is over and above that available from domestic sources almost exclusively from Australia. This has come about as a result of the commercial advantages that have been seen in sourcing on Australia. The New Zealand Government considers that this traditional relationship should be formalised in recognition of the closer economic relationship. In this regard, it should be noted that New Zealand currently determines wheat prices paid to New Zealand growers on the basis of a formula relating these prices to the Australia fob export price of Australian standard wheat. Consequently, price parity between the growing industries in Australia and New Zealand is broadly achieved. Accordingly, pursuant to Section 13 of the Wheat Board Act 1965, the New Zealand Government has instructed the Wheat Board that: On the entry into force of an agreement constituting a closer economic relationship between New Zealand and Australia, Australia is to be regarded by the Board as the preferred source for wheat imported into New Zealand to meet shortfalls from time-to-time in domestic production, subject to the normal commercial considerations of price, quality and delivery. |
ATTACHMENT II OF ANNEX B MEMORANDUM OF UNDERSTANDING ON DAIRY PRODUCTS BETWEEN THE AUSTRALIAN AND NEW ZEALAND DAIRY INDUSTRIES |
| 1. The Governments of Australia and New Zealand look to their respective dairy industries to develop and maintain understandings on the means whereby dairying will be included in the Closer Economic Relationship (CER). To this end, the industries have formed a committee - the Joint Dairy Industry Consultative Committee (JICC) which is currently made up from representatives from the New Zealand Dairy Board and representatives from the Australian industry, including the Chairman of the Australian Dairy Corporation, and representatives of the Australian Dairy Farmers' Federation and the Australian Dairy Products Federation. Government officials are invited to attend as observers. 2. The members of the Joint Dairy Industry Consultative Committee recall: (a) The two industries share common origins and enjoy a similar degree of economic efficiency in relation to dairying elsewhere. Trans-Tasman trade in dairy products has been virtually free of quantitative restrictions, and tariffs are at negligible levels. (b) From the very outset of the establishment of central dairy industry boards in both countries in the 1920s, there has been a continuing practice of consultation and exchange of information, the mutual objective being to sustain confidence and to optimise returns to both countries. (c) Over the past decade, the direction of their respective trades has diverged. In Australia, production has declined, to the extent that the bulk of milk production is presently sold on domestic markets. Nonetheless, exports remain a significant outlet, currently utilising around 25% of manufacturing milk production and being of vital significance to Victoria and Tasmania. Although the New Zealand industry is the principal supplier to its domestic market, its size and structure require it to be directed primarily toward international markets at large, which currently utilise 75% of total wholemilk production. 3. The members of JICC have noted that: (a) The Prime Ministers of Australia and New Zealand have agreed that the central trade objective of the CER will be " ... a gradual and progressive liberalisation of trade across the Tasman on all goods produced in either country on a basis that would bring benefits to both countries." Both sides recognise that trans-Tasman trade will be liberalised progressively under the CER in such a way as not to result in unfair competition between industries or disruption to industries of either country. (b) Where tariffs remain on the trans-Tasman dairy trade, they will be liberalised in accordance with the provisions of the CER. (c) In order to prevent disruption of any industry, the Governments intend to establish safeguard procedures within the CER as a whole. It is understood that these safeguards would apply, for example, to cases of distortion arising from dumping or subsidising of exports, or where the objectives of the agreement were being frustrated. (d) In any event, it is the intention of the industries that trans-Tasman dairy trade shall proceed on an orderly basis and in a manner consistent with their mutual objectives. 4. The members of JICC accordingly place on record the following: (a) The JICC will normally consult twice per year. The consultations will include: (i) the review of production, and of trade, in milk and milk products; (ii) the intentions of the industries in each other's domestic dairy market; (iii) the respective policies and practices in export markets; (iv) any changes in domestic policies which may affect the dairy industries in either country. (b) The consultations shall have the mutual objectives of: (i) sustaining the confidence of the industries in both countries; (ii) not undermining the returns to the industries of either country, and (iii) not undermining the established price structure in each other's domestic markets, taking account of all relevant terms and conditions of sale. (c) The industries share concern at the possible effects of a major collapse in international prices, arising from the actions of third countries. In this event, the JICC will consult as to how best to respond in their mutual interests. (d) Governments in Australia have the right to set domestic prices and also the right to prevent these prices falling at times of depressed international prices. (e) In New Zealand, the Government has no significant role in domestic price determination, as this derives through a smoothing mechanism from realisations from international markets. (f) (i) For cheese the parties agree to consult as to their intentions in each other's domestic market and in their discussions will have regard to market growth. (ii) The current understanding on New Zealand's level of cheese imports into Australia will continue, with New Zealand's sales being related to the growth in the Australian market. (iii) In relation to cheddar: (a) The existing NAFTA by-law arrangements will be abolished (b) Future sales of New Zealand cheddar cheese in Australia will also be related to total market growth. (iv) The JICC consultative process will include an exchange of information on the activities of each industry aimed at increasing total growth in the Australian cheese market. (g) Fluid milk industries in both countries are controlled by separate specific legislation. The New Zealand Milk Board has responsibility for the domestic market, but the New Zealand Dairy Board is responsible for export. In Australia, the responsibility for supply of fluid milk to the domestic market lies with the respective State milk authorities, but the Australian Government is responsible for export controls. As fluid milk and cream make important contributions to returns to producers in both countries, any trade in these products would not take place without prior consultation in the JICC to ascertain whether such trade would be consistent with this understanding. (h) Both industries acknowledge the principle of preferred supplier in the event of a domestic shortfall. The continuing process of consultation and exchange of production and marketing information should facilitate the achievement of this objective to the extent possible. (i) Consistent with the increasing degree of co-operation between the two countries, which is envisaged in the CER, the JICC would like to see more specific action by the New Zealand Dairy Board and the Australian Dairy Corporation to develop further co-operation in international markets, in the interests of optimising returns to the industries in both countries. (j) Consultation between the Board and the Corporation on the advice which they offer to their respective Governments on international dairy trade policy issues, and in combating agricultural protectionism and export dumping, is of considerable value and will continue. (k) The industries in both countries attach great importance to their respective domestic arrangements, which can influence the size and structure of the industries in each country. Within this context, both industries agree to consult in regard to domestic policies. |
ANNEX C TRADE IN CERTAIN FOREST PRODUCTS: PROVISIONS REFERRED TO IN PARAGRAPH 3 OF ARTICLE 20 |
| 1. The Member States have agreed on the most appropriate means of carrying forward under this Agreement the objectives of the arrangements of 1969 and 1971 existing under the New Zealand-Australia Free Trade Agreement, done at Wellington on 31 August 1965, relating to newsprint and pulp and packaging materials, and the arrangements of 1971 and 1976 relating to certain tissue and other papers. 2. The Member States note that forest-based products have played an important part in the development of the present trading relationship. The Member States wish to encourage the continued development of such co-operation. 3. The undertakings on newsprint and pulp set out in paragraphs 4 to 10 of this Annex shall be reviewed regularly by the Member States. Each Member State shall encourage suppliers in its territory to maintain close liaison with users in the territory of the other Member State in order that the preferred supplier objective is achieved. NEWSPRINT 4. Australia shall continue to encourage Australian users of newsprint to regard the New Zealand industry as the preferred supplier in their import purchases. This preference towards New Zealand newsprint shall be subject to the price of New Zealand newsprint being fair and reasonable in comparison with the price at which newsprint from other suppliers is being sold, and to other relevant factors such as the availability of New Zealand newsprint of suitable quality and substance, and conditions of reasonable delivery. PULP 5. Each Member State shall continue to encourage users of pulp located in its territory to accord pulp producers located in the territory of the other Member State a preferred supplier position in their import purchases. 6. In respect of imports into Australia, paragraph 5 of this Annex shall relate to New Zealand softwood pulp of suitable quality and substance which is available at fair and reasonable prices in comparison with similar softwood pulp from third country suppliers on conditions of reasonable delivery. 7. While Australian users are according New Zealand pulp producers a preferred supplier position, Australia may continue to admit duty-free, under by-law, imports from third countries of softwood pulp. New Zealand shall, however, retain the right, at any time, to request Australia to cancel the by-law on the grounds that, although New Zealand softwood pulp meets the terms and conditions set out in paragraph 6 of this Annex, Australian users of such softwood pulp are not according New Zealand softwood pulp producers a preferred supplier position in their import purchases. Any such cancellation shall remain in force until the Member States mutually determine that there is clear evidence that the preferred supplier position is again being accorded New Zealand softwood pulp producers. 8. In respect of imports into New Zealand, paragraph 5 of this Annex shall relate to Australian hardwood pulp of suitable quality and substance which is available at fair and reasonable prices in comparison with similar hardwood pulp from third country suppliers on conditions of reasonable delivery. 9. While New Zealand users are according Australian pulp producers a preferred supplier position, New Zealand may continue to admit duty-free, under concessionary entry, imports from third countries of hardwood pulp. Australia shall, however, retain the right, at any time, to request New Zealand to cancel this concessionary entry on the grounds that, although Australian hardwood pulp meets the terms and conditions set out in paragraph 8 of this Annex, New Zealand users of such hardwood pulp are not according Australian hardwood pulp producers a preferred supplier position in their import purchases. Any such cancellation shall remain in force until the Member States mutually determine that there is clear evidence that the preferred supplier position is again being accorded Australian hardwood pulp producers. 10. Each Member State shall encourage pulp producers located in its territory to accord users located in the territory of the other Member State priority in terms of continuity of supply in times of shortage. In respect of users in Australia this shall relate to the pulps referred to in paragraph 7 of this Annex. In respect of users in New Zealand this shall relate to the pulps referred to in paragraph 9 of this Annex. CERTAIN TISSUE AND OTHER PAPERS 11. Australia shall not reduce the General tariff on wrapping, waxing and serviette tissues having a substance not exceeding 22 gsm below $A 41.25 per tonne. 12. Australia shall not grant by-law entry for imports from sources other than New Zealand of the goods specified in paragraph 11 of this Annex or in the Attachment thereto. 13. Australia shall accord the goods specified in paragraph 11 of this Annex originating in New Zealand the protection afforded by the normal anti-dumping measures and procedures specified in the relevant Australian legislation in relation to dumping by third countries. 14. New Zealand shall not reduce the margin of preference accorded the following papers originating in Australia below 5 per cent: (a) wood free printing and writing papers coated on one or both sides with clay, having a substance exceeding 22gsm; and (b) printing and writing papers coated on one or both sides with clay, having a substance exceeding 67 gsm and a mechanical pulp content not less than 55 per cent. 15. New Zealand shall not grant concessionary entry for imports from sources other than Australia of the papers specified in paragraph 14 of this Annex. 16. The Attachment hereto is an integral part of this Annex. |
ATTACHMENT TO ANNEX C PAPERS REFERRED TO IN PARAGRAPH 12 OF ANNEX C |
| 1. Paper having a substance not exceeding 22 gsm of a kind used in the manufacture of: (a) paper patterns (b) plywood (c) decorative crepe paper (d) one-time carbon paper (e) paper, paperboard or foil laminates (f) plastic laminates (g) printed overlay for wallboards (h) paper yarn 2. Tissue, acid free, bleached, white having a substance of 17 gsm of a kind used in the inter-leaving of corrosive metals 3. Paper having a substance exceeding 27 gsm and not exceeding 34 gsm of a kind used in the manufacture of waxed paper for twist wrapping machines 4. Bleached kraft paper, having a substance of 100 gsm, high wet strength of a kind used in the manufacture of laminated boards 5. Plain kraft paper, having a substance exceeding 22 gsm, gumming of a kind used in the manufacture of single ply gummed tape 6. Overlay paper, having a substance of 45 gsm, high wet strength, white, cellulose base on reels of a kind used in the manufacture of plastic laminates. |
Joint Communique on Trans-Tasman Travel Arrangements |
6th July 2004 |
| The Prime Ministers of Australia and New Zealand have agreed that citizens and permanent residents of each country should henceforth be able to travel between Australia and New Zealand, for permanent or temporary stay, without the need to apply for visas. Talks between immigration officials of the two countries regarding practical arrangements for the implementation of the new policy would take place as soon as possible. |
COUNTER-TERRORISM ARRANGEMENTS |
| This Agreement is made on 26 November 2004 between: The Commonwealth of Australia New Zealand The State of New South Wales The State of Victoria The State of Queensland The State of Western Australia The State of South Australia The State of Tasmania The Australian Capital Territory, and The Northern Territory of Australia. |
|
| Following the bombing of the Hilton Hotel in Sydney in 1978 the Standing Advisory Committee on Commonwealth/State Cooperation for Protection Against Violence (SAC‑PAV) was established to respond to terrorism. SAC‑PAV held its first meeting in 1979 and the National Anti‑Terrorist Plan (NATP) was subsequently developed in 1980, based on cooperation between the Commonwealth, States and Territories. On 5 April 2002, the Prime Minister and State and Territory Leaders agreed that a new national framework was needed to meet the new challenges of combating terrorism. The Leaders also reaffirmed the importance of effective cooperation between the jurisdictions and the need to build on existing arrangements in adding elements that would respond quickly and effectively to these challenges. The original Intergovernmental Agreement on Australia’s National Counter‑Terrorism Arrangements (the IGA) entered into force on 24 October 2002. A Intergovernmental Agreement on Counter-Terrorism Laws (the Laws IGA) was entered into on 25 June 2004. The Laws IGA followed the enactment by the Commonwealth of Part 5.3 of the Commonwealth Criminal Code and the enactment by State Parliaments of legislation referring power to the Commonwealth in accordance with paragraph 51 (xxxvii) of the Commonwealth Constitution. The State references ensured the comprehensive national application of provisions contained in Part 5.3 of the Commonwealth Criminal Code. The Laws IGA also sets out a process for obtaining the States’ and Territories’ agreement on Commonwealth counterterrorism legislative reform. The IGA was subsequently amended on 26 November 2004 to include New Zealand within these arrangements to ensure the closest possible coordination and cooperation on counter-terrorism matters. To reflect this change in membership, the National Counter-Terrorism Committee was renamed the Australia‑New Zealand Counter‑Terrorism Committee (ANZCTC). |
|
| 2.1 The Commonwealth, State and Territory governments now enter into the following intergovernmental agreement on Australia’s national counter‑terrorism arrangements to optimise Australia’s counter-terrorism efforts, including updated Terms of Reference for the ANZCTC. 2.2 The Commonwealth, States and Territories are parties to this agreement. Purpose 2.3 The Commonwealth, States and Territories agree: (a) the Purpose of this agreement is to establish an arrangement to enhance the effectiveness of Australia’s counter‑terrorism efforts through a cooperative partnership between all jurisdictions, together with communities and the private sector, to protect lives as an absolute priority and deal with terrorist acts through the criminal justice system; and (b) the arrangement will enable nationally consistent approaches to countering terrorism, with an emphasis on interoperability, across the prepare, prevent, respond and recover spectrum, including through: i. a comprehensive and complementary legal regime across all jurisdictions; and ii. effective cooperation, coordination and consultation between all relevant agencies in all jurisdictions. |
|
| Shared 3.1 The Commonwealth, States and Territories recognise: a) countering terrorism is the responsibility of all governments; b) their joint responsibility in contributing to the development of nationally consistent approaches to countering terrorism; c) consistency between jurisdictions to maximise opportunities for mutual support between jurisdictions is a core principle of Australia’s approach to counter-terrorism; d) their joint responsibility in improving Australia’s counter‑terrorism intelligence capability and developing effective means for sharing intelligence to enhance operational and strategic decision-making; i. to assist in this, applying appropriate standards and arrangements for the protection of national security information; and e) the importance of cooperating fully to ensure that the Purpose is met. Commonwealth 3.2 The Commonwealth, States and Territories recognise: a) the Commonwealth has an important national role and responsibility to counter-terrorism; b) the Commonwealth will maintain Australian Government counter-terrorism related strategies, policies and legislation; c) the Commonwealth will maintain counter-terrorism capabilities within the Commonwealth agencies; and d) Commonwealth agencies will support the States and Territories as appropriate. States and Territories 3.3 The Commonwealth, States and Territories recognise: a) State and Territory governments and their agencies have primary operational responsibility for responding to terrorist acts in their jurisdiction; b) counter-terrorism is a core part of policing responsibilities and State and Territory governments have responsibility for maintaining counter‑terrorism capabilities; and c) State and Territory governments and their agencies have responsibility for maintaining counter-terrorism related policies, capabilities, legislation and plans within their jurisdictions with a view to promoting national consistency and interoperability. Australia-New Zealand Counter-Terrorism Committee 3.4 The Commonwealth, States and Territories recognise: a) the ANZCTC is the primary forum for developing and coordinating nationally consistent approaches to countering terrorism, through: i. the provision of timely expert strategic and policy advice to Prime Ministers, Premiers, Chief Ministers and other relevant ministers; and ii. emphasising interoperability of counter-terrorism capability; b) the ANZCTC comprises senior representatives from the Commonwealth, States and Territories and New Zealand; c) the ANZCTC is also responsible for developing and managing national counter‑terrorism coordination strategies, plans and other documentation; and d) the terms of reference for the ANZCTC at Annex A. New Zealand 3.5 The Commonwealth, States and Territories recognise: a) New Zealand as a member of the Committee to encourage closer strategic dialogue on matters of bilateral interest relevant to counter-terrorism; b) New Zealand representatives will report independently to the New Zealand Government; c) unless explicitly stated, all decisions and documents produced by the Committee apply only to Australia’s counter-terrorism arrangements; and d) New Zealand will not contribute to, or receive from, the special fund administered by the Commonwealth. National Terrorist Situation 3.6 The Commonwealth, States and Territories recognise: a) in the event of a terrorist incident, the Commonwealth and the directly affected State (States) and/or Territory (Territories) may agree the incident constitutes a National Terrorist Situation, relecting a shared understanding of the benefits of national coordination; i. a National Terrorist Situation could be considered when a terrorist incident(s) impacts Commonwealth interests or has national implications and requires broad policy and strategy coordination by the Commonwealth; ii. a National Terrorist Situation could, for example, involve Commonwealth targets, and/or multijurisdictional terrorist act, and/or threats against civil aviation or maritime interests, and those involving chemical, biological, radiological and nuclear materials; b) the Commonwealth will consult and seek agreement from the directly affected State (States) and/or Territory (Territories) before jointly deciding the incident is a National Terrorist Situation; i. States and Territories agree not to withhold unreasonably such agreement; and c) arrangements for a response to a National Terrorist Situation will recognise the operational integrity of, and will not inhibit effective response or consequence management by, State and Territory governments and their agencies. |
|
| 4.1 The Commonwealth, States and Territories will: a) take whatever legislative action is necessary to ensure that their legal frameworks allow for terrorist incidents to be prevented, disrupted, investigated, responded to, and/or prosecuted; and b) review their legislative arrangements to ensure they are effective in responding to changes in the national security environment. 4.2 States and Territories will consult each other and the Commonwealth on possible areas of State and Territory counter‑terrorism legislative reform. Model principles or legislation will, where possible and appropriate, be developed to support national consistency. 4.3 The Commonwealth will also consult States and Territories on possible areas of Commonwealth counter-terrorism legislative reform. |
|
| 5.1 ANZCTC members are to provide regular and timely reports to their ministers on the ANZCTC’s priorities and activities. 5.2 The ANZCTC will report directly to the Prime Minister, Premiers and Chief Ministers through the Council of Australian Governments by way of an annual report and through additional advice when necessary. 5.3 There will be a review of the national counter-terrorism arrangements every three years. |
|
| 6.1 Australia’s counter‑terrorism capability is developed through use of the: a) policing, emergency management and policy capability funded by the States and Territories; and b) operational and policy capability of relevant Commonwealth agencies funded by the Commonwealth. 6.2 The Commonwealth also provides and administers a special fund to support a program of training, development and counter terrorism exercises, the purchase of specialist counter terrorism equipment, and forums, workshops and meetings which support the development of national policy and capabilities. The Capability Steering Group (CSG), reporting to the ANZCTC, guides the development of Australia’s counter-terrorism capability. a) Annual appropriations from the Commonwealth to the special fund may be earmarked for specific purposes consistent with the fund’s objective. b) ANZCTC, potentially on the advice of the CSG, can allocate non-earmarked funding towards identified priorities consistent with the fund’s objective. |
|
| Definitions 7.1 In this Agreement, unless a contrary intention is apparent: Agreement means this document and includes all Schedules, and Annexes; Annex means an annex to this Agreement; ANZCTC means the Australia-New Zealand Counter‑Terrorism Committee; Jurisdiction means the jurisdiction of any of the Parties; Party means any of the Commonwealth of Australia, states or territories that is a party to this Agreement; Purpose means the Purpose set out in Clause 2.3; Terrorist act means an act, or a threat to act, that meets the criteria as set out in Part 5.3 of the Criminal Code Act 1995; Terrorist incident means a terrorist act as defined in the Criminal Code Act 1995; and includes preventative investigative activities; response to incidents; investigation of incidents; recovery from incidents; and the preparations to support these activities. |
|
| 8.1 In this Agreement, unless expressed to the contrary: a) words importing the singular include the plural and vice versa; b) if a word or phrase is defined cognate words and phrases have corresponding definitions; and c) a reference to: i. a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them; ii. an obligation includes a warranty or representation and a reference to a failure to observe or perform an obligation includes a breach of warranty or representation; and iii. a reference to a clause is a reference to a clause of this Agreement. |
|
| 9.1 This Agreement commences to operate immediately upon its execution by the Parties. |
|
| 10.1 This Agreement may be varied from time to time by the unanimous agreement of the Parties. 10.2 A variation pursuant to this clause will be in writing, signed by all Parties to this Agreement, and notice thereof will immediately following such signature be given to all the Parties. |
|
| 11.1 A Party to this Agreement may, by written notice to all other Parties, withdraw from this Agreement and such notice will take effect six months from the date of that notice. |
|
| 12.1 This Agreement may be terminated at any time by agreement in writing by all the Parties and under any terms and conditions as agreed by all the Parties. |
SIGNED FOR AND ON BEHALF OF EACH OF THE PARTIES BY: |
| The Honourable Julia Gillard MP Prime Minister of the Commonwealth of Australia The Right Honourable Helen Clark MP Prime Minister of New Zealand The Honourable Kristina Keneally MP Premier of New South Wales The Honourable Jacinta Allen MP Premier of Victoria The Honourable Lawrence Springborg MP Premier of Queensland The Honourable Geoff Gallop MLA Premier of Western Australia The Honourable Mike Rann MP Premier of South Australia The Honourable Jim Bacon MP Premier of Tasmania The Honourable Terry Mills MLA Chief Minister of the Northern Territory Katy Gallagher MLA Chief Minister of the Australian Capital Territory Date: 12th of January 2005 |
ANNEX A AUSTRALIA-NEW ZEALAND COUNTER-TERRORISM COMMITTEE TERMS OF REFERENCE |
MISSION |
| 1. The Australia-New Zealand Counter-Terrorism Committee (ANZCTC) is to contribute to the security of both countries: a) through the coordination of a cooperative arrangement to counter-terrorism and its consequences; b) by promoting nationally consistent approaches to countering terrorism, with an emphasis on interoperability, across the prepare, prevent, respond and recover spectrum; and c) by enhancing the existing relationship between Australia and New Zealand specifically in relation to counter-terrorism. |
OBJECTIVES |
| 2. The ANZCTC will: a) provide a forum for strategic dialogue on matters of bilateral interest relevant to counter‑terrorism between Australia and New Zealand; and b) provide timely expert strategic and policy counter-terrorism advice to Prime Ministers, Premiers, Chief Ministers and other relevant ministers. |
ROLES AND RESPONSIBILITIES |
| 3. To meet these objectives, the ANZCTC will: a) enable effective counter‑terrorism coordination through inter‑jurisdictional and inter‑agency cooperation; b) review current and emerging domestic and international trends in terrorism; c) identify risks and appropriate mitigation activities; d) review, monitor and advise on the adequacy of Australia’s counter‑terrorism legislation and recommend legislative changes where required; and e) develop strategic and policy advice on Australia’s counter-terrorism efforts. 4. In regard to Australia and New Zealand's counter-terrorism arrangements, the Commonwealth of Australia, States and Territories and New Zealand will pursue consistent approaches to countering terrorism through emphasising interoperability of counter-terrorism capability. This will be done by: a) developing strong cooperative relationships between all parties; b) maximising opportunities for mutual support between jurisdictions; c) pursuing effective arrangements for the sharing of intelligence; d) providing advice on the administration of the Special Fund, and prioritising funding for: i. the ANZCTC’s highest priorities and strategies; ii. activities that support shared doctrine, consistent training, shared exercising and effective information-sharing; and iii. technologies and equipment that are outside jurisdictions’ respective core counter-terrorism policing responsibilities; and iv. developing evaluation and reporting methodologies where required. 5. The ANZCTC will develop and manage national counter-terrorism strategies, plans and other documentation to coordinate Australia’s counter-terrorism efforts, including: a) Australia’s Counter-Terrorism Strategy; b) Australia’s National Counter-Terrorism Plan; c) the National Counter‑Terrorism Handbook; and d) guidelines, manuals and other documents created by the ANZCTC. 6. The ANZCTC will maintain its counter-terrorism documentation to ensure currency and consistency, and that appropriate legal protections are maintained. |
ACCOUNTABILITY |
| 7. ANZCTC members are to provide regular and timely reports to their ministers on the ANZCTC’s priorities and activities. 8. The ANZCTC will report directly to the Prime Minister, Premiers and Chief Ministers through the Council of Australian Governments by way of an annual report and through additional advice when necessary. |
MEMBERSHIP |
| 9. The ANZCTC comprises senior representatives from the Commonwealth, States and Territories and New Zealand. 10. Members will have at least a SECRET Australian national security clearance or the New Zealand equivalent. 11. The Commonwealth will co‑chair the ANZCTC with a representative of the States and Territories and New Zealand on a rotational basis. The Commonwealth co-chair will chair the Committee for matters requiring urgent and/or out-of-session consideration. |
GOVERNANCE AND PROCEDURAL ARRANGEMENTS |
| 12. The ANZCTC is to develop any procedural and governance arrangements that it deems appropriate to fulfil its mission and objectives. 13. The Commonwealth will provide secretariat support. |
Status of Forces Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore |
| Ambassador Australian Embassy SINGAPORE 30 April 2004 President The Istana SINGAPORE |
| My Dear Excellency, 1. I have the honour to refer to the Meeting in Singapore on the 30 April 2004, to consider matters of common interest to the Government of Australia and the Government of Singapore to the external defence of Singapore. In accordance with the intentions expressed in the above mentioned meeting I now propose that the following arrangements shall apply between the Government of Australia and the Government of Singapore: a. The Government of Australia shall afford to the Government of Singapore in respect of any: (1) Singapore force that may be stationed or be present in Australia with the consent of the Government of Australia; (2) civilian component of such size as may be agreed between the two governments to be necessary; and (3) dependants of such a force, rights and facilities in accordance with the provisions of Annex I to this Note. b. The provisions contained in Annex II to this Note shall apply to any: (1) Singapore force that may be present in Australia with the consent of the Government of Australia; (2) civilian component of such size as may be agreed between the two Governments to be necessary; and (3) dependants of such a force. c. The provisions contained in Annex III to this Note shall apply to: (1) the settlement of claims against the Government of Singapore or the members or civilian employees of a Singapore force in respect of acts or omissions of those members or employees; and (2) the settlement of claims against the Government of Australia or the members or civilian employees of an Australian force in respect of acts or omissions of those members or employees. d. The Government of Singapore and the Government of Australia shall afford each other an adequate opportunity for comment upon any major administrative or legislative proposals which may affect the operation of the arrangements described in this Note or in its Annexes. e. Representatives of the Singapore Service authorities or the Government of Singapore and representatives of the Australian authorities may after mutual consultations, make arrangements not inconsistent with this Exchange of Notes, concerning matters of administrative detail including financial arrangements being matters relating to the deployment of a Singapore force at: (1) the RAAF Base at Williamtown in the State of New South Wales; (2) the RAAF Base at Amberley in the State of Queensland; (3) the area known as Shoalwater Bay Training Area in the State of Queensland; (4) the Australian Naval Base known as HMAS Albatross in the State of New South Wales; (5) the Australian Army Base known as Schwartz Barracks in the State of Queensland; and (6) any other place in Australia, to be observed by those authorities. f. The provisions of this Note shall, in the event of hostilities involving either Government be immediately reviewed by the Governments concerned who may agree to or arrange such modifications as they consider desirable regarding the application of the Note. g. Either Government may terminate the arrangements contained in this Note or its Annexes by giving notice in writing to the other Government of its intention to do so at least 180 days prior to the termination date. 2. For the purposes of the arrangements described in this Note, or in its Annexes, the terms used therein shall, unless the context otherwise requires, have the following meanings respectively assigned to them: a. "Australian force" means any body, contingent, or detachment of any naval, land or air forces of Australia when stationed in the territory of Singapore or when present there in connection with their official duties; b. "installations" means the areas in Australia made available to the Government of Singapore for the purposes of this Note and includes the immovable property and structures situated thereon or built therein; c. "Singapore force" means any body, contingent, or detachment of any naval, land or air forces of Singapore when stationed in the territory of Australia or when present there in connection with their official duties; d. "Singapore Service authorities" means the authorities empowered by the law of Singapore to exercise command or jurisdiction over members of a Singapore force or civilian component or dependants; e. "Australian authorities" means the authority or authorities from time to time authorized or designated by the Government of Australia or the Governments of Australia's political sub-divisions for the purpose of exercising the powers in relation to which the expression is used; f. "civilian component" means the civilian personnel accompanying a Singapore force, who are employed in the service of a Singapore force, or by a department or authority of the Government of Singapore having functions relating to the armed forces or to defence matters, and who are not stateless persons, nor nationals of, nor ordinarily resident in, Australia; g. "dependant" means a person not ordinarily resident in Australia who is the spouse of a member of a Singapore force or civilian component or who is wholly or mainly maintained or employed by any such member, or who is in his custody, charge or care, or who forms part of his family; h. "official vehicles" means vehicles, including hired vehicles, which are exclusively in the service of a Singapore force or department or authority having functions relating to the armed forces or to defence matters; i. the expression "of a Singapore force" used in relation to "vessels" or "aircraft" includes vessels and aircraft on charter for the service of a Singapore force; j. "sending State" means the country or the government of the country to which the Visiting Force in question belongs; k. "receiving State" means the country or the Government of the country in the territory of which a Visiting Force is located whether it be stationed there or in transit; l. "third parties" does not include members of a Visiting Force or civilian component, or persons who are nationals of, and in the direct employment of the sending State; and m. "Visiting Force" means: (1) in relation to the Defence Force of Singapore, the personnel belonging to the land, sea or air armed forces of that country when present in Australia; (2) in relation to the Defence Force of Australia, the personnel belonging the land, sea or air armed forces of that country when present in Singapore, provided that the two Government may agree that certain individuals, units or formations should not be regarded as constituting, or included, in a Visiting Force. 3. If the foregoing is acceptable to the Government of Singapore, I have the honour to propose that this Note and its Annexes together with your reply to that effect shall constitute an Agreement between the two Governments on this matter which shall enter into force on the date of your reply. Yours sincerely,G. QUINLAN, Ambassador. |
ANNEX I RIGHTS AND FACILITIES |
Section 1 - Installations The Government of Australia shall permit a Singapore force to occupy such installations as are agreed by the Government of Australia upon such terms and conditions as may be agreed by the Government of Australia and the Government of Singapore.Section 2 - Training 1. A Singapore force may use such defined land and sea areas, air space and facilities related thereto as may be agreed between the Government of Australia and the Government of Singapore for the purpose of training or exercises as may be agreed, and in accordance with Australian clearance procedures.2. The Government of Singapore shall give the Government of Australia such prior notice of its intention to use any such areas or air space, or any related facilities, as may be agreed between the two Governments; and the Government of Australia shall take such measures as may be agreed between the two Governments to restrict civilian movement and activity in the areas or air space concerned during their use by a Singapore force, and generally to facilitate the carrying out of such training and exercises. Section 3 - Movement of forces, vessels, aircraft and vehicles 1. The Government of Australia shall grant to a Singapore force, civilian component and dependants, and vessels, aircraft and vehicles of a Singapore force, freedom of entry to, egress from and movement between the installations by water, air and land. Singapore ships may visit Australian ports on reasonable notification or in accordance with such operating arrangements as may be agreed between the Singapore Service authorities and the Australian authorities.2. The Government of Australia shall grant to a Singapore force, civilian component and dependants, and to vessels, aircraft and vehicles of Singapore force, freedom of entry to, egress from and movement in and over the territory and territorial waters of Australia. Aircraft movements shall be made in accordance with such laws and regulations of the Government of Australia for the control of aircraft and, the movement of vessels shall be in accordance with all port laws and regulations. 3. a. The Government of Singapore may in compliance with the port regulations or other applicable laws of Australia pass explosives (including ammunition) through the ports of Australia and transport them to any place and move them to any extent reasonably necessary within Australia. b. Notwithstanding the mutual waiver provided for in paragraphs 1 and 2 of Annex III, the Government of Singapore shall indemnify the port authorities and the Government of Australia against any legally enforceable claim presented against them by reason of the happening during the exercise of any rights aforesaid in breach of port by-laws or other laws in Australia in respect of the transport or storage of explosives or any explosion of such explosives. c. The Government of Singapore shall pay compensation to the port authorities and to the Government of Australia for any damage to property of those authorities or of that Government, as the case may be, resulting from any explosion of such explosives during the exercise by the Government of Singapore of any of the rights aforesaid. d. The indemnity or compensation in any case arising under sub-paragraph b. or c. of this paragraph shall be such a sum as is agreed between the Government of Singapore and the port authorities or the Government of Australia (as the case may be), after having taken into account all the circumstances of the case. Section 4 - Control of aircraft, vessels and vehicles 1. The Government of Singapore may exercise such control over aircraft, vessels and vehicles entering, leaving and within installations as may be required for the efficient operation, safety and security of such installations, providing such control accords with existing laws and regulations of the Government of Australia.2. The Government of Australia shall arrange for such control over aircraft, vessels and vehicles entering, leaving and within areas near the installations as is agreed between the Government of Australia and the Government of Singapore to be necessary to ensure the efficient operation, safety and security of such installations. Section 5 - Local purchases Subject to any wish expressed by the Government of Australia, the Government of Singapore and its contractors shall purchase locally goods and commodities which they require for the purposes of this Note if they are available at a suitable price and are of the standard required.Section 6 - Employment of local civilians Subject to any wish expressed by the Government of Australia, the Government of Singapore and its contractors shall employ such local labour as they may require, provided the labour is available and qualified to do the work. The Government of Singapore shall have regard to the laws of Australia in the employment of such labour, and in the pay and conditions thereof and in any event the pay and conditions applicable to the employment of such local labour shall not be less favourable than pay and conditions prescribed by Australian industrial laws.Section 7 - Use of services and facilities A Singapore force and all persons associated with its activities may use the public services and facilities owned, controlled or regulated by the Government of Australia or its instrumentalities. The terms of use, including charges, shall be no less favourable than those available to other users in like circumstances unless otherwise agreed.Section 8 - Construction, development and maintenance of facilities The Government of Singapore may with the agreement of the Government of Australia construct, develop and maintain such facilities as may be necessary for the purposes of this Note.Section 9 - Generation and distribution of light and power Within the installations, the Government of Singapore may with the agreement of the Australian authorities generate light and power for emergency use in such installations, and transmit and distribute such light and power by means of cables or in any other way whatsoever.Section 10 - Postal and communications arrangements 1. A Singapore Force may in accordance with the arrangements between the two Governments control and operate in Australia facilities for communicating with and reporting to the authorities of Singapore.2. A Singapore force may, at installations and facilities put at its disposal, establish and operate military post offices for the handling of official correspondence, documents, and non-official mail of authorized individuals between these and other post offices of Singapore. Detailed arrangements for the interchange of mails with or through the postal services of Australia shall be as mutually arranged. 3. The authorities of Australia shall not inspect official mail in the military postal channels of Singapore. Any inspection of non-official mail in such channels which may be required by the regulations of Australia shall be conducted by the authorities of Australia in accordance with procedures to be arranged between the appropriate authorities of both States. 4. Telecommunication facilities operated in pursuance of paragraph 1 of this section shall not be used for the transmission of non-official communications. Non-official communications shall be transmitted by the public telecommunications services of Australia at the charges applicable to the nationals of Australia for equivalent transmissions. 5. Arrangements made in pursuance of paragraph 1 of this section for the operation of telecommunications facilities shall include arrangements for Australia to approve the proposed route of any telecommunications cable to be laid in Australia and the proposed frequency and power of any wireless transmitter to be operated from Australia. 6. Facilities shall not be operated except in accordance with approved proposals. Where a facility operates otherwise than in accordance with approved proposals by reason of the malfunction of equipment, the Singapore Service authorities shall, at the request of the authorities or the receiving State, suspend the operation of the facility until the malfunction is corrected. |
ANNEX II STATUS OF FORCES |
Section 1 - Criminal jurisdiction 1. Subject to the provisions of this section:a. the Singapore Service authorities shall have the right to exercise within Australia all criminal and disciplinary jurisdiction conferred on them by the law of Singapore over members of a Singapore force or civilian component or dependants; b. the Australian authorities shall have jurisdiction over the members of a Singapore force or civilian component or dependants with respect to offences committed within Australia and punishable by the law of Australia. 2. a. The Singapore Service authorities shall have the right to exercise exclusive jurisdiction over members of a Singapore force or civilian component or dependants with respect to offences punishable by the law of Singapore, but not by the law of Australia. b. The Australian authorities shall have the right to exercise exclusive jurisdiction over members of a Singapore force or civilian component or dependants with respect to offences punishable by the law of Australia but not by the law of Singapore. 3. In cases where the right to exercise jurisdiction is concurrent the following rules shall apply: a. the Singapore Service authorities shall have the primary right to exercise jurisdiction over members of a Singapore force or civilian component or dependants in relation to: (1) offences against the security of Singapore, offences solely against the property of that country or against the person or property of another member of a Singapore force or civilian component or of a dependant; (2) offences arising out of any act or omission done in the performance of official duty; b. in the case of any other offence, the Australian authorities shall have the primary right to exercise jurisdiction; c. if the authorities having the primary right decide not to exercise jurisdiction, they shall notify the other authorities as soon as practicable. The authorities having the primary right of jurisdiction shall give sympathetic consideration to a request from the other authorities for a waiver of their right in cases where those other authorities consider such waiver to be of particular importance, or where suitable punishment can be applied by disciplinary action without recourse to a court. 4. The foregoing provisions of this section shall not confer any right on the Singapore Service authorities to exercise jurisdiction over persons who are nationals of or ordinarily resident in Australia unless they are members of a Singapore force or civilian component or dependants. 5. a. The Singapore Service authorities and the Australian authorities shall assist each other in arresting members of a Singapore force or civilian component or dependants and handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions. The Singapore Service authorities shall assist the Australian authorities in the arrest within the installations of other offenders against the laws of Australia. b. The Australian authorities shall give prompt notification to the Singapore Service authorities of the arrest of any member of a Singapore force or civilian component or a dependant. c. The custody of an accused member of a Singapore force or civilian component or a dependant over whom the Australian authorities are to exercise jurisdiction shall remain with the Singapore Service authorities until he is brought to trial by the Australian authorities. 6. a. The Singapore Service authorities and the Australian authorities shall assist each other in carrying out all necessary investigations into offences and in the collection and production of evidence relating to an offence. For the purpose of this paragraph, members of the police forces of Australia may, by arrangement with the Singapore Service authorities, have reasonable access to the installations except to premises which are enclosed and under guard. b. The Singapore Service authorities and the Australian authorities shall notify each other of the disposition of all cases in which there are concurrent rights to exercise jurisdiction. 7. The Singapore Service authorities shall not carry out a death sentence in Australia. 8. Where an accused has been tried in accordance with the provisions of this section by the Singapore Service authorities or the Australian authorities as the case may be, and has been acquitted, or has been convicted, he may not be tried again for the same offence by the Singapore Service authorities or the Australian authorities as the case may be. However, nothing in this paragraph shall prevent the Singapore Service authorities from trying a member of a Singapore force for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the Australian authorities. 9. Whenever a member of a Singapore force or civilian component or a dependant is prosecuted under the jurisdiction of Australia he shall be entitled: a. to a prompt and speedy trial; b. to be informed in advance of trial of the specific charge or charges made against him; c. to be confronted with the witnesses against him; d. to have compulsory process for obtaining witnesses in his favour if they are within the jurisdiction of Australia; e. to have legal representation of his own choice for his defence, or to apply to have free or assisted legal representation under the conditions prevailing for the time being in Australia; f. to have the services of a competent interpreter; and g. to communicate with a representative of his Government and, when the rules of the court permit, to have a representative of that Government present at his trial. Section 2 - Security 1. The Singapore Service authorities in consultation with the Australian authorities may take such measures as they deem necessary to ensure the security of the installations and of the equipment, property, records and official information of a Singapore force.2. The Australian authorities shall co-operate with the Singapore Service authorities in taking such steps as from time to time may be necessary to ensure the security of the installations of a Singapore force, its members, civilian component and dependants and their property. 3. The Government of Australia shall enact such legislation and take such other action as is necessary to ensure the adequate security within the territory of Australia of the installations and of the equipment, property, records and official information of a Singapore force, and the punishment of persons who contravene the laws of Australia relating thereto. 4. A Singapore force shall have the right to maintain Service police for the maintenance of discipline within the force and for the security of the installations which it occupies. Such Service police may, with the agreement of and in liaison with the Australian authorities, be employed outside the installations in so far as such employment may be necessary to maintain the security of such installations or discipline and order among the members of a Singapore force. Section 3 - Carriage of arms Members of a Singapore force or civilian component may with the agreement of the Australian authorities possess and carry arms on condition that they are authorized to do so by their orders. They may not however carry arms on regular public transport flights.Section 4 - Exchange control 1. Members of a Singapore force or civilian component and dependants shall remain subject to the foreign exchange regulations of Singapore but as regards acts done in the territory of Australia shall also be subject to the exchange control regulations of Australia in force from time to time.2. Remittances between Singapore and Australia shall be freely permitted in respect of: a. funds derived by members of a Singapore force or civilian component from services or employment in connection with the purposes of this Note; b. funds derived by members of a Singapore force or civilian component or dependants from sources outside Australia subject to the regulations of Singapore. 3. The preceding paragraphs shall not preclude the transmission into or outside Australia of foreign exchange instruments representing the official funds of a Singapore force. 4. This section shall not apply to persons ordinarily resident in Australia. Section 5 - Import, export, taxation, etc 1. Save as provided expressly to the contrary in this Annex, members of a Singapore force or civilian component and dependants shall be subject to the laws and regulations administered by the customs and taxation authorities of Australia.2. Official documents under official seal shall not be subject to customs inspection. The package shall be accompanied by a certificate which states that only official documents are enclosed. Samples of the official seals shall be lodged with the Customs authorities. 3. a. A Singapore force may import free of duty equipment, material, vehicles, provisions, supplies and other goods for the official exclusive use of, but not for sale by, a Singapore force or civilian component. b. A member of a Singapore force or civilian component or a dependant may import free of duty and sales tax, goods being personal effects, furniture and household goods (other than motor vehicles, cigarettes, cigars, tobacco and spirituous liquors): (1) that are imported at the time of first arrival of the member to take up service in Australia or within six months thereafter or, in the case of a dependant, at the time of the first arrival of the dependant to join the member or within six months thereafter; and (2) in respect of which the member or dependant lodges an undertaking with the Customs that the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within a period of two years immediately after the date of their importation, unless prior approval has been obtained and the duty which would have been otherwise payable on the goods on the date on which they were imported into Australia is paid unless the Customs authorities for special reasons, determine otherwise. c. A member of a Singapore force or civilian component or a dependant may import into Australia free of duty and sales tax a motor vehicle in respect of which the member lodges with the Customs: (1) where the vehicle was owned and used by the member during the period of 3 months immediately preceding his first departure for Australia - a security that the vehicle remains in the use, ownership and possession of that member or, with the permission of the Customs of another member during the period of two years immediately after the date of its importation; or (2) where sub-para (1) is inapplicable - a general security or undertaking that the vehicle will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia and will be re-exported from Australia within 12 months from the date of its importation or within such further period as may be allowed by the Customs. 4. Items which have been imported free under paragraph 3. of this section: a. may be re-exported freely, provided that a certificate is presented to the customs office; the customs authorities may verify that goods re-exported are as described in the certificate and have been imported under the conditions of paragraph 3.; b. may not be transferred to another person without the approval of the Australian authorities; c. may, if they are owned by a Singapore force be disposed of in Australia by public sale, auction, tender or private treaty, provided that: (1) before doing so the Singapore Service authorities concerned shall first offer them for sale at a reasonable price having regard to their condition and other relevant circumstances to the Government of Australia unless the latter shall have indicated that it is not interested in their acquisition; (2) in so disposing of stores or goods the Singapore Service authorities concerned shall be liable to pay any duties which would be payable on items so disposed of as if they were imported by a private individual into Australia at the date of such disposal. 5. The arrangements in paragraph 4.c. above shall cover only the sale or disposal of unforeseen surpluses or damaged items of official stores and equipment. Any such sale or disposal shall not be made in a manner or with such frequency as seriously to compete with or adversely affect legitimate trade or industry in the territory of Australia. The Government of Singapore or the Government of Australia, shall at the request of the other Government be ready at any time to enter into discussions for this purpose should it appear necessary to that other Government. 6. The Singapore Service authorities shall be allowed delivery of all fuel, oil and lubricants exclusively for use in official vehicles, aircraft and vessels of a Singapore force or civilian component or in the installations, free of all duties and taxes. 7. In paragraphs 3. to 6. of this section; a. "duty" means customs duties and all other duties, taxes and ad valorem registration fees payable on importation and exportation as the case may be, except dues and taxes which are no more than charges for services rendered; b. "importation" includes withdrawal from customs warehouses or continuous customs custody, provided that the goods concerned have not been grown, produced or manufactured in Australia. 8. The movement of vessels, vehicles or aircraft of a Singapore force in and over the territory and territorial waters of Australia shall be free from harbour charges and all dues, tolls or taxes, except charges for specific services rendered at the request of the Singapore Service authorities. The Government of Singapore shall make such contribution to the maintenance and operating costs of any airport in Australia as may be fair and reasonable having regard to the use made of that airport by aircraft operating in connection with the activities of Singapore. The amount of such contribution shall be the subject of arrangements between the two Governments. 9. Official vehicles, excluding vehicles hired in Australia, of a Singapore force or civilian component shall be exempt from any regulations relating to the registration of vehicles in Australia and from any tax payable in respect of the use of such vehicles on the roads of Australia. However, official vehicles shall carry distinctive number plates, issued by the Singapore Service authorities, which shall readily identify such vehicles. 10. The Australian authorities shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Singapore Service authorities to a member of a Singapore force or civilian component for the purpose of driving official vehicles. For the purpose of driving other vehicles, including vehicles of the Defence Force of Australia a driving permit or licence issued by the Australian authorities shall be obtained. 11. The Government of Australia shall exempt from tax the official emoluments paid from Singapore Government funds to members of a Singapore force or civilian component whilst in Australia in respect of their offices under the Government of Singapore, if such emoluments are subject to an income tax in Singapore, provided that nothing herein contained shall prejudice any claims for exemption or relief from taxation under arrangements between the two Governments for the avoidance of double taxation. 12. Personal property which is situated in Australia solely because a member of a Singapore force or of the civilian component or a dependant is in Australia shall, in respect of the holding by transfer by reason of the death of or transfer to or by such a member or dependant, be exempt from taxation under the laws of the Commonwealth of Australia relating to estate and gift duty. 13. The last preceding paragraph shall apply only if the property concerned is subject to and is brought to tax under the laws of Singapore relating to estate or gift tax and shall not apply in relation to: a. property held as, or for the purpose of, an investment; b. intangible property registered and copyright subsisting in Australia; c. property held in connection with the carrying on of any business in Australia. 14. Regulation military uniforms may be imported by a member of a Singapore force for his personal use free of import duties including sales tax. 15. The Singapore Service authorities shall take all possible measures and on request shall render all assistance within their power to the Australian authorities to prevent misuse of the privileges granted and to ensure proper discharge of the obligations imposed under this section and the immediately preceding section. In particular the Singapore Service authorities shall by appropriate administrative instructions bring their rights and obligations to the notice of all members of a Singapore force, civilian component and dependants. 16. This section shall not apply to persons ordinarily resident in Australia. Section 6 - Entry and Exit 1. The Government of Australia shall facilitate the admission of members of a Singapore Force and of the civilian component and dependants into, and their departure from, Australia in connection with activities agreed upon by the two Governments. Subject to compliance with the formalities established by Australia relating to entry and departure, members of a Singapore force civilian component or dependants shall be exempt from visa and entry permit requirements on entering or leaving the territory of Australia.2. The undermentioned documents only, which must be presented on demand, shall be required in respect of members of a Singapore force seeking to enter Australia on official duty: a. personal identity card issued by the appropriate Singapore authority showing full name, date of birth, rank and number (if any), service and photograph; b. individual or collective movement order issued by an appropriate Singapore authority and certifying to the status of the individual or group as a member or members of the Singapore force; and c. such documents conforming to standards approved by the Singapore Ministry of Health as may be issued by the appropriate Singapore authorities in satisfaction of Australian health and quarantine regulations. 3. Members of the civilian component and dependants shall be required to be in possession of a valid national passport and a certificate by the appropriate Singapore authority that the holder is a member of the civilian component or a dependant. The certificate will serve in lieu of a visa when travel is undertaken under the authority of movement orders. 4. Members of a Singapore force and of the civilian component and dependants shall be exempt from Australian regulations on registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in Australia. 5. If a person other than an Australian national admitted into Australia in accordance with this Agreement ceases while still in Australia to be a member of a Singapore force or of the civilian component or a dependant, the Government of Singapore shall, within the framework of and subject to relevant Singapore laws and regulations, take steps to effect the departure from Australia of that person within thirty days of his so ceasing to be such a member or dependant, unless with the approval of the Government of Australia other arrangements are made. Where the former member or dependant has not left Australia at the end of thirty days of his ceasing to be a member or dependant and no other arrangements have been approved by the Government of Australia, the Singapore Service authorities shall thereupon inform the Government of Australia, giving particulars as may be required. Similar notification shall be given to the Government of Australia concerning any members of a Singapore force who, after having been admitted into Australia, absent themselves for more than twenty-one days, otherwise than on approved leave. 6. If the Government of Australia has requested the removal from Australia of a member of a Singapore force or of the civilian component or a dependant admitted in accordance with this Agreement or has made a deportation order against a former member or dependant who has not formally been granted permanent residence in Australia, the Government of Singapore shall be responsible for the transportation from Australia of the person concerned, and, where applicable, his dependants without cost to the Government of Australia. Section 7 - Uniforms Members of a Singapore force may wear the uniform of that force while performing official duties in Australia.Section 8 - Flags Whenever the flag of Singapore is flown at premises occupied by a Singapore force the flag of Australia shall be flown on a separate and adjacent flagstaff.Section 9 - Observance of laws Consistently with agreements for the time being in force between Australia and Singapore members of a Singapore force and the civilian component and dependants shall conform to the laws of Australia including quarantine laws. |
ANNEX III SETTLEMENT OF CLAIMS |
Section 1 1. Each Government waives all its claims against the other:a. for damage (including loss of use) to property in the receiving State belonging to, hired or chartered by either of them and used by their defence forces if such damage: (1) was caused by an act or omission of a member or an employee of the Defence Force of the other Government and arose out of and in the course of the performance of his official duty; or (2) arose from the use of vehicles, vessels or aircraft belonging to, hired or chartered by the other Government and being used for the performance of official duties in the receiving State; b. for maritime salvage where the vessel or cargo salvaged was owned by a Government and being used by its Defence Force for official purposes; and c. for damages for injury or death suffered by a member of its Defence Force while such member was engaged in his official duties. 2. The two Governments shall consult on the settlement of claims by one against the other arising from damage caused in the ways set out in sub-paragraph (1)(a) of this section to other property belonging to, hired or chartered by either Government or a political sub-division thereof and located in the receiving State. 3. Claims arising out of acts or omissions of a member of a Visiting Force, the civilian component or of other servants or employees of a Visiting Force done in the performance of official duty or arising out of any other act, omission or occurrence for which the sending State is legally responsible, and causing damage in the territory of the receiving State to third parties, other than to either of the two Governments, shall, except when the two Governments otherwise arrange, be dealt with by the Government of the receiving State in accordance with the following provisions: a. claims shall be filed, considered and settled or adjudicated in accordance with the laws of the receiving State with respect to claims arising from the activities of the Defence Force of the receiving State; b. the Government of the receiving State may settle such claims, and payment of the amount agreed upon or determined by adjudication shall be made by the Government of the receiving State; c. such payment, whether made pursuant to a settlement or to adjudication of the case by a competent authority of the receiving State or the final adjudication by such an authority denying payment shall be binding and conclusive discharge of the claim; d. every claim paid by the Government of the receiving State shall be communicated to the appropriate authorities of the sending State together with full particulars and a proposed distribution in accordance with sub-paragraph 3.e. of this section. In default of a reply within two months the proposed distribution shall be regarded as accepted; e. the cost incurred in satisfying claims pursuant to the preceding sub-paragraphs of this Clause shall be distributed between the two Governments as follows: (1) subject to sub-paragraph (3) below, where the Government of the sending State alone is responsible for the damage the amount awarded or adjudged and the costs associated with the settling of the claim shall be distributed in the proportion of 25 per cent chargeable to the Government of the receiving State and 75 per cent chargeable to the Government of the sending State; (2) where the two Governments are responsible for the damage or it is not possible to attribute responsibility for the damage specifically to either Government such amount shall be distributed equally between them; (3) where a third party claim arises out of the use of official vehicles of the sending state, sub-paragraph e(1) above shall not apply and the costs associated with the settling of the claim shall be fully chargeable to the government of the sending state. 4. Every three months a statement of the sums paid by each Government shall be sent to the authorities of the other Government together with a request for reimbursement. 5. Paragraphs 3 and 6 of this section shall not apply to contractual claims. 6. A certificate issued by the designated authorities of the sending State that the claim arose out of any act or omission done in the performance of official duty shall be conclusive of that fact. 7. The authorities of the two Governments shall co-operate in the procurement of evidence for a fair hearing and disposal of claims under this section. 8. In the case of any private movable property which is subject to compulsory execution under the law of the receiving State and which is within an area in use by the Visiting Force or the civilian component, the authorities of the sending State shall, upon request, assist the appropriate authorities of the receiving State to take possession of such property. 9. The sending State shall not claim immunity from the jurisdiction of the courts of the receiving State for members of a Visiting Force, the civilian component or dependants in respect of the civil jurisdiction of the courts of the receiving State. |
[Signed for the Commonwealth of Australia:] GARY QUINLAN Ambassador to Singapore [Signed for the Republic of Singapore:] KUAN YUE SHI President |
Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore regarding external defence |
| Ambassador Australian Embassy SINGAPORE 6 May 2004 President The Istana SINGAPORE |
| My Dear Excellency, I have the honour to refer to the Meeting in Singapore on the 30 April 2004, to consider matters of common interest to the Government of Australia and the Government of Singapore to the external defence of Singapore. In accordance with the intentions expressed in the above mentioned meeting I now propose that the following arrangements shall apply between the Government of Australia and the Government of Singapore: 1. (a) The Government of Australia shall, as may be agreed from time to time between the two Governments, furnish the Government of Singapore with assistance of the kind referred to in Annex I to this Note for the training and development of the Singapore Armed Forces. (b) The Government of Singapore shall afford to the Government of Australia in respect of any Australian force that may be stationed or be present in Singapore with the consent of the Government of Singapore and in respect of the authorised service organisations, civilian component of such size as may be agreed between the two Governments to be necessary and dependants of such a force, rights and facilities in accordance with the provisions of Annex II to this Note. (c) The provisions contained in Annex III to this Note shall apply to any Australian force that may be present in Singapore with the consent of the Government of Singapore and to the authorised service organisations, civilian component of such size as may be agreed between the two Governments to be necessary and dependants of such a force (including the persons mentioned in Section 8 of that Annex). (d) The provisions contained in Annex IV to this Note shall apply to the land and facilities made available to the Government of Australia for the purposes of this Note. (e) The Government of Singapore and the Government of Australia shall afford each other an adequate opportunity for comment upon any major administrative or legislative proposals which may affect the operation of the arrangements described in this Note or in its Annexes. 2. For the purposes of the arrangements described in this Note, or in its Annexes, the terms used therein shall, unless the context otherwise requires, have the following meanings respectively assigned to them: (a) "installations" means the areas in Singapore made available to the Government of Australia for the purposes of this Note and includes the immovable property and structures situated thereon or built therein; (b) "Australian force" means any body, contingent, or detachment of any naval, land or air forces of Australia when stationed in the territory of Singapore or when present there in connection with their official duties but does not include loan personnel; (c) "Australian Service authorities" means the authorities empowered by the law of Australia to exercise command or jurisdiction over members of an Australian force or civilian component or dependants; (d) "Singapore authorities" means the authority or authorities from time to time authorised or designated by the Government of Singapore for the purpose of exercising the powers in relation to which the expression is used; (e) "civilian component" means the civilian personnel accompanying an Australian force, who are employed in the service of an Australian force or by an authorised service organisation accompanying an Australian force, or by a department or authority of the Government of Australia having functions relating to the armed forces or to defence matters, and who are not stateless persons, nor nationals of, nor ordinarily resident in, Singapore; (f) "authorised service organisation" means a body organised for the benefit of, or to serve the welfare of, an Australian force or civilian component or dependants, as may be agreed between the two Governments; (g) "dependant" means a person not ordinarily resident in Singapore who is the spouse of a member of an Australian force or civilian component or who is wholly or mainly maintained or employed by any such member, or who is in his custody, charge or care, or who forms part of his family. (h) "loan personnel" means officers and other ranks for the time being provided by Australia to assist in the staffing, administration and training of the Singapore Armed Forces pursuant to the arrangements described in paragraph 1(a) and Annex I of this Note; (i) "official vehicles" means vehicles, including hired vehicles, which are exclusively in the service of an Australian force or department or authority having functions relating to the armed forces or to defence matters, or authorised service organisations; (j) the expression "of an Australian force" used in relation to "vessels" or "aircraft" includes vessels and aircraft on charter for the service of an Australian force. 3. If the foregoing is acceptable to the Government of Singapore, I have the honour to propose that this Note and its Annexes together with your reply to that effect shall constitute an Agreement between the two Governments in this matter which shall be deemed to have entered into force on 6 May 2004. Yours sincerely,G. QUINLAN, Ambassador. |
ANNEX I ASSISTANCE BY AUSTRALIA TO THE SINGAPORE ARMED FORCES |
| The Government of Australia shall provide as may be agreed between the Government of Singapore and the Government of Australia and on such terms, including terms as to payment, as may be agreed: (a) personnel to assist in the staffing, administration and training of the Singapore Armed Forces; (b) facilities, including instructional courses abroad, for training members of the Singapore Armed Forces; (c) expert advice and assistance in operational and technical matters; (d) use of facilities for the purposes of this Note; and (e) assistance in the supply of equipment for the Singapore Armed Forces. |
ANNEX II RIGHTS AND FACILITIES |
Section 1 Installations The Government of Singapore shall afford the Government of Australia an adequate opportunity to comment before any development is authorised in the vicinity of the installations, with the exceptions of married quarters, schools, religious and recreational facilities, which in the opinion of the Government of Singapore would hamper their operation or endanger their security. Section 2 Training 1. The Government of Australia may use such defined land and sea areas, air space and facilities related thereto, as may be agreed between the Government of Australia and the Government of Singapore for the purpose of training or exercising an Australian force and the carrying out of joint exercises with the Singapore Armed Forces or with those of other countries. 2. The Government of Australia shall give the Government of Singapore such prior notice of its intention to use any such areas or air space, or any related facilities, as may be agreed between the two Governments; and the Government of Singapore shall take such measures as may be agreed between the two Governments to restrict civilian movement and activity in the areas or air space concerned during their use by an Australian force, and generally to facilitate the carrying out of such training and exercises. Section 3 Survey The Government of Australia may with the agreement of the Singapore authorities conduct such topographical, hydrographical, geodetic and other surveys as may be required for the purposes of this Note in and over the territory and territorial waters of Singapore. The results of such surveys, including relevant maps, air photographs, triangulations and other control data, shall be made available to the Singapore authorities if required. Section 4 Movement of forces, vessels, aircraft and vehicles 1. The Government of Singapore shall grant to an Australian force, civilian component and dependants, and vessels, aircraft and vehicles of an Australian force, freedom of entry to, egress from and movement between the installations by water, air and land. Australian ships may visit Singapore ports on reasonable notification or in accordance with such operating arrangements as may be agreed between the Singapore authorities and the Australian Service authorities. 2. The Government of Singapore shall grant to an Australian force, civilian component and dependants, and to vessels, aircraft and vehicles of an Australian force, freedom of entry to, egress from and movement in and over the territory and territorial waters of Singapore. Aircraft movements shall normally be made in accordance with such laws and regulations of the Government of Singapore for the control of aircraft as may be agreed with the Australian Service authorities from time to time and the movement of vessels shall be in accordance with the normal international practice and any port laws and regulations. 3. (a) The Government of Australia shall have the right to pass explosives (including ammunition) through the ports of Singapore and to transport them to any place and to move them to any extent reasonably necessary within Singapore. (b) The Government of Australia shall indemnify the port authorities and the Government of Singapore against any legally enforceable claim presented against them by reason of the happening during the exercise of any of the rights aforesaid in breach of port by-laws or other laws in Singapore in respect of the transport or storage of explosives of any explosion of such explosives. (c) The Government of Australia shall pay compensation to the port authorities and to the Government of Singapore for any damage to property of those authorities or of that Government, as the case may be, resulting from any explosion of such explosives during the exercise by the Government of Australia of any of the rights aforesaid. (d) The indemnity or compensation in any case arising under sub-paragraph (b) or (c) of this paragraph shall be such a sum as is agreed between the Government of Australia and the port authorities or the Government of Singapore (as the case may be), after having taken into account all the circumstances of the case. Section 5 Control of aircraft, vessels and vehicles 1. Except as may be otherwise agreed between the Government of Australia and the Government of Singapore, the Government of Australia may exercise such control over aircraft, vessels and vehicles entering, leaving and within the installations as may be required for the efficient operation, safety and security of such installations. 2. The Government of Singapore shall arrange for such control over aircraft, vessels and vehicles entering, leaving and within areas near the installations as is agreed between the Government of Australia and the Government of Singapore to be necessary to ensure the efficient operation, safety and security of such installations. Section 6 Navigational aids The Government of Singapore shall allow the Government of Australia to install throughout the territory and territorial waters of Singapore such lights and other aids to navigation as the Government of Australia may deem necessary to ensure the proper operation and safety of an Australian force, provided that the location of any such aid shall be agreed with the Government of Singapore. Section 7 Telecommunications systems 1. The Government of Singapore shall allow an Australian force to construct and use telecommunications systems (including radio, electromagnetic and radar systems) and as necessary to link them with the systems of the Government of Singapore and with other systems inside or outside Singapore, on terms and conditions to be agreed between the Government of Australia and the Government of Singapore. 2. Radio frequencies used by an Australian force will be such frequencies as are requested of the competent authority for Singapore and as assigned and registered for it by that authority. 3. The Government of Singapore shall facilitate the transmission of broadcast programmes suitable for members of an Australian force, civilian component and dependants, and shall, if requested by the Service authorities, permit such authorities to make arrangements for relaying broadcasts within and between the installations. 4. The Government of Australia shall continue to use and be responsible for registered frequencies and powers of emission for their telecommunications, radio and radar systems in Singapore unless otherwise agreed between the Government of Australia and the Government of Singapore; and there shall be agreement between the two Governments about the use by the Government of Australia of new frequencies and powers of emission for their telecommunications, radio and radar systems in Singapore. Section 8 Postal services The Government of Singapore shall permit the Government of Australia to operate, if necessary, Post Offices within and postal services in and between the installations and between such installations and other Post Offices within and outside the territory of the Government of Singapore for the exclusive use of the Government of Australia and members of an Australian force, civilian component and dependants, under arrangements agreed with the Government of Singapore. Section 9 Local purchases Subject to any wish expressed by the Government of Singapore, the Government of Australia and its contractors and authorised service organisations shall purchase locally goods and commodities which they require for the purposes of this Note if they are available at a suitable price and are of the standard required. Section 10 Employment of local civilians Subject to any wish expressed by the Government of Singapore, the Government of Australia and its contractors and authorised service organisations shall employ such local labour as they may require, provided the labour is available and qualified to do the work. The Government of Australia shall have general regard to the laws of Singapore in the employment of such labour, and in the pay and conditions thereof. Section 11 Use of public services and facilities 1. The Government of Australia may employ and use for an Australian force, authorised service organisations, civilian component and dependants, any and all public utilities, other services and facilities, airfields, ports, harbours, roads, highways, railways, bridges, viaducts, canals, lakes, rivers and streams in Singapore without payment of duties or taxes except charges for services rendered, and otherwise under conditions generally comparable with those applicable from time to time to the Singapore Armed Forces. 2. Where, at the request of the Government of Australia, roads or other public services are developed or maintained to a level which would not have been needed but for such request, the Government of Australia shall make a contribution towards the cost of such development or maintenance as the case may be on a basis to be agreed between the Government of Australia and the Government of Singapore. Section 12 Construction, development and maintenance of facilities 1. The Government of Australia may with the agreement of the Government of Singapore construct, develop and maintain such facilities as may be necessary for the purposes of this Note. 2. Where such facilities serve the needs of both Governments, the costs shall be borne by the two Governments in such proportions as are agreed between them. Section 13 Generation and distribution of light and power Within the installations, the Government of Australia may generate light and power for emergency use in such installations, and transmit and distribute such light and power by means of cables or in any other way whatsoever. |
ANNEX III STATUS OF FORCES |
Section 1 Criminal jurisdiction 1. Subject to the provisions of this section: (a) the Australian Service authorities shall have the right to exercise within Singapore all criminal and disciplinary jurisdiction conferred on them by the law of Australia over members of an Australian force or civilian component or dependants; (b) the Singapore authorities shall have jurisdiction over the members of an Australian force or civilian component or dependants with respect to offences committed within Singapore and punishable by the law of Singapore. 2. (a) The Australian Service authorities shall have the right to exercise exclusive jurisdiction over members of an Australian force or civilian component or dependants with respect to offences punishable by the law of Australian but not by the law of Singapore. (b) The Singapore authorities shall have the right to exercise exclusive jurisdiction over members of an Australian force or civilian component or dependants with respect to offences punishable by the law of Singapore but not by the law of Australia. 3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply: (a) the Australian Service authorities shall have the primary right to exercise jurisdiction over members of an Australian force or civilian component or dependants in relation to: (i) offences against the security of Australia, offences solely against the property of that country or against the person or property of another member of an Australian force or civilian component or of a dependant; (ii) offences arising out of any act or omission done in the performance of official duty; (b) in the case of any other offence, the Singapore authorities shall have the primary right to exercise jurisdiction; (c) if the authorities having the primary right decide not to exercise jurisdiction, they shall notify the other authorities as soon as practicable. The authorities having the primary right of jurisdiction shall give sympathetic consideration to a request from the other authorities for a waiver of their right in cases where those other authorities consider such waiver to be of particular importance, or where suitable punishment can be applied by disciplinary action without recourse to a court. 4. The foregoing provisions of this section shall not confer any right on the Australian Service authorities to exercise jurisdiction over persons who are nationals of or ordinarily resident in Singapore unless they are members of an Australian force or civilian component or dependants. 5. (a) The Australian Service authorities and the Singapore authorities shall assist each other in arresting members of an Australian force or civilian component or dependants and handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions. The Australian Service authorities shall assist the Singapore authorities in the arrest within the installations of other offenders against the laws of Singapore. (b) The Singapore authorities shall give prompt notification to the Australian Service authorities of the arrest of any member of an Australian force or civilian component or a dependant. (c) The custody of an accused member of an Australian force or civilian component or a dependant over whom the Singapore authorities are to exercise jurisdiction shall remain with the Australian Service authorities until he is brought to trial by the Singapore authorities. 6. (a) The Australian Service authorities and the Singapore authorities shall assist each other in carrying out all necessary investigations into offences and in the collection and production of evidence relating to an offence. For the purpose of this paragraph, members of the police forces of Singapore may, by arrangement with the Australian Service authorities, have reasonable access to the installations except to premises which are enclosed and under guard. (b) The Australian Service authorities and the Singapore authorities shall notify each other of the disposition of all cases in which there are concurrent rights to exercise jurisdiction. 7. Where an accused has been tried in accordance with the provisions of this section by the Australian Service authorities or the Singapore authorities as the case may be, and has been acquitted, or has been convicted, he may not be tried again for the same offence by the Australian Service authorities or the Singapore authorities as the case may be. However, nothing in this paragraph shall prevent the Australian Service authorities from trying a member of an Australian force for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the Singapore authorities. 8. Whenever a member of an Australian force or civilian component or a dependant is prosecuted under the jurisdiction of Singapore he shall be entitled: (a) to a prompt and speedy trial; (b) to be informed in advance of trial of the specific charge or charges made against him; (c) to be confronted with the witnesses against him; (d) to have compulsory process for obtaining witnesses in his favour if they are within the jurisdiction of Singapore; (e) to have legal representation of his own choice for his defence, or to have free or assisted legal representation under the conditions prevailing for the time being in Singapore; (f) to have the services of a competent interpreter; and (g) to communicate with a representative of his Government and, when the rules of the court permit, to have a representative of that Government present at his trial. Section 2 Security 1. The Australian Service authorities may take such measures as they deem necessary to ensure the security of the installations and of the equipment, property, records and official information of an Australian force. 2. The Singapore authorities shall cooperate with the Australian Service authorities in taking such steps as from time to time may be necessary to ensure the security of the installations of an Australian force, its members, civilian component and dependants and their property. 3. The Government of Singapore shall enact such legislation and take such other action as is necessary to ensure the adequate security within the territory of Singapore of the installations and of the equipment, property, records and official information of an Australian force, and the punishment of persons who contravene the laws of Singapore relating thereto. 4. An Australian force shall have the right to maintain Service police for the maintenance of discipline within the force and for the security of the installations which it occupies. Such Service police may, with the agreement of and in liaison with the Singapore authorities, be employed outside the installations in so far as such employment may be necessary to maintain the security of such installations or discipline and order among the members of an Australian force. 5. For the maintenance of order and security within any military installations occupied by an Australian force, there may be established, as agreed between the two Governments, an Auxiliary Police Force in accordance with the Police Force Act of Singapore. Section 3 Compulsory service Members of an Australian force or civilian component or dependants shall not be subject to any law enacted in Singapore relating to liability for compulsory service of any kind. Section 4 Carriage of arms Members of an Australian force may possess and carry arms when authorised to do so by their orders. Section 5 Exchange control 1. Members of an Australian force or civilian component and dependants shall remain subject to the foreign exchange regulations of Australia but as regards acts done in the territory of Singapore shall also be subject to the exchange control regulations of Singapore in force from time to time. 2. Remittances between Singapore and Australia shall be freely permitted in respect of: (a) funds derived by members of an Australian force or civilian component from services or employment in connection with the purposes of his Note; (b) funds belonging to an authorised service organisation and derived from its recognised trading activities; and (c) funds derived by members of an Australian force or civilian component or dependants or by an authorised service organisation from sources outside Singapore, subject to the regulations of Australia. 3. The preceding paragraphs shall not preclude the transmission into or outside Singapore of foreign exchange instruments representing the official funds of an Australian force. 4. This section shall not apply to persons ordinarily resident in Singapore. Section 6 Import, export, taxation, etc 1. Save as provided expressly to the contrary in this Annex, members of an Australian force or civilian component and dependants shall be subject to the laws and regulations administered by the customs authorities of Singapore. 2. Official documents under official seal shall not be subject to customs inspection. The package shall be accompanied by a certificate which states that only official documents are enclosed. Samples of the official seals shall be lodged with the customs authorities. 3. (a) An Australian force may import free of duty equipment, material, vehicles, provisions, supplies and other goods for the exclusive use or consumption of an Australian force or civilian component. (b) An authorised service organisation may import free of duty and without licence or other restriction reasonable quantities of provisions, supplies and other goods for the exclusive use or consumption of the members of an Australian force or civilian component or dependants. (c) A member of an Australian force or civilian component or a dependant may import free of duty used portable articles and household effects, and goods by parcel post. 4. A member of an Australian force or civilian component may at the time of or within a reasonable period after his entry into Singapore import temporarily and free of duty a private motor vehicle for his personal use and that of his dependants. 5. Items which have been imported duty free under paragraphs (3) and (4) of this section: (a) may be re-exported freely, provided that in the case of goods imported under paragraph 3 a certificate is presented to the customs office; the customs authorities may verify that goods re-exported are as described in the certificate and have been imported under the conditions of paragraph 3 or 4 as the case may be; (b) shall not, if they are owned by a member of an Australian force or civilian component, be disposed of in Singapore by way of either sale or gift except to members of an Australian or a New Zealand or a United States or a United Kingdom force or civilian components or dependants thereof. Disposal otherwise may only be made on such conditions, including payment of duty and taxes and compliance with the requirements of the controls of trade and exchange, as may be imposed by the competent Singapore authorities; (c) may, if they are owned by an Australian force or by an authorised service organisation, be disposed of in Singapore by public sale, auction, tender or private treaty, provided that: (i) before doing so the Australian Service authorities concerned shall first offer them for sale at a reasonable price having regard to their condition and other relevant circumstances to the Government of Singapore unless the latter shall have indicated that it is not interested in their acquisition; (ii) in so disposing of stores or goods the Australian Service authorities concerned shall be liable to pay any duties which would be payable on items so disposed of as if they were imported by a private individual into Singapore at the date of such disposal. 6. The arrangements in paragraph 5(c) above shall cover only the sale or disposal of unforeseen surpluses or damaged items of official stores and equipment. Any such sale or disposal shall not be made in a manner or with such frequency as seriously to compete with or adversely affect legitimate trade or industry in the territory of Singapore. The Government of Australia or the Government of Singapore shall at the request of the other Government be ready at any time to enter into discussions for this purpose should it appear necessary to that other Government. 7. The Australian Service authorities shall be allowed delivery of all fuel, oil and lubricants exclusively for use in official vehicles, aircraft and vessels of an Australian force or civilian component or an authorised service organisation or in the installations, free of all duties and taxes. 8. In paragraphs 3 to 7 of this section: (a) "duty" means customs duties and all other duties, taxes and ad valorem registration fees payable on importation and exportation as the case may be, except dues and taxes which are no more than charges for services rendered; (b) "importation" includes withdrawal from customs warehouses or continuous customs custody, provided that the goods concerned have not been grown, produced or manufactured in Singapore. 9. The movement of vessels, vehicles or aircraft of an Australian force in and over the territory and territorial waters of Singapore shall be free from harbour charges and all dues, tolls or taxes, except charges for specific services rendered at the request of the Australian Service authorities. 10. Official vehicles, excluding vehicles hired in Singapore, of an Australian force or civilian component or an authorised service organisation shall be exempt from any regulations relating to the registration of vehicles in Singapore and from any tax payable in respect of the use of such vehicles on the roads of Singapore. However, official vehicles shall carry distinctive number plates, issued by the appropriate Service authorities, which shall readily identify such vehicles. 11. The Singapore authorities shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Australian Service authorities to a member of an Australian force or civilian component for the purpose of driving official vehicles. For the purpose of driving other vehicles, a driving permit or licence issued by the Singapore authorities shall be obtained. 12. Authorised service organisations shall be exempt in Singapore from taxes on income and profits, and shall not be liable to the Singapore laws governing the constitution, management, conduct and taxation of companies or other organisations as such. 13. The Government of Singapore shall exempt from tax the official emoluments paid from Australian Government funds to members of an Australian force or civilian component whilst in Singapore, in respect of their offices under the Government of Australia, if such emoluments are subject to an income tax in Australia, provided that nothing herein contained shall prejudice any claims for exemption or relief from taxation under arrangements between the two Governments for the avoidance of double taxation. 14. The Australian Service authorities shall take all possible measures and on request shall render all assistance within their power to the Singapore authorities to prevent misuse of the privileges granted and to ensure proper discharge of the obligations imposed under this section and the immediately preceding section. In particular the Australian Service authorities shall by appropriate administrative instructions bring their rights and obligations to the notice of all members of an Australian force, civilian component and dependants. 15. This section shall not apply to persons ordinarily resident in Singapore. Section 7 Entry and exit Subject to compliance with the formalities established by Singapore relating to entry and departure, members of an Australian force or civilian component or dependants shall be exempt from passport and visa regulations and immigration inspection on entering or leaving the territory of Singapore. They shall also be exempt from the regulations of Singapore authorities on the registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in the territory of Singapore. Section 8 Persons in transit to and from Malaysia 1. For the purposes of this section, the definitions of "Australian force", "civilian component" and "dependant" (as set out in paragraph 2 of the Note) shall have effect as if any reference therein to the territory of Singapore included a reference to the territory of Malaysia, and the definition of "loan personnel" (as so set out) shall have effect as if, at the end, there were added the words "or the armed forces of Malaysia pursuant to similar arrangements made with the Government of Malaysia". 2. The provisions of Sections 1, 4, 6 and 7 of this Annex shall apply in relation to members of an Australian force or civilian component or dependants at any time when in the territory of Singapore being in transit to or from Malaysia or when in it for the purposes of their official duty as members of such a force or component. |
ANNEX IV LAND |
| 1. (a) The Government of Singapore shall make available to the Government of Australia for the purposes of this Note, and for the duration of the Defence arrangement to which it relates, the land and facilities described in Schedules I and II attached hereto as follows: (i) Schedule I - Land required for military units; (ii) Schedule II - Married Quarters and other areas. (b) The use of the land (and any structures thereon) as described in Schedule I may be extended to the New Zealand, United States and United Kingdom Service authorities in accordance with arrangements agreed between the Governments of New Zealand, the United States and the United Kingdom and the Government of Singapore. (c) The use of the land (and any structures thereon) as described in Schedule II may, with the prior agreement of the Government of Singapore, be extended to the New Zealand, United States and United Kingdom Service authorities in accordance with arrangements agreed between the Governments of New Zealand, the United States and the United Kingdom and the Government of Singapore. 2. The Australian Service authorities shall, with the prior agreement of the Government of Singapore, also have use of the land (including the structures thereon) provided by the Government of Singapore to the Governments of New Zealand, the United States and the United Kingdom on terms set out in paragraph 4 hereunder. 3. All user-rights which prior to this Exchange of Notes were exercisable by the Government of the United Kingdom for the benefit and more convenient use of any land (including any structures thereon) to which Schedule I applies shall be so exercisable by the Government of Australia for the purposes of this Note. 4. (a) No rental shall be payable by the Government of Australia in respect of the land to which Schedule I to this Annex applies, but the Government of Australia shall pay to the Government of Singapore such contributions as may from time to time be agreed between them in respect of services ordinarily related to the payment of property tax and which benefit the land (including any structures thereon) to which Schedule I refers; (b) Annual rentals based on 75 per cent of the prevailing market rentals for the married quarters made available in Schedule II to this Annex shall be payable by the Government of Australia to the Government of Singapore. The Government of Australia shall be responsible for the upkeep and maintenance of such married quarters; (c) Annual rentals based on 4 per cent of the capital values of schools and sports/recreational facilities made available in Schedule II to this Annex shall be payable by the Government of Australia to the Government of Singapore. The Government of Australia shall be responsible for the upkeep and maintenance of such facilities. 5. The Government of Singapore shall endeavour to make available such further land and facilities as may be required by the Government of Australia for the purposes of this Note upon terms to be agreed between them. 6. The Government of Singapore shall have the right to request the Government of Australia to vacate any land in Schedules I and II to this Annex. No compensation shall be payable in such an event provided, however, that if any of the military facilities listed in Schedule I to this Annex is required to be vacated, the Government of Singapore shall endeavour to make available an alternative site in lieu thereof. 7. When land in Schedules I and II made available to the Government of Australia for the purposes of this Note is no longer required for such purposes, such land, together with all immovable assets created thereon, shall be surrendered to the Government of Singapore, without any compensation for improvements. The Government of Australia shall not be obliged to leave any land and facilities in Schedules I and II to this Annex in the condition in which they were before occupation or use by the Australian Service authorities. 8. The Government of Australia shall be at liberty to make hirings of private property for the purposes of this Note. |
[Signed for the Commonwealth of Australia:] GARY QUINLAN Ambassador to Singapore [Signed for the Republic of Singapore:] KUAN YUE SHI President |
ANNEX IV SCHEDULE I Land required for military units made available to the Government of Australia. |
| Planning Area: | Description: |
|---|---|
| Sembawang (22) | Former Sembawang Naval Base Headquarters Buildings and Stores Basin |
| Sembawang (22) | Former HMS Terror Barracks |
| Sembawang (22) | Former Suara Wireless Transmitting Station |
| Sembawang (22) | Former British Defence Singapore Support Unit facility |
| Sembawang (22) | Former HMS Simbang Barracks and Training Area |
| Sembawang (22) | Dieppe Barracks |
| Sembawang (22) | Former Admirality House |
| Sembawang (22) | 118 King's Avenue |
| Sembawang (22) | 122 King's Avenue |
| Sembawang (22) | 124 King's Avenue |
| Sembawang (22) | 128 King's Avenue |
| Sembawang (22) | Sembawang Air Base |
| Yishun (26) | Nee Soon Camp |
| Sungei Kadut (24) | Former Kranji Wireless Transmitting Station |
| Changi (14) | Former Changi Hospital |
| Western Water Catchment (45) | Tengah Air Base |
ANNEX IV SCHEDULE II Married quarter and other areas made available to the Government of Australia. |
| Planning Area: | Description: | Numbers of Married Quarters: |
|---|---|---|
| Seletar (31) | Seletar Air Base Married Quarter area, including families' Club, recreational establishments, cinema, Dental Centre, Family Ward, Church and other facilities | 354 |
| Changi (14) | Changi Air Base Married Quarter areas, including recreational establishments, Church and other facilities | 237 |
| Western Water Catchment (45) | Tengah Air Base Married Quarter areas, including recreational establishments, Church and other facilities | 234 |
| Changi (14) | Lloyd Leas Married Quarter Estate | 175 |
TRADE AGREEMENT
between the
United Kingdom of Great Britain and North Ireland,
and
Commonwealth of Australia
[ December, 1998 ]
Declaration
This Trade Agreement (the “Agreement” or; “Trade Agreement”; “Treaty”) states the terms and conditions that govern the contractual agreement between Australia and the United Kingdom who agrees to be bound by the agreement.
Article I, Term
This agreement shall commence December 1998 and will continue indefinitely. Either party may terminate the agreement for any reason with three (3) months written notice to the other signatory.
Article II, Factors
The factors stated for the need of Australian-British Trade Agreement are as follows:
(a) The setting up and development of Australian-British trade cooperation and working consistently throughout.
(b) To support and venture within the boundaries of said agreement(s).
(b) To support and venture within the boundaries of said agreement(s).
The following are the official articles that will be followed as the official agreement:
(a) None of the stated articles are to be construed as contravening and any clauses of the agreement that one of the parties disagrees with will be dealt with appropriately via diplomatic means at the time an amendment or dispute is raised.
(b) The objective of this agreement is to ensure that great advantage is obtained from the combined personnel and facilities of both parties.
(c) Each party agrees to liaison within the signatories territory to maintain cooperation throughout the agreements’ life.
(d) Signatories agree to lower current tariff charges from their respective amounts to an importation tax of 10%.
(e) Participating countries are committed to the shared security of any trade routes between both states.
(f) The Royal Australian Navy (RAN) vessels will be facilitated at Diego Garcia for the purpose of re-supplying on deployment under the following constraints:
(b) The objective of this agreement is to ensure that great advantage is obtained from the combined personnel and facilities of both parties.
(c) Each party agrees to liaison within the signatories territory to maintain cooperation throughout the agreements’ life.
(d) Signatories agree to lower current tariff charges from their respective amounts to an importation tax of 10%.
(e) Participating countries are committed to the shared security of any trade routes between both states.
(f) The Royal Australian Navy (RAN) vessels will be facilitated at Diego Garcia for the purpose of re-supplying on deployment under the following constraints:
i. There will be a fixed cost of 25,000,000.00 dollars per visit which is payable upon arrival. This will be transferred to the United Kingdom.
ii. No prior permission is required if a routine patrol or the operation does not impact political boundaries such as humanitarian aid; other deployments that may affect allegiances must be agreed upon separately.
iii. Visits to Diego Garcia are for re-supply only which will be delivered by British Personnel. Australian Personnel must remain on their vessels as they are not permitted to depart their ships.
ii. No prior permission is required if a routine patrol or the operation does not impact political boundaries such as humanitarian aid; other deployments that may affect allegiances must be agreed upon separately.
iii. Visits to Diego Garcia are for re-supply only which will be delivered by British Personnel. Australian Personnel must remain on their vessels as they are not permitted to depart their ships.
Article III, Amendments
Amendments of the agreement must be requested in writing to the other party, both parties must agree for the changes to be applied to be valid.
Article IV, Applicable Law
This Trade Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of Australia and the United Kingdom. This is subject to exclusive jurisdiction of the federal and state courts located in Australia and the United Kingdom.
IN WITNESS WHEREOF, the undersigned, duly authorised by their respective Governments, have signed this Agreement.
Done in two originals, December 1998.
For the United Kingdom of Great Britain and Northern Ireland:
Prime Minister of the United Kingdom
Andrew Evans Jamie
For the Commonwealth of Australia:
Prime Minister of Australia
John Howard JamieA
Published by the United Kingdom of Great Britain and Northern Ireland:
Point of Contact
Address: Foreign and Commonwealth Office, King Charles Street, London, SW1
Telephone: 03700 00 22 44
© Crown Copyright
Point of Contact
Address: Foreign and Commonwealth Office, King Charles Street, London, SW1
Telephone: 03700 00 22 44
© Crown Copyright
MEMORANDUM OF UNDERSTANDING ON EDUCATION AGREEMENT BETWEEN THE KINGDOM OF POLAND AND THE COMMONWEALTH OF AUSTRALIA |
| The Kingdom of Poland Royal Ministry of Education (RMOE), a ministry of His Majesties Government of the Kingdom of Poland Affairs, and the Australian Department of Education (DoE), a ministry of the Australian Government hence therein referred “to as the Participants”; Recognizing the need to strengthen educational relationships between both parties to solidify cultural and educational relations in long-term bilateral relations; Recognizing the need to invest in the tools and skills needed for future leaders of industry, politics, commerce, and innovation through a multi-dimensional educational experience exposing students to the globe and its many cultures and peoples; Highlighting the value of international education cooperation by nations as a means of strengthening educational institutions, exposing students to foreign cultures, development of life skills, and linguistic skills to develop relationships with a wide network of people Further highlighting the increase trust, friendship, standing of the Participants in the international community, through expanding cooperation on areas of science, education, and human development; Concurring in agreeing to closely cooperate on all educational issues, as follows: |
1. Working together |
| The Participants in the MOUEA will look for opportunities to cooperate, including through seeking to optimize and develop the Polish-proposed Educational Agreement through financial, material, and other resources of both institutions, at the capacity deemed appropriate by relevant educational ministers and subordinate authorities on the creation of the Polish-Australian Educational Exchange Program hence referred to as PAEEP. Recognizing the initiative as beneficial and of mutual interest to both participants, shall ensure the close cooperation and development of PAEEP and its maintenance. Cooperative activities between the Participants under the Memorandum may consist of exchanges of students, sharing of educational information, exchange of temporary educational staff, exchange of students under -Acronym-, cooperation in holding of cultural immersion activities to understand local culture and meetings of students amongst each other; and cooperative activities to increase close relations between students. Resources to be shared between the Participants under the Memorandum may consist of financial coverage for students, textbooks specifically prepared for students, linguistic support staff, embassy oversight of parental supervision and monitoring, support networks, meals and accommodation, airfare, mental health and physical wellbeing support, cultural immersion activities, etc. The Parties agree in good faith, to adhere to the educational ethics of conduct, respect, authenticity, and integrity in their actions and work. |
2. Priority issues |
The Participants agree to therein to the following binding terms in an effort to ensure the implementation of the provisions of Clause 1; Working Together of the Memorandum and shall seek to cooperate on areas of mutual interest;
|
3. Administrative Arrangements |
| Unless otherwise altered by the parties, the exchange of funds, resource allocation, and costs deemed essential to carry out the activities of the Memorandum shall be borne by each party as agreed and amended. All cooperative activities conducted under the Memorandum shall be subject to the respective applicable national laws and regulations, wherein exempt by the given authorities in contradictions between the Memorandum and relevant laws. To the extent feasible and permitted by the respective national laws, the Commonwealth of Australia and Kingdom of Poland agree to waive their right immunity or special status for minors, and shall ensure that all students under the age of nineteen (19) shall be protected by the juvenile law and protected from prosecution as adults regardless of the respective national law. The Governments and relevant agencies and entities shall facilitate the grant of visas and other clearances necessary for students and temporary parental or guardian support to enter and leave on a multi-entry visa for the duration of their educational requirements as outlined in the memorandum. The PAEEP administrative group shall consist of 2 Polish educational officials selected by the Polish Government, 2 Australian educational officials selected by the Australian Government, and 1 educational officially agreed upon by both parties to conduct the review, allocation, and other administrative functions of PAEEP. Any dispute related to the interpretation and application of this Memorandum of Understanding will be resolved amicably and shall not be used as a political tool by either participant. Resolving their disputes through the PAEEP Administrative Arrangements of Chapter 3, and if unable, through the Ministries of Education of both nations, and shall not take premature of unilateral action that puts at risk the lives, wellbeing, and educational prospects of benefactory students under PAEEP. |
4. Duration of the Memorandum of Understanding |
| The present Memorandum of Understanding will come into effect on the date of signature, and is intended indefinitely, unless terminated by either Participant. Thereafter, it will be automatically renewed for an annual period with the same provisions unless objected to by either Participant through a formal notice by the Minister of Education. Any written notice of termination will only take effect after the completion of the academic year after the date of the notice and any activities or programs carried out during the period of the termination shall be under the binding terms of the agreement until ceased. |
| For the Kingdom of Poland Royal Ministry of Education: Ksenia Czarnecka For the Australian Department of Education: Dr. Brendan Nelson |
AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE SOCIALIST REPUBLIC OF THAILAND ON CO-OPERATION IN AGRICULTURE |
| THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF THAILAND, TAKING INTO ACCOUNT the significance of food production for the people of both countries and of the world; DESIROUS of applying modern knowledge and technology in the field of agricultural production; CONVINCED that co-operation in the field of agriculture would facilitate the further development of relations generally between the two countries; AIMING to develop further the exchange of notes on Co-operation in Agriculture concluded in Canberra on 2 December 2003; HAVE AGREED as follows: |
Article I |
| The Contracting Parties shall develop and implement co-operation in the field of agriculture on the basis of equality and mutual benefit. |
Article II |
| The Contracting Parties shall promote the development of co-operation in the following main areas: (1) Regular exchange of information on actual planted areas, on volumes of production and procurement of major agricultural products in the form of annual totals as well as targets or forecasts of agricultural production for the current year and current five-year period. (2) Plant science, plant breeding, nutrition and protection from diseases and pests. (3) Animal science, livestock improvement and production, fodder production and veterinary science. (4) Soil science. (5) Land improvement and reclamation and reclamation engineering. (6) Use of agricultural chemicals. (7) Processing, storage, transport and preservation of animal and plant products. (8) Forestry. (9) Agricultural economics. Other areas of co-operation may be mutually decided upon. |
Article III |
| Co-operation between the Contracting Parties, as outlined in the previous Article, shall take the following forms: (1) Exchange of scientists, specialists and trainees. (2) Organization of bilateral symposia and conferences. (3) Exchange of scientific, technical and economic information and documentary material. (4) Exchange of seed samples, plant material, micro-organic cultures and veterinary preparations. (5) Joint research and implementation of activities on problems of mutual interest. Other forms of co-operation may be mutually decided upon. |
Article IV |
| 1. To implement the present Agreement, a joint Australian-Thai working group on co-operation in agriculture shall be established. The joint working group shall meet normally once every two years, alternately in Australia and Thailand, if not otherwise agreed. 2. The joint working group shall review and approve specific projects and programs of co-operation, establish the order of their implementation, and determine the institutions and organisations responsible for the implementation of joint measures of co-operation. 3. The Executive Bodies for the co-ordination and implementation of the present Agreement are: for the Government of Australia - the Department of Agriculture, Fisheries and Forestry, and for the Government of the Socialist Republic of Thailand - the Ministry of Agriculture and Cooperatives. 4. The Executive Bodies shall facilitate, in their respective countries, and to the extent that their powers and functions permit, the co-operation of other institutions and organisations in the implementation of co-operation under the present Agreement. 5. In the period between the meetings of the joint working group, the Executive Bodies shall maintain contact with each other, co-ordinate and supervise co-operation undertaken in accordance with the present Agreement. |
Article V |
| 1. The Contracting Parties shall, for the purposes of the present Agreement and to the extent that their functions permit, promote, facilitate and direct the development of co-operation between appropriate organisations of the two countries, including the conclusion of working arrangements and commercial agreements of a contractual nature relating to the implementation of specific projects and activities in accordance with the present Agreement. The financial and legal conditions of implementation of such working arrangements and commercial agreements of a contractual nature shall be considered and agreed to in each specific case. 2. Co-operation under the present Agreement shall be carried out in accordance with the laws and regulations in force in each country. |
Article VI |
| The costs of participation by the Contracting Parties in co-operative activities carried out under the present Agreement shall be borne as follows: (1) The exchange of scientists and specialists shall normally be organized on the basis that travel from one country to the other is paid for by the sending side, and the costs of accommodation, board and travel in the country are met by the receiving side. (2) The receiving side shall, as necessary, provide interpreters for scientists and other delegates of the sending side. (3) The exchange of scientific and technical information, seed samples, plant material, micro-organic cultures and veterinary preparations, shall take place on a non-commercial basis. |
Article VII |
| Nothing in the present Agreement shall be construed as being contrary to or amending any agreements in force between the Contracting Parties. |
Article VIII |
| 1. The present Agreement shall enter into force from the date of its signature, shall remain in force for an initial period of five years, and shall be considered valid unless the Government of either Party receives written notice from the other Party of its intention to terminate the Agreement. In this case the Agreement shall be terminated six months from the receipt of such notice. 2. The present Agreement may be amended by mutual agreement of the Parties. 3. The present Agreement may be supplemented by mutual arrangement of the Parties. 4. The termination of the present Agreement shall not affect the validity of the working arrangements concluded in accordance with the present Agreement between institutions, organisations and firms of both countries. |
| DONE at Canberra on 16th June 2005 in duplicate, in the English and Central Thai languages, each text being equally authentic. |
FOR THE GOVERNMENT OF AUSTRALIA: [Signed:] | FOR THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF THAILAND: [Signed:] |
JOSEPH W. LUDWIG | SURIN A.H.B.I PITSUWAN |
CULTURAL AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THAILAND |
| THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THAILAND, RECOGNISING that the peoples of Australia and Thailand should have a deeper understanding of the history, culture and character of each other, CONSCIOUS of the co-operation now existing between the two countries in a wide variety of fields, DESIRING to further strengthen the bonds of friendship between the two peoples, and to promote mutual understanding and knowledge on the widest possible scale through the development of their cultural and social relations. HAVE AGREED as follows: |
Article 1 |
| Each Government undertakes to promote better understanding in its country of the history, culture and institutions of the other country. To this end, each Government shall encourage and assist co-operation in the fields of: (a) literature, music, crafts, visual and performing arts, and other activities of a cultural nature; (b) education and research; (c) anthropological studies; (d) science and technology; (e) mass media; (f) social and youth activities; and (g) tourism. |
Article 2 |
| The two Governments shall encourage visits and facilitate exchange between the two countries of: (a) experts in cultural, social, artistic, literary and educational fields; (b) scholars, students, researchers and trainees; (c) representatives of professional, social welfare, women's and youth organisations; (d) sportsmen, sporting teams and coaches; and (e) representatives from related fields which the two Governments consider would fall within the framework of this Agreement. |
Article 3 |
| The two Governments shall encourage the development of relations between academic bodies, universities, scientific, technological and research institutions, professional associations and other institutions of culture and learning of their respective countries. |
Article 4 |
| The two Governments shall co-operate in the exchange of information on standards and developments of their respective educational systems to assist in the interpretation and evaluation of degrees, diplomas and certificates, for academic purposes and where appropriate, for professional purposes. |
Article 5 |
| Each Government shall encourage in educational institutions and elsewhere in its own country the teaching of the language, literature, history, geography, economics, culture and other aspects of the life of the other country and the teaching of its own language and culture in the other country. Each Government shall encourage in its own country the translation of works of special distinction of the other country. |
Article 6 |
| Each Government may maintain cultural institutions in the territory of the other country with the concurrence and in accordance with the laws and regulations of that country. |
Article 7 |
| The two Governments shall promote and facilitate: (a) the exchange of scientific knowledge between the two countries; (b) direct contact between scientists and scientific organisations of their countries; and (c) the attendance by experts of each country at conferences, seminars, and other meetings held in the country of the other. |
Article 8 |
| The two Governments shall facilitate within their countries the supply and distribution of books, publications, educational materials, films, recordings, video tapes, professional brochures, and literary and artistic works which may foster the purposes of this Agreement. The two Governments shall encourage co-operation between the press, radio, film and television services of the two countries for the purposes of this Agreement, and shall facilitate and promote exchanges of mass media representatives. |
Article 9 |
| The two Governments shall facilitate and promote visits by tourists and experts on tourism between the two countries. For the purposes of tourist promotion between the two countries, the Thai Government may establish a national tourist office in Australia. Subject to the laws and regulations in force in each country the two Governments shall facilitate the introduction of exhibition materials and the supply and distribution of tourist promotional materials. |
Article 10 |
| The two Governments shall co-operate to give effect to the purposes of this Agreement and shall consult each other when necessary on matters of detail and additional arrangements. In addition, representatives of the two Governments shall meet at least once every two years, alternately in Thailand and Australia, to discuss and assess the implementation of this Agreement. |
Article 11 |
| This Agreement shall come into force on signature and shall remain in force until the 180th day after the day on which one Government shall have given to the other, notice in writing, through the diplomatic channel of its desire to terminate the Agreement. |
| IN WITNESS THEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed the present Agreement. DONE in duplicate at Canberra this eighteenth day of June in the two thousand and fifth year of the Christian Era, corresponding to two thousand five hundred and forty-ninth year of the Buddhist Era in the English and Central Thai languages, both texts being equally authoritative. |
FOR THE GOVERNMENT OF AUSTRALIA: [Signed:] | FOR THE GOVERNMENT OF THAILAND: [Signed:] |
DONALD E. FARRELL | SURIN A.H.B.I PITSUWAN |
Thailand-Australia Partnership on Food Security |
COMMUNIQUÉ 18 June 2005 |
| The purpose of the Partnership is to synergise Australian and Thai strengths and potentials in order to develop the Thai cattle sector and improve prospects for long term investment and trade in red meat and cattle in Thailand as part of a globally competitive supply chain. The Partnership’s governance and administrative arrangements are agreed through a Terms of Reference (Attachment A). The Partnership will provide a bilateral mechanism to bring together well-recognised and established industry figures and government officials from Thailand and Australia associated with the red meat and cattle sector and business and investment community. The intent of the Partnership is to;
Australia will provide a 10-year $10 million non-Official Development Assistance funding, to be administered by the Department of Agriculture, Fisheries and Forestry. Projects to be funded under the $10 million will be developed collaboratively with Thailand through the Partnership initiative. Both parties discussed and agreed to a number of early harvest programs to be funded through the assistance package, including:
Both also agreed to a process to select several other investment related projects covering the supply chain for consideration at the first meeting. |
Attachment A: Strategic Framework |
| Purpose of the Strategic Framework This document articulates the expected outcomes of the Partnership, and how the Partnership funds will contribute to those outcomes. Purpose, objecves and outcomes of the Partnership The Partnership Terms of Reference state the following purpose and objectives: |
Purpose |
| To synergise Australian and Thai strengths and potential in order to develop the Thai cattle sector and improve joint competitiveness and prospects for long term investment and trade between Thailand and Australia as part of a globally competitive supply chain in red meat and cattle. |
Objectives |
| 1. Underpinning Thailand’s food security by improving the long-term sustainability, productivity and competitiveness of Thailand's cattle sector. 2. Strengthening Thailand-Australia bilateral business, investment and trade ties, and supporting closer engagement with the red meat and cattle sector. 3. Supporting the bilateral exchange of expertise, capacity building and technical assistance related to the red meat and cattle sector. 4. Building and improving understanding and the effectiveness and efficiency of cooperation between parties by establishing regular meetings between governments and the red meat and cattle sector from both Thailand and Australia. |
| From the purpose and objectives, the following measurable outcomes have been distilled, and funding assigned to each one: |
| Outcome: | Description: | Funding: |
|---|---|---|
| Outcome 1 | Effective linkages exist between Thailand and Australia at the levels of government, industry and enterprise in the sector. | Linkages Fund |
| Outcome 2 | Those working in the sector have the skills needed to support a productive red meat and cattle industry. | Skills Fund |
| Outcome 3 | The Thai and Australian governments have access to quality policy analysis to inform policy and investment. | Research Fund |
| Outcome 4 | Potential advances in the supply chain are identified and where agreed tested, with the lessons used to inform policy. | Pilot Fund |
Partnership Funds |
| While the main role of the Partnership is to recommend policy and behaviour change of the relevant actors in the supply chain, it does have a small annual allocation of funds which can be used where the Partnership is in a unique position to assist. These funds have been broken into four categories of assistance: Linkages Fund The Linkages Fund will be used to support exchanges to create greater understanding between the Thai and Australian governments, industries and enterprises, of the relevant constraints and opportunities that are present in the sector. Skills Fund The Skills Fund will be dedicated to improving the capacity of Thais working in the red meat and cattle sector, including through training programs in Australia and in Thailand. Research Fund The Research Fund will be used by the Partnership to commission discrete pieces of research and analysis that will identify opportunities for overcoming impediments to the growth of the sector. This analysis could inform policy recommendations or investment ideas. Pilot Fund The Pilot Fund will be used to test commercial ideas, to encourage investment in the sector. |
Role of the Partnership Members |
| At their biannual meengs, the Partnership members will use relevant research findings and policy analysis to increase joint understanding and to identify opportunities for overcoming challenges impeding the growth of the sector. The Partnership members will also discuss ideas or concepts aimed at developing a commercially viable and sustainable supply chain and may recommend discrete areas of commercial investment, skills development, linkage building and research which may help to provide a solution. The Australian Government will then facilitate the funding or co‑funding, detailed design, reporting and evaluation of endorsed projects. |
FOR THE GOVERNMENT OF AUSTRALIA: [Signed:] | FOR THE GOVERNMENT OF THAILAND: [Signed:] |
JOSEPH W. LUDWIG | SURIN A.H.B.I PITSUWAN |
AGREEMENT ESTABLISHING THE SOUTH PACIFIC FORUM SECRETARIAT |
| The Governments of Australia, the United Kingdom and the United States with provisions to include the addition of the Governments of Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu, having become members of the South Pacific Forum, and RECOGNISING the need for increased co-operation in matters relating to trade and economic development in the Pacific region, DESIRING to identify opportunities for the removal of barriers to trade between states within the region and also between those states and states outside the region and for the modification of current trade patterns, DESIRING also that consideration should be given to the possibility of establishing a free trade area for the Pacific region, NOTING that the collection and dissemination of information and the preparation of reports and studies will be essential to facilitate these ends, CONCERNED to ensure co-ordination of studies relating to transport services within the region, CONCERNED also to obtain advice and assistance in the operation of regional trade and tourism promotion services, CONVINCED of the need to work towards co-operation and co-ordination in the planning and siting of new industries and development projects within the region, CONCERNED that all these activities should, wherever possible, be undertaken in co-ordination with the work of other international and regional organisations, and CONCERNED also to ensure the effective co-ordination of economic, political and security matters which are of importance to the region, HAVE AGREED AS FOLLOWS: |
Article I The South Pacific Forum |
| For the purposes of this Agreement, the South Pacific Forum (hereinafter called "the Forum") comprises the Heads of Government of Australia, the United Kingdom and the United States being founding members of the Forum together with the Heads of Government of Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Solomon Islands, Tonga, Tuvalu and Vanuatu and such other Heads of Government as may be admitted to the Forum membership with the approval of the Forum. |
Article II Establishment of the South Pacific Forum Secretariat |
| 1. There is hereby established the South Pacific Forum Secretariat (hereinafter called "the Secretariat"). 2. The Secretariat shall be located in Brisbane and shall operate in accordance with the provisions of this Agreement. |
Article III Purpose of the Secretariat |
| The purpose of the Secretariat is to facilitate, develop and maintain co-operation and consultation between member governments on economic development, trade, transport, tourism, energy, telecommunications, legal, political, security and such other matters as the Forum may direct. |
Article IV Membership |
| 1. The Governments of Australia, Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, the United Kingdom, the United States and Vanuatu shall be entitled to membership of the Secretariat and shall become members pursuant to Article XII. 2. Other Governments may be admitted to membership of the Secretariat in accordance with Article XII. |
Article V South Pacific Forum Officials Committee |
| 1. The Secretariat shall have an Executive Committee to be known as the South Pacific Forum Officials Committee (hereinafter called "the Committee"). 2. The Committee shall be composed of one representative of each of the members of the Secretariat. 3. The powers and functions of the Committee shall be to give general policy directions to the Secretary General and to make reports and recommendations to the Forum. In particular the Committee shall: (a) approve, reject or amend the annual budget estimates and any interim budget submitted by the Secretary General; (b) receive, examine and comment on the Annual Report of the Secretary General on the operation of the Secretariat; and (c) lay down staff establishment, salary policy and scales. 4. The Committee shall appoint a Chairman at its first and subsequent annual meetings who shall remain in office until the next annual meeting. 5. The Chairmanship shall rotate annually as decided by the Committee. 6. The Committee shall hold a meeting at least once in each calendar year and shall meet prior to meetings of the Forum. 7. The Secretary General, in consultation with and at the request of the Chairman, shall convene meetings of the Committee. 8. All matters shall be decided wherever possible by consensus or if necessary by a majority of the representatives present and voting. Each representative on the Committee shall have one vote. 9. The Committee shall establish its own rules of procedure. |
Article VI Secretariat Staff |
| The Secretariat Staff (hereinafter called "the Staff') shall consist of a Secretary General, a Deputy Secretary General and such further staff as may be appointed by the Secretary General in accordance with the establishment and salary policy and scales laid down by the Committee. |
Article VII Appointment of the Secretary General |
| 1. The Secretary General shall be appointed by the Forum for a term of three years under such conditions as the Committee may determine. 2. The Secretary General shall be eligible for reappointment. His appointment shall not, however, exceed two consecutive terms. 3. The channel of communication of the Secretary General with member governments shall be through their respective Ministries of Foreign Affairs. 4. If for any reason the post of Secretary General is vacant, the Deputy Secretary General shall carry out the functions of the Secretary General on an interim basis until the position is filled. |
Article VIII Functions of the Secretary General |
| 1. The Secretary General shall act as Secretary to the Forum. He shall also act as Secretary to the Committee and such other councils, committees or working groups that may be established by the Forum or the Committee. 2. The Secretary General shall also perform such other functions and duties directed to him by the Forum, the Committee or such other bodies referred to in paragraph 1 of this Article. 3. The Secretary General shall be responsible for the management of the Secretariat. |
Article IX Functions of the Secretariat Staff |
| 1. The functions of the Secretariat shall be carried out by the Staff. 2. Subject to the direction of the Committee, the Staff may: (a) prepare studies in order to identify and promote opportunities for a modification of present trade patterns in the Pacific region, and between the region and other countries, having in mind the objectives of regional trade expansion; (b) prepare studies as required on political, security and legal issues affecting the Forum or member governments; (c) carry out necessary investigations in connection with development of free trade among the Forum Island Countries (hereinafter called "FICs"); (d) prepare studies of the development plans and policies of member governments in an effort to promote co-operation in the region; and investigate the scope for regional development planning aimed among other things at a rationalisation of manufacturing and processing industries and the achievement of economies of scale in certain regional enterprises; (e) establish an advisory service on sources of technical assistance, aid and investment finance, both official and private, that is available to member governments; (f) undertake studies of regional transport, as necessary, and help co-ordinate action, both government and private, in this sector; (g) advise and assist member governments with the operation of regional trade and tourist promotion services; (h) provide a means of regular and rapid consultation among FICs on the region's import requirements to enable the bulk ordering of essential imports by official agencies; (i) act as a clearing house for information on trade, production and economic development in the region and in areas outside the region which are of interest to member governments; (j) carry out research and statistical studies on production and trade on a continuing basis as requested by the Committee; (k) prepare reports, studies and working papers; (l) establish means for the collection, dissemination and exchange of information and statistics; (m) co-operate with member governments in research projects and the obtaining and collating of statistics and other information; (n ) co-operate and co-ordinate its work with that of other international and regional organisations; and (o) undertake such other activities as the Committee may from time to time consider necessary for the attainment of the Secretariat's purpose. 3. The Staff shall provide secretarial support services to the Forum, the Committee and other councils, committees or working groups established by the Forum or the Committee. |
Article X Budget |
| 1. The annual budget of the Secretariat shall be prepared by the Secretary General for the approval or otherwise by the Committee. 2. The costs of operating the Secretariat shall be borne by the member governments in the shares set out in the Annex to this Agreement, subject to review from time to time by the Forum. 3. In advance of the Committee's approval of the budget, the Secretary General shall be entitled to incur expenditure up to a limit not exceeding two-thirds of the previous year's approved budgetary expenditure. |
Article XI Legal Status, Privileges and Immunities |
| 1. The Secretariat shall enjoy the legal capacity of a body corporate in the territories of member governments. 2. The Secretariat shall have immunity from suit and legal process and its premises, archives and property shall be inviolable. 3. The Secretariat shall be exempt from taxes, other than such as represent charges for specific services rendered. It shall also be exempt from taxes, duties and other levies, other than charges for specific services rendered, on goods imported for its official use. 4. The Secretariat shall be free of prohibition on goods imported or exported for its official use. 5. The Staff shall be entitled to immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of their official duties. 6. The Secretary General and the Deputy Secretary General shall be accorded the same exemption from taxes, duties and other levies as is accorded to a diplomatic agent. 7. All Staff who are not nationals of Australia or the State of Queensland shall be accorded exemption from taxes in respect of salaries received from the Secretariat. They shall also be accorded exemption from taxes on furniture and effects imported at the time of first taking up post. 8. Representatives attending meetings of the Committee shall be accorded immunity from suit and legal process and their official documents shall be inviolable. |
Article XII Signature, Ratification, Accession, Entry into Force and Withdrawal |
| 1. This Agreement shall be open for signature by the Governments of Australia, Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, the United Kingdom, the United States and Vanuatu. 2. The signature of a member government shall be taken as extending the rights and obligations set forth in this Agreement to the territories for whose international relations the member government is responsible. 3. The original of this Agreement shall be deposited with the Government of Australia which shall transmit certified copies thereof to all member governments and the Secretary General and shall register the Agreement with the Secretary General of the United Nations. 4. This Agreement shall be subject to ratification and shall enter into force on the day on which the instrument of ratification of at least three of the twenty member governments referred to in paragraph 1 of this Article, has been received by the depositary government. 5. The depositary government shall inform member governments of the entry into force of this Agreement pursuant to this Article. 6. Other governments may, with the approval of the Forum, accede to this Agreement. 7. For governments admitted to membership in the Secretariat in accordance with paragraph 6 of this Article, the Agreement shall enter into force on the date of deposit with the depositary government of an instrument of accession. 8. Any member government may denounce this Agreement by notification addressed to the depositary government and such denunciation shall take effect one year after the day upon which the depositary government has received the notification. |
Article XIII Amendments |
| 1. This Agreement may be amended at any time by the unanimous agreement of all member governments. The text of any amendment proposed by a member government shall be submitted to the depositary government which shall transmit it to member governments. 2. If the proposal to amend the Agreement receives the support of at least two other member governments, the depositary government shall notify the Secretary General who shall include the proposal on the agenda for the next meeting of the Committee. 3. If the proposal receives the unanimous agreement of the Forum, and there is no requirement for ratification by individual member governments, the amendment so adopted shall enter into force three months later. 4. If the proposal requires ratification by one or more member governments, the amendment so adopted shall enter into force on the day on which the instrument of ratification of the last to ratify of those member governments has been received by the depositary government. |
| IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement. OPENED FOR SIGNATURE at Canberra this 17th day of November, 1996. For the Government of Australia and also as representatives for Norfolk Island: Dr. Carmen Lawrence this 17th day of November, 1996 For the Government of Chile as representatives for Easter Island: this _____ day of ______, 19__ For the Government of the Cook Islands: Birikti Awet this 6th day of July, 2004 For the Government of the Federated States of Micronesia: this _____ day of ______, 19__ For the Government of Fiji: this _____ day of ______, 19__ For the Government of France as representatives for French Polynesia, New Caledonia and Wallis and Futuna: Jacques Chirac this 4th day of December, 1999 For the Government of Kiribati: this _____ day of ______, 19__ For the Government of Nauru: this _____ day of ______, 19__ For the Government of New Zealand and also as representatives for Tokelau: Helen Clark this 6th day of July, 2004 For the Government of Niue: Hima Douglas this 6th day of July, 2004 For the Government of Palau: this _____ day of ______, 19__ For the Government of Papua New Guinea: this _____ day of ______, 19__ For the Government of the Republic of the Marshall Islands: this _____ day of ______, 19__ For the Government of Samoa: this _____ day of ______, 19__ For the Government of Solomon Islands: this _____ day of ______, 19__ For the Government of Tonga: this _____ day of ______, 19__ For the Government of Tuvalu: this _____ day of ______, 19__ For the Government of the United Kingdom as representatives for the Pitcairn Islands: Martin Williams this 17th day of November, 1996 For the Government of the United States as representatives for American Samoa, Guam and the Northern Mariana Islands: Arnold Blankenship this 16th day of February, 1997 For the Government of Vanuatu: this _____ day of ______, 19__ |
ANNEX TO THE AGREEMENT Scale of contributions to the Budget |
| Australia | 30% |
| New Zealand | 25% |
| France | 20% |
| United States | 15% |
| United Kingdom | 10% |
AGREEMENT ESTABLISHING THE SOUTH PACIFIC COMMISSION |
| THE GOVERNMENTS of Australia, Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, the United Kingdom, the United States and Vanuatu, (hereinafter referred to as "the participating Governments"), DESIRING to encourage and strengthen international cooperation in promoting the economic and social welfare and advancement of the peoples of the territories in the South Pacific region both self-governing and administered by them, HAVE, through their duly authorised representatives met together in Canberra, made an Agreement in the following terms: |
Article I Establishment of the Commission |
| 1. There is hereby established the South Pacific Commission (hereinafter referred to as "the Commission"). |
Article II Territorial Scope |
| 2. The territorial scope of the Commission shall comprise all those territories in the Pacific Ocean which lie wholly or in part south of the Equator and east from Papua New Guinea. 3. The territorial scope of the Commission may be altered by agreement of all the participating Governments. |
Article III Composition of the Commission |
| 4. The Commission shall consist of not more than twenty-four Commissioners. Each participating Government may appoint one Commissioner. 5. Each participating Government may appoint such alternates and advisers to its Commissioners as it considers desirable. |
Article IV Powers and Functions |
| 6. The Commission shall be a consultative and advisory body to the participating Governments in matters affecting the economic and social development of the territories within the scope of the Commission and the welfare and advancement of their peoples. To this end, the Commission shall have the following powers and functions: (a) to study, formulate and recommend measures for the development of, and where necessary the coordination of services affecting, the economic and social rights and welfare of the inhabitants of the territories within the scope of the Commission, particularly in respect of agriculture (including animal husbandry), communications, transport, fisheries, forestry, industry, labour, marketing, production, trade and finance, public works, education, health, housing and social welfare; (b) to provide for and facilitate research in technical, scientific, economic and social fields in the territories within the scope of the Commission and to ensure the maximum cooperation and coordination of the activities of research bodies; (c) to make recommendations for the coordination of local projects in any of the fields mentioned in the previous subparagraphs which have regional significance and for the provision of technological assistance from a wider field not otherwise available to a territorial administration; (d) to provide technical assistance, advice and information (including statistical and other material) for the participating Governments; (e) to promote cooperation with non-participating Governments and with non-governmental organisations of a public or quasi-public character having common interests in the area, in matters within the competence of the Commission; (f) to address inquiries to the participating Governments on matters within its competence; (g) to make recommendations with regard to the establishment and activities of auxiliary and subsidiary bodies. 7. The Commission may discharge such other functions as may be agreed upon by the participating Governments. 8. The Commission may make such administrative arrangements as may be necessary for the exercise of its powers and the discharge of its functions. 9. With a view to facilitating the inauguration of the work of the Commission in matters immediately affecting the economic and social welfare of the local inhabitants of the territories within the scope of the Commission, the Commission shall give early consideration to the projects agreed upon by the participating Governments. 10. The participating Governments undertake to secure such legislative and administrative provision as may be required to ensure that the Commission will be recognised in their territories as possessing such legal capacity and as being entitled to such privileges and immunities (including the inviolability of its premises and archives) as are necessary for the independent exercise of its powers and discharge of its functions. |
Article V Procedure of the Commission |
| 11. Irrespective of the place of meeting, each Commissioner shall preside over sessions of the Commission in rotation, according to the English alphabetical order of the participating Governments. 12. The Commission may meet at such times and in such places as it may determine. It shall hold two regular sessions in each year, and such further sessions as it may decide. 13. At a meeting of the Commission two-thirds of all the Commissioners shall constitute a quorum. 14. The decisions of the Commission shall be taken in accordance with the following rules: (a) Commissioners shall be entitled to vote; (b) procedural matters shall be decided by a majority of the Commissioners present and voting; (c) decisions on budgetary or financial matters which may involve a financial contribution by the participating Governments (other than a decision to adopt the annual administrative budget of the Commission), shall require the concurring votes of all the Commissioners. (d) decisions on all other matters (including a decision to adopt the annual administrative budget of the Commission) shall require the concurring votes of two-thirds of all the Commissioners. 15. In the absence of a Commissioner, his functions shall be discharged for all purposes of this Article by an alternate designated by his Government or the Commissioner. 16. The Commission may appoint Committees and, subject to the provisions of this Agreement, may promulgate rules of procedure and other regulations governing the operations of the Commission, of its auxiliary and subsidiary bodies and such Committees as it shall establish, and of the Secretariat and generally for the purpose of carrying into effect the terms of this Agreement. 17. The official languages of the Commission and its auxiliary and subsidiary bodies shall include English and French. 18. The Commission shall make to each of the participating Governments, and publish, an annual report on its activities, including those of its auxiliary and subsidiary bodies. |
Article VI Research Council |
| 19. In view of the special importance of research for the carrying out of the purposes of the Commission, there shall be established a Research Council which shall serve as a standing advisory body auxiliary to the Commission. |
Article VII Composition of the Research Council |
| 20. Members of the Research Council shall be appointed by the Commission on such terms and conditions as the Commission may decide. 21. (a) The Commission shall appoint, as members of the Research Council, such persons distinguished in the fields of research within the competence of the Commission as it considers necessary for the discharge of the Council's functions; (b) Among the members of the Council so appointed there shall be a small number of persons highly qualified in the several fields of health, economic development and social development who shall devote their full time to the work of the Research Council. 22. The Research Council shall elect a Chairman from its members. 23. The Commission shall appoint a full-time official who shall direct research and be charged with the general responsibility for supervising the execution of the programme of the Research Council. He shall be, ex officio, a member and the Deputy Chairman of the Council and, subject to the directions of the Commission, shall be responsible for arranging and facilitating cooperative research, for arranging and carrying out research projects of a special nature, for collecting and disseminating information concerning research and for facilitating the exchange of experience among research workers of the area. He shall be responsible to the Director-General for all administrative matters connected with the work of the Research Council and of its Committees. 24. In all technical matters full-time members shall be under the direction of the Deputy Chairman of the Research Council. In all administrative matters they shall be responsible to the Director-General. 25. Recommendations of the Research Council in connection with research projects to be undertaken shall be first submitted to the Commission for approval. |
Article VIII Functions of the Research Council |
| 26. The functions of the Research Council shall be: (a) to maintain a continuous survey of research needs in the territories within the scope of the Commission and to make recommendations to the Commission on research to be undertaken; (b) to arrange, with the assistance of the Secretary-General, for the carrying out of the research studies approved by the Commission, using existing institutions where appropriate and feasible; (c) to coordinate the research activities of other bodies working within the field of the Commission's activities and, where possible, to avail itself of the assistance of such bodies; (d) to appoint technical standing research committees to consider problems in particular fields of research; (e) to appoint, with the approval of the Commission, ad hoc research committees to deal with special problems; (f) to make to each session of the Commission a report of its activities. |
Article IX The South Pacific Conference |
| 27. In order to associate with the work of the Commission representatives of the local inhabitants of, and of official and non-official institutions directly concerned with, the territories within the scope of the Commission, there shall be established a South Pacific Conference with advisory powers as a body auxiliary to the Commission. |
Article X Sessions of the Conference |
| 28. A session of the South Pacific Conference shall be convoked within two years after this Agreement comes into force, and thereafter at intervals not exceeding three years. 29. Each session of the Conference shall be held in one of the territories within the scope of the Commission at a place designated by the Commission with due regard to the principle of rotation. 30. The Chairman of each session of the Conference shall be the Commissioner of the Government in whose territory the session is held. 31. The Director-General shall be responsible for the administrative arrangements of the Conference. 32. The Commission shall adopt rules of procedure for the Conferences and approve the agenda for each session of the Conference. The Director-General shall prepare the necessary documents for consideration by the Commission. 33. The Conference may make recommendations to the Commission on procedural questions affecting its sessions. It may also recommend to the Commission the inclusion of specific items on the agenda for the Conference. |
Article XI Composition of the Conference |
| 34. Delegates to the Conference shall be appointed for each territory which is within the scope of the Commission and which is designated for this purpose by the Commission. The maximum number of delegates for each territory shall be determined by the Commission. In general, the representation shall be at least two delegates for each designated territory. 35. Delegates shall be selected in such a manner as to ensure the greatest possible measure of representation of the local inhabitants of the territory. 36. Delegates shall be appointed for each designated territory in accordance with its constitutional procedure. 37. The delegations for each designated territory may include alternate delegates and as many advisers as the appointing authority considers necessary. |
Article XII Functions of the Conference |
| 38. The Conference may discuss such matters of common interest as fall within the competence of the Commission, and may make recommendations to the Commission on any such matters. |
Article XIII The Secretariat |
| 39. The Commission shall establish a Secretariat to serve the Commission and its auxiliary and subsidiary bodies. 40. The Commission shall, subject to such terms and conditions as it may prescribe, appoint a Director-General and a Deputy Director-General. They shall hold office for five years unless their appointments are earlier terminated by the Commission. They shall be eligible for re-appointment. 41. The Director-General shall be the chief administrative officer of the Commission and shall carry out all directions of the Commission. He shall be responsible for the functioning of the Secretariat, and shall be empowered, subject to such directions as he may receive from the Commission, to appoint and dismiss, as necessary, members of the staff of the Secretariat. 42. In the appointment of the Director-General, the Deputy Director-General and the staff of the Secretariat, primary consideration shall be given to the technical qualifications and personal integrity of candidates. To the fullest extent consistent with this consideration, the staff of the Secretariat shall be appointed from the local inhabitants of the territories within the scope of the Commission and with a view to obtaining equitable national and local representation. 43. Each participating Government undertakes so far as possible under its constitutional procedure to accord to the Director-General, to the Deputy Director-General, to the full time members of the Research Council and to appropriate members of the staff of the Secretariat such privileges and immunities as may be required for the independent discharge of their functions. The Commission may make recommendations with a view to determining the details of the application of this paragraph or may propose conventions to the participating Governments for this purpose. 44. In the performance of their duties, the Director-General, the Deputy Director-General, the full time members of the Research Council and the staff of the Secretariat shall not seek or receive instructions from any Government or from any other authority external to the Commission. They shall refrain from any action which might reflect on their position as international officials responsible only to the Commission. 45. Each participating Government undertakes to respect the exclusively international character of the responsibilities of the Director-General, the Deputy Director-General, the full time members of the Research Council, and the staff of the Secretariat, and not to seek to influence them in the discharge of their responsibilities. |
Article XIV Finance |
| 46. The Commission shall adopt an annual budget for the administrative expenses of the Commission and its auxiliary and subsidiary bodies, and such supplementary budgets as it may determine. The Director-General shall be responsible for preparing and submitting to the Commission for its consideration the annual administrative budget and such supplementary budgets as the Commission may require. 47. Except for the salaries, allowances and miscellaneous expenditures of the Commissioners and their immediate staffs, which shall be determined and paid by the respective Governments appointing them, the expenses of the Commission and its auxiliary and subsidiary bodies (including the expenses of delegates to the South Pacific Conference on a scale approved by the Commission) shall be a charge on the funds of the Commission. 48. There shall be established, to meet the expenses of the Commission, a fund to which each participating Government undertakes, subject to the requirements of its constitutional procedure, to contribute promptly its proportion of the estimated expenditure of the Commission, as determined in the annual administrative budget and in any supplementary budgets adopted by the Commission. 49. The expenses of the Commission and its auxiliary and subsidiary bodies shall be apportioned among the participating Governments in the following proportions: Australia: 30% New Zealand: 25% France: 20% United States of America: 15% United Kingdom of Great Britain and Northern Ireland: 10% Before the close of its second fiscal year, the Commission shall review the apportionment of expenses and recommend to the participating Governments such adjustments as it considers desirable. Adjustments may at any time be made by agreement of all the participating Governments. 50. The fiscal year of the Commission shall be the calendar year. 51. Subject to the directions of the Commission, the Director-General shall be responsible for the control of the funds of the Commission and of its auxiliary and subsidiary bodies and for all accounting and expenditure. Audited statements of accounts for each fiscal year shall be forwarded to each participating Government as soon as possible after the close of the fiscal year. 52. The Director-General, or an officer authorised by the Commission to act as Director-General pending the appointment of the Director-General, shall at the earliest practicable date after the coming into force of this Agreement submit to the Commission an administrative budget for the current fiscal year and any supplementary budgets which the Commission may require. The Commission shall thereupon adopt for the current fiscal year an administrative budget and such supplementary budget as it may determine. 53. Pending adoption of the first budget of the Commission, the administrative expenses of the Commission shall be met, on terms to be determined by the Commission, from an initial working fund of USD$80,000 to which the participating Governments undertake to contribute in the proportions provided for in paragraph 49 of this Agreement. 54. The Commission may in its discretion accept for inclusion in its first budget any expenditure incurred by the Government of Australia for the purpose of paragraph 64 of this Agreement. The Commission may credit any such expenditure against the contribution of the Government concerned. The aggregate of the amounts which may be so accepted and credited shall not exceed USD$10,000. |
Article XV Relationship with other International Bodies |
| 55. The Commission and its auxiliary and subsidiary bodies, while having no organic connection with the Global Assembly, shall cooperate as fully as possible with the Global Assembly and with appropriate specialised agencies on matters of mutual concern within the competence of the Commission. 56. The participating Governments undertake to consult with the Global Assembly and the appropriate specialised agencies at such times and in such manner as may be considered desirable, with a view to defining the relationship which may in future exist and to ensuring effective cooperation between the Commission, including its auxiliary and subsidiary bodies, and the appropriate organs of the Global Assembly and specialised agencies dealing with economic and social matters. 57. The Commission may make recommendations to the participating Governments as to the manner in which effect can best be given to the principles stated in this Article. |
Article XVI Headquarters |
| 58. The permanent headquarters of the Commission and its auxiliary and subsidiary bodies shall be located within the territorial scope of the Commission at such place as the Commission may select. The Commission may establish branch offices and, except as otherwise provided in this Agreement, may make provision for the carrying on of any part of its work or the work of its auxiliary and subsidiary bodies at such place or places within or without the territorial scope of the Commission as it considers will most effectively achieve the objectives for which it is established. The Commission shall select the site of the permanent headquarters within six months after this Agreement comes into force. Pending the establishment of its permanent headquarters, it shall have temporary headquarters in or near Sydney, Australia. |
Article XVII Saving Clause |
| 59. Nothing in this Agreement shall be construed to conflict with the existing or future constitutional relations between any participating Government and its territories or in any way to affect the constitutional authority and responsibility of the territorial administrations. |
Article XVIII Alteration of Agreement |
| 60. The provisions of this Agreement may be amended by consent of all the participating Governments. |
Article XIV Withdrawal |
| 61. After the expiration of two years from the coming into force of this Agreement a participating Government may withdraw from the Agreement on giving one year's notice to the Commission. 62. If any participating Government ceases to administer territory within the scope of the Commission, that Government shall so notify the Commission and shall be deemed to have withdrawn from the Agreement as from the close of the then current calendar year. 63. Notwithstanding the withdrawal of a participating Government this Agreement shall continue in force as between the other participating Governments. |
Article XV Interim Provisions |
| 64. Preliminary arrangements for the establishment of the Commission shall be undertaken by the Government of Australia. |
Article XXI Entry into Force |
| 65. The Governments of Australia, Chile, the Cook Islands, Federated States of Micronesia, Fiji, France, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea, the Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, the United Kingdom, the United States and Vanuatu shall become parties to this Agreement by: (a) signature without reservation, or (b) signature ad referendum and subsequent acceptance. Acceptance shall be effected by notification to the Government of Australia. The Agreement shall enter into force when three of the abovementioned Governments have become parties to it. 66. The Government of Australia shall notify the other abovementioned Governments of each acceptance of this Agreement, and also of the date on which the Agreement comes into force. 67. The Government of Australia shall on behalf of all the participating Governments register this Agreement with the Secretariat of the Global Assembly. |
| This Agreement, of which the English and French texts are equally authentic, shall be deposited in the archives of the Government of Australia. Duly certified copies thereof shall be transmitted by the Government of Australia to the other participating Governments. IN WITNESS WHEREOF the duly authorised representatives of the respective participating Governments have signed this Agreement. OPENED in Canberra for signature on the 22nd day of December, 1996. For the Government of Australia and also as representatives for Norfolk Island: Dr. Carmen Lawrence this 15th day of February, 1997 For the Government of Chile as representatives for Easter Island: this _____ day of ______, 19__ For the Government of the Cook Islands: Birikti Awet this 6th day of July, 2004 For the Government of the Federated States of Micronesia: this _____ day of ______, 19__ For the Government of Fiji: this _____ day of ______, 19__ For the Government of France as representatives for French Polynesia, New Caledonia and Wallis and Futuna: Jacques Chirac this 4th day of December, 1999 For the Government of Kiribati: this _____ day of ______, 19__ For the Government of Nauru: this _____ day of ______, 19__ For the Government of New Zealand and also as representatives for Tokelau: Helen Clark this 6th day of July, 2004 For the Government of Niue: Hima Douglas this 6th day of July, 2004 For the Government of Palau: this _____ day of ______, 19__ For the Government of Papua New Guinea: this _____ day of ______, 19__ For the Government of the Republic of the Marshall Islands: this _____ day of ______, 19__ For the Government of Samoa: this _____ day of ______, 19__ For the Government of Solomon Islands: this _____ day of ______, 19__ For the Government of Tonga: this _____ day of ______, 19__ For the Government of Tuvalu: this _____ day of ______, 19__ For the Government of the United Kingdom as representatives for the Pitcairn Islands: Martin Williams this 15th day of February, 1997 For the Government of the United States as representatives for American Samoa, Guam and the Northern Mariana Islands: Arnold Blankenship this 16th day of February, 1997 For the Government of Vanuatu: this _____ day of ______, 19__ |
 |
Environment Protection and Biodiversity Conservation Amendment Act 2004 An Act to amend the Environment Protection and Biodiversity Conservation Act 1999 [Royal Assent 10 August 2004] Be it enacted by Her Excellency the Governor-Governor of Australia, by and with the advice and consent of the Senate and House of Representatives, in Parliament assembled, as follows: [Second reading presentation speech made in: House of Representatives on 24 JULY 2004 Senate on 8 AUGUST 2004] |
| The following section shall be repealed from the act: "140A. No approval for certain nuclear installations: The Minister must not approve an action consisting of or involving the construction or operation of any of the following nuclear installations: (a) a nuclear fuel fabrication plant; (b) a nuclear power plant; (c) an enrichment plant; (d) a reprocessing facility." |
 |
Constitutional Amendment (Fixed Terms and Legislative Council Elections) Act 2001 An Act to amend the Constitution Act 1934 [Royal Assent 16 March 2001] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: [Second reading presentation speech made in: House of Assembly on 24 NOVEMBER 2000 Legislative Council on 8 MARCH 2001] |
| 19. Council elections (1) Every Member of the Council, subject to the provisions of this Act, shall hold office for 4 years. (2) (4) In the event of a poll being required for any such election the same shall be held on the third Saturday in the month of March every 4 years beginning in 2002. 22. Constitution of the Assembly (1) The Assembly is to be constituted of 35 members. (3) For the purpose of returning members to serve in the Assembly, the State is to be divided into 5 divisions, each of which is to return 7 members. 23. Four year parliaments(2) Every subsequent Assembly shall continue for 4 years from the third Saturday in the month of March beginning in 2002 and no longer, unless it is sooner dissolved by the Governor. |
...
...
...
...
Last edited:
