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Just, Fleur; Haipla, Kirsti --- "Australian Legislation Concerning Matters of International Law 1999" [1999] AUYrBkIntLaw 20; (1999) 20 Australian Year Book of International Law 385

Australian Legislation
Concerning Matters of International Law 1999

Fleur Just and Kirsti Haipola[∗]

Commonwealth Statutes

1. Agricultural, Fisheries and Forestry Legislation Amendment Act (No 1) (No 4 of 1999)

The Agricultural, Fisheries and Forestry Legislation Amendment Act (No 1) 1999 (‘the Act’) amended Part 7B of the Agricultural and Veterinary Chemicals (Administration) Act 1992 for the purposes of giving effect to Australia’s obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (ATS (1995) 8). The Act also amended the Plant Breeder’s Rights Act (1994) to define ‘Union’ as the International Union for the Protection of New Varieties of Plants as described in Article 1 of the International Convention for the Protection of New Varieties of Plants(ATS (1989) 2).

2. Agricultural, Fisheries and Forestry Legislation Amendment Act (No 2) (No 170 of 1999)

The Agricultural, Fisheries and Forestry Legislation Amendment Act 1999 (‘the Act’) amends the Plant Breeder’s Rights Act 1994 to improve the efficient operation of the Plant Breeder’s Rights Scheme. The amendments ensure that the Commonwealth can recover the costs associated with any test growings conducted on behalf of another country as part of Australia’s membership of the International Union for the Protection of New Varieties of Plants. The Act amends also the provisions of the Australian Wine and Brandy Corporation Act 1994 dealing with inspection powers and record keeping, and amends the definitions of ‘wine’ and the ‘origin of wine’. The amendments enable Australia to give domestic effect to its obligations under the Agreement between Australia and the European Community on Trade in Wine (ATS (1994) 6).

3. A New Tax System (Indirect Tax and Consequential Amendments) Act (No 176 of 1999)

The A New Tax System (Indirect Tax and Consequential Amendment) Act 1999 amends the Consular Privileges and Immunities Act 1972, the Diplomatic Privileges and Immunities Act 1967, the International Organisations (Privileges and Immunities) Act 1963, and the Overseas Missions (Privileges and Immunities) Act 1995 to ensure that Australia continues to meet its international obligations to provide a range of taxation concessions to various bodies and personnel in Australia. The international obligations in question stem from the Vienna Convention on Consular Relations (ATS (1973) 7) and the Vienna Convention on Diplomatic Relations (ATS (1968) 3).

4. Broadcasting Services Amendment Act (No 3) (No 198 of 1999)

The Broadcasting Services Amendment Act (No 3) addresses aspects of the decision of the High Court of Australia in Project Blue Sky Inc & Ors v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355. In that case, it was held that the Australian Content Standard for free-to-air television was inconsistent with the Protocol on Trade in Services to the Australia New Zealand Closer Economic Relations–Trade Agreement (‘CER Protocol’) (ATS (1988) 20). The CER Protocol contains a requirement to give national treatment to services provided by nationals of both countries, which includes services provided in the production of programs for television. The Act limits the scope of international obligations applicable to the Australian Broadcasting Authority (‘ABA’) in exercising its statutory functions and provides that the ABA shall perform its functions in a manner that is consistent with Australia’s obligations under the CER Protocol.

5. Border Protection Legislation Amendment Act (No 160 of 1999)

The Border Protection Legislation Amendment Act (‘the Act’) amends the Migration Act 1958 and the Customs Act 1901 to revise and enhance the powers of investigation and enforcement at sea. The Act provides, in certain circumstances for:

• the boarding and searching of ships and aircraft in Australia’s territorial sea, the contiguous zone, the high seas, and the EEZ;

• hot pursuit of ships whose master has not complied with a request to board;

• hot pursuit of motherships (ships reasonably suspected of being used in direct support of, or in preparation for, a contravention of specified legislation involving another ship); and

• the moving and/or destroying of ships which are unseaworthy, or which pose a serious risk to navigation, quarantine, safety or public health, or which pose a serious risk of damage to property or the environment.

The new and enhanced powers are consistent with Australia’s rights and obligations under the United Nations Convention on the Law of the Sea (ATS (1994) 31) and customary international law.

6. Copyright Amendment (Computer Programs) Act (No 105 of 1999)

The Copyright Amendment (Computer Programs) Act (‘the Act’) amends the Copyright Act 1968 to add new exceptions to activities which infringe copyright in computer programs. The Act permits decompilation (the working back from the object code of a computer program to a version of the source code) in specific circumstances. This is consistent with Australia’s obligations under the Berne Convention for the Protection of Literary and Artistic Works (ATS (1978) 5) , the Universal Copyright Convention (ATS (1978) 2) and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (ATS (1995) 8).

7. Criminal Code Amendment (Slavery and Sexual Servitude) Act (No 104 of 1999)

The Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 inserts a new Division 270 into the Criminal Code Act 1995 creating offences relating to slavery, sexual servitude and deceptive recruiting for sexual services. The Act has extraterritorial effect and the slavery offences will apply whether the conduct occurs inside or outside Australia, and whether or not the offender is an Australian national.

8. Criminal Code Amendment (Bribery of Foreign Public Officials) Act (No 43 of 1999)

The Criminal Code Amendment (Bribery of Foreign Public Officials) Act 1999 enables Australia to give domestic effect to its obligations under the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (ATS (1999) 21), as well as the 1996 United Nations General Assembly Declaration Against Corruption and Bribery in International Business Transactions.

9. Customs (Anti-dumping Amendments) Act (No 26 of 1999)

The Customs (Anti-Dumping Amendments) Act 1999 amends the Customs Act 1901 to provide a special approach for determining normal value of allegedly dumped goods from countries that are in the process of transition to a market economy. This approach is consistent with Australia’s obligations under the Marrakesh Agreement establishing the World Trade Organisation (ATS (1995) 8).

10. Customs Legislation Amendment Act (No 1) (No 137 of 1999)

The Customs Legislation Amendment Act (No 1) 1999 (‘the Act’) amends the Customs Act 1901 (‘Customs Act’) to provide Customs Officers with more effective powers in relation to the detection of illicit drugs at the border. In particular, the Act provides that Customs Officers may board and search a foreign flag ship in the contiguous zone where there are reasonable grounds to suspect that the ship is, has been, or will be involved in the commission of an offence against the Customs Act. The Act also extends the area in which the general powers to board and search ships may be exercised to include the sea to the landward side of the base line to the coastline of Australia as well as the territorial sea. The new powers are consistent with Australia’s obligations under the United Nations Convention on the Law of the Sea (ATS (1994) 16).

11. Customs Amendment (ACIS Implementation) Act (No 141 of 1999)

The Customs Amendment (ACIS Implementation) Act 1999 implements a transitional assistance scheme to the automotive industry know as the Automotive Competitiveness and Investment Scheme. This scheme replaces the Export Facilitation Scheme which was no longer consistent with Australia’s commitments under the World Trade Organisation. The new scheme is consistent with Australia’s obligations under the Marrakesh Agreement Establishing the World Trade Organisation (ATS (1995) 8).

12. Customs Tariff Amendment Act (No1) (No 190 of 1999)

The Customs Tariff Amendment Act institutes a phase-down of customs rates of duty for textiles, clothing and footwear articles from 1 January 2005. The phase-down is consistent with Australia’s commitments under the APEC Bogor Goals to open up trade in these products by the year 2010.

13. Damage by Aircraft Act (No 107 of 1999)

The Damage by Aircraft Act 1999 (‘the Act’) improves compensation arrangements for third parties on the ground of suffering death, injury or damage from aircraft that come from within Commonwealth Jurisdiction. The commencement of the Act will coincide with Australia’s denouncement of the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface 1952 (ATS (1959) 1) (‘Rome Convention’). Under the Rome Convention, foreign aircraft that fall within the scope of the Convention are subject only to limited liability which results in inadequate levels of compensation. Foreign aircraft that do not come under the Rome Convention, the great majority of those serving the Australian market, are subject to unlimited (and strict) liability. The Act provides a uniform liability regime.

14. Electronic Transactions Act (162 of 1999)

The Electronic Transactions Act 1999 is based upon the United Nations Commission on International Trade Law Model Law on Electronic Commerce. It provides a regulatory regime for the use of electronic communications in transactions. The Act facilitates the development of electronic commerce in Australia by broadly removing existing legal impediments that may prevent a person using electronic communications to satisfy obligations under Commonwealth law, and gives business and the community the option of using electronic communications when dealing with Government agencies.

15. Environment Protection and Biodiversity Conservation Act 1999 (No 42 of 1999)

The Environment Protection and Biodiversity Conservation Act 1999 (‘the Act’) replaces the National Parks and Wildlife Act 1975, the Whale Protection Act 1980, the World Heritage (Properties Conservation) Act 1983, the Endangered Species Protection Act 1992, and the Environment Protection (Impact of Proposals) Act 1974. The Act provides for the protection of the environment, especially those areas of the environment that are matters of national environmental significance. The matters of national environmental significance are:

• World heritage properties;

• Ramsar wetlands of international importance;

• nationally threatened species protected under international agreements;

• migratory species protected under international agreements;

• nuclear actions;

• the Commonwealth marine environment (generally outside 3 nautical miles from the coast); and

• any additional matter specified by regulation.

The Act also establishes the Australian Whale Sanctuary to complement Australia's efforts at the international level to secure a permanent international ban on commercial whaling. The Act enables Australia to give effect to obligations under the Convention for the Protection of World Cultural and Natural Heritage (ATS (1975) 47), the Convention on Biological Diversity (ATS (1993) 32), the Convention on Wetlands of International Importance especially as Waterfowl Habitat (ATS (1975) 48), the Convention on the Conservation of Migratory Species of Wild Animals (ATS (1991 32), the Agreement for the Protection of Migratory Birds and their Environment (ATS (1988) 22) and the Agreement for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment (ATS (1981) 6).

16. Fisheries Legislation Amendment Act (No 1) (No 143 of 1999)

The Fisheries Legislation Amendment Act (No 1) 1999 Act (‘the Act’) amends the Fisheries Management Act 1991 and the Fisheries Administration Act 1984 to introduce new measures for the sustainable management of fisheries in waters subject to Australian jurisdiction and on the high seas. Schedule 1 to the Act prescribes new powers, offences and sanctions to ensure compliance with fisheries management measures by Australian vessels operating on the high seas. Schedule 2 to the Act gives effect to obligations that Australia will be subject to under the Agreement for the Implementation of the Provisions of the United Nations Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (Select Documents 43 (1995) 17) once that treaty enters into force for Australia.

17. International Tax Agreements Amendment Act (No 149 of 1999)

The International Tax Agreements Amendment Act 1999 (‘the Act’) gives effect to Australia’s obligations under the following bilateral Double Taxation Agreements (the text of these Agreements had not been entered onto the Australian Treaty Series at the time of publishing):

• the Agreement between the Government of Australia and the Government of the Republic of South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income;

• a protocol amending the Agreement between the Government of Australia and the Government of Malaysia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income of 20 August 1980;

• the Agreement between the Government of Australia and the Government of the Slovak Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income; and

• Agreement between the Government of Australia and the Government of the Argentine Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income.

The Double Taxation Agreements aim to create a legal framework through which the tax administrations of Australia and the other countries can prevent international fiscal evasion and reduce or eliminate double taxation caused by the overlapping taxing jurisdictions by limiting taxing rights over various types of income flowing between the Australia and other countries.

18. Ozone Protection Amendment Act (No 36 of 1999)

The Ozone Protection Amendment Act 1999 (‘the Act’) amends the Ozone Protection Act 1989 (‘the Principal Act’) to enable Australia to give domestic effect to its obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (ATS (1989) 18). The Act modifies the operation of the licensing and quota systems established by the Principal Act, to allow more effective and targeted regulation of ozone depleting substances.

19. Quarantine Amendment Act (No 196 of 1999)

The Quarantine Amendment Act 1999 (‘the Act’) amends the Quarantine Act 1908 to address special quarantine and disease risks associated with overseas vessels and aircraft travelling in the Special Quarantine Zone and the Protected Zone established by the Treaty between Australia and the Independent State of Papua New Guinea Concerning Sovereignty and Maritime Boundaries in the Area between the two Countries, including the area known as the Torres Strait and Related Matters (‘the Treaty’) (ATS (1985) 4).

20. Social Security (International Agreements) Act ( No 173 of 1999)

The Social Security (International Agreements) Act 1999 (‘the Act’) provides that the provisions of scheduled bilateral international agreements between Australia and other countries on social security will prevail over the social security law. The Act accompanies the Social Security (Administration) Act 1999 (No 192 of 1999).

21. Textile, Clothing and Footwear Strategic Investment Program Act (No 182 of 1999)

The Textile, Clothing and Footwear Strategic Investment Program Act 1999 (‘the Act’) establishes the framework for the implementation of the Textile, Clothing and Footwear Strategic Investment Program which aims to foster the development of sustainable, internationally competitive textile, clothing and footwear industries in Australia during the transition to a proposed free trade environment under the Asia Pacific Economic Cooperation Agreement. The assistance measures prescribed under the Act are consistent with Australia’s obligations under the WTO Agreement on Subsidies and Countervailing Measures (ATS (1995) 8).

22. Tradex Scheme Act (No 185 of 1999);
Tradex Scheme Imposition (Customs) Act (No 186 of 1999);
Tradex Duty Imposition (Excise) Act (No 187 of 1999);
Tradex Duty Imposition (General)Act (No 188 of 1999)

The Tradex Scheme Act 1999 together with the associated listed Acts, provide the legislative basis for the Tradex scheme. The Tradex Scheme replaces the existing Tariff Export Concession (TEXCO) Scheme, and seeks to provide exporters with up-front exemption from Customs duties and sales tax on imported inputs and largely remove the need to drawback these charges after export. The international rules governing drawback are set out in the International Convention on the Simplification and Harmonisation of Customs Procedures (ATS (1975) 12).

23. Wildlife Protection (Regulation of Exports and Imports) Amendment Act (No 12 of 1999)

The Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1999 (‘the Act’) amends the Wildlife Protection (Regulation of Exports and Imports) Act 1982 to enable Australia to give effect to Resolutions passed by the Conference of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (‘CITES’) (ATS (1975) 12). The Resolutions require Parties to CITES to take measures to enable the prosecution of offenders conducting international trade in products that contain material or derivatives of CITES listed endangered species.

Commonwealth Regulations

1. Regulations made under the Air Navigation Act 1920

Air Navigation Regulations (Amendment) 1999 SR 1999 No 351

Subsection 26(1) of the Air Navigation Act 1920 provides that the Governor-General may make regulations in relation to air navigation with respect to trade and commerce with other countries and among the states, and for any matter which the Parliament has the power to make laws. The Air Navigation Regulations (Amendment) 1999 implement Resolution 1267 of the United Nations Security Council (1999) which imposed air sanctions against the Taliban for failing to meet the United Nations’ demands to stop providing sanctuary and training for international terrorists.

2. Regulations made under the Charter of the United Nations Act 1945

Charter of the United Nations (Sanctions — Angola Amendment Regulations 1999 (No 1) SR 1999 No 207

The Charter of the United Nations (Sanctions — Angola) Amendment Regulations 1999(‘the Regulations’) implement United Nations Security Resolution 1173 (1999), imposing sanctions to prevent the sale and supply of equipment used in mining or mining services, motorised vehicles, watercraft or spare parts for motorised vehicles or watercraft to areas of Angola to which State Administration has not been extended.

Charter of the United Nations (Sanctions — Sierra Leone Amendment Regulations 1999 (No 1) SR 1999 No 208

The Charter of the United Nations (Sanctions — Sierra Leone) Amendment Regulations 1999 (No 1) implement United Nations Security Resolution 1171 (1999) imposing sanctions to prevent the sale or supply of arms and related material of all types to Sierra Leone other than to the Government of Sierra Leone through named points of entry.

3. Regulations made under the Customs Act 1901

Customs Amendment Regulations 1999 (No 5) SR 1999 No 323

The Customs Amendment Regulations 1999 (No 5) (‘the Regulations’) insert a new regulation into the Customs Regulations 1926 which prescribes Commonwealth legislation in relation to which Customs officers will be able to exercise certain powers. The Border Protection Legislation Amendment Act 1999 extends the circumstances in which a commander on board a Commonwealth vessel may board another vessel for the purposes of acts other than the Customs Act. Whether a request can be made for the purposes of those other Acts depends on whether those Acts can be enforced in the relevant maritime zone in accordance with the United Nations Convention on the Law Of the Sea. Rather than set out each of the relevant Acts in the Customs Act, the relevant Acts are prescribed in the regulations.

Customs (Prohibited Exports) Amendment Regulations 1999 (No 1) SR 1999 No 9

Section 112 of the Customs Act 1901 allows the Governor-General to make regulations to prohibit the exportation of goods from Australia absolutely, or subject to certain conditions or restrictions. The Customs (Prohibited Exports) Amendment Regulations 1999 (No 1) give effect to Australia’s obligations under the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (‘the Waigani Convention’) (Select Documents on International Affairs 43 (1995) 13), by implementing controls on the exportation of radioactive wastes to the Pacific Island developing countries.

Customs (Prohibited Exports) Amendment Regulations 1999 (No 2) SR 1999 No 164

The Customs (Prohibited Exports) Amendment Regulations 1999 (No 2) give effect to United Nations Security Council Resolutions 1173 (1998) and 1171 (1998), by imposing sanctions against Uniaco Nacional para a Independencia total de Angola and relaxing sanctions against Sierra Leone.

Customs (Prohibited Exports) Amendment Regulations 1999 (No 4) SR 1999 No 216

The Customs (Prohibited Exports) Amendment Regulations 1999 (No 4) amend the Customs (Prohibited Exports) Regulations 1958 (‘the Regulations’) to introduce additional defence forces that are permitted to export certain goods, weapons and warfare items otherwise prohibited or restricted under the Regulations. This will allow any country participating in the multinational force established under the United Nations Security Council Resolution 1264 (1999) to export the specified goods from Australia.

Customs (Prohibited Exports) Amendment Regulations 1999 (No 5) SR 1999 No 248

The Customs (Prohibited Exports) Amendment Regulations 1999 (No 5) introduce controls on the exportation of 16 chemical substances which will enable Australia to meet its obligations under the 1971 Convention on Psychotropic Substances (ATS (1982) 14).

Customs (Prohibited Exports) Amendment Regulations 1999 (No 6) SR 1999 No 274

The Customs (Prohibited Exports) Amendment Regulations 1999 (No 6) amend regulation 13E of the Customs (Prohibited Exports) Amendment Regulations 1958 to facilitate the exportation of weapons, items of warfare, handguns, parts of handguns and ammunition owned by a defence force or a police force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) concerning East Timor.

Customs (Prohibited Imports) Amendment Regulations 1999 (No 1) SR 1999 No 165

Section 50 of the Customs Act 1901 allows the Governor-General to make regulations to prohibit the importation of goods from Australia absolutely, or subject to certain conditions or restrictions. The Customs (Prohibited Imports) Amendment Regulations 1999 (No 1) give effect to the United Nations Security Council Resolution 1173 (1998) by imposing sanctions against Uniaco Nacional para a Independencia total de Angola.

Customs (Prohibited Imports) Amendment Regulations 1999 (No 4) SR 1999 No 217

The Customs (Prohibited Imports) Amendment Regulations 1999 (No 4) amend the Customs (Prohibited Imports) Regulations 1956 (‘the principle Regulations’) to introduce additional defence forces that are permitted to import certain goods, weapons and warfare items, otherwise prohibited or restricted under the Prohibited Import Regulations. This will allow any country participating in the multinational force established under the United Nations Security Council Resolution 1264 (1999) to import the specified goods into Australia.

Customs (Prohibited Imports) Amendment Regulations 1999 (No 6) SR 1999 No 250

The Customs (Prohibited Imports) Amendment Regulations 1999 (No 6) introduce controls on the importation of 16 chemical substances which will enable Australia to meet its obligations under the 1971 Convention on Psychotropic Substances (ATS (1982) 14).

Customs (Prohibited Imports) Amendment Regulations 1999 (No 7) SR 1999 No 275

The Customs (Prohibited Imports) Amendment Regulations 1999 (No 7) allow the defence forces or police force of a country contributing to the multinational force established under United Nations Security Council Resolution 1272 (1999) East Timor to import weapons, items of warfare, flakjackets, handguns, handgun parts and ammunition otherwise prohibited by the Customs (Prohibited Imports) Amendment Regulations 1958.

Customs (Prohibited Imports) Amendment Regulations 1999 (No 8) SR 1999 No 332

The purpose of the Customs (Prohibited Imports) Amendment Regulations 1999 (No 8) is to prohibit the importation of goods the subject of a permanent ban under section 65C(7) of the Trade Practices Act 1974. The introduction of such import controls is necessary to maintain product safety controls under the Trans-Tasman Mutual Recognition Act 1997 (‘the TTMR’). The TTMR implements the Trans-Tasman Mutual Recognition Arrangement between Australian and New Zealand.

4. Regulations made under the Defence Force Act 1903

Defence Force Amendment Regulations 1999 (No 2) SR 1999 No 235

Part IXA of the Defence Act 1903 contains provisions dealing with issues involving the forces of other countries. These issues include powers of attachment and mutual command, and power in relation to illegal absentees. Subsection 116A(2) of the Act, which is contained in Part IXA, provides that a reference in that Part to a country declared by the regulations to be a country in relation to which that provision applies. Regulation 44 of the Defence Force Regulations 1952 lists a number of countries that are declared to be countries in relation to which each provision of Part IXA of the Act applies. The Defence Force Amendment Regulations 1999 (No 2) includes countries participating in the current multinational operations in East Timor. Only provisions in Division 1 (Interpretation) and 3 (Absentees without leave) of Part IXA of the Act apply to the new countries. Provisions in Divisions 2 (Attachment of Personnel and Mutual Powers of Command) and 4 (Miscellaneous) do not apply to the new countries.

5. Regulations made under the Defence (Visiting Forces) Act 1963

Defence (Visiting Forces) Amendment Regulations 1999 (No 1) SR 1999 No 218

Section 30 of the Defence (Visiting Forces) Act 1963 (‘the Act’) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Act allows the military authorities of visiting foreign forces to apply their military law to their personnel whilst they are in Australia, and provides for a corresponding suspension of Australian jurisdiction over such personnel in certain circumstances. The Act, applied to foreign countries by way of the Defence (Visiting Forces) Regulations 1963, is the enabling mechanism for the domestic implementation of various Status of Forces Agreements between Australia and other countries. The United Nations Security Council passed Resolution 1264 (1999) under which Australia was to lead a multinational peacekeeping force to East Timor, for that purpose the personnel of the participating nations gathered in Darwin. The Defence (Visiting Forces) Amendment Regulations 1999 (No 1) include Italy, France, Ireland, Brazil, Portugal, Pakistan, Zimbabwe, Egypt, Mozambique, Spain, Chile, Sweden, Norway, Sri Lanka, South Korea and Nepal in the list of countries whose defence personnel are covered by the arrangements.

Defence (Visiting Forces) Amendment Regulations 1999 (No 2) SR 1999 No 233

The Defence (Visiting Forces) Amendment Regulations 1999 (No 2) include Bangladesh, Kenya, South Africa, Argentina, China, the Czech Republic, Denmark, Germany, Hungary, Jordan, Poland and Uruguay in the list of countries whose defence personnel are covered by the arrangements.

6. Regulations made under the Designs Act 1906

Designs Amendment Regulations 1999 (No 2) SR 1999 No 348

The Designs Act 1906 (‘the Act’) enables Australia to give effect to its obligations under the Paris Convention for the Protection of Industrial Property (ATS (1972) 12), and provides in subsection 48(1) of the Act that the Governor-General may make regulations declaring that a country specified in the regulations is a Convention country for the purposes of the Act. The Designs Amendment Regulations 1999 (No 2) amend Schedule 2A to the Designs Regulations 1982 to include Oman as a Convention country for the purposes of the Act.

7. Regulations made under the Extradition Act 1988

Extradition (Bribery of Foreign Public Officials) Regulations 1999 SR 1999 No 284

The Extradition (Bribery of Foreign Public Officials) Regulations 1999 (‘the Regulations’) give domestic effect to the extradition provisions of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (‘the Convention’) (ATS (1999) 21). The Convention requires each party to make it an offence to offer, promise or give any undue pecuniary or other advantage to a foreign public official duties, in order to obtain or retain business or other improper advantage to a foreign official in order to obtain or retain business or other improper advantage in the conduct of international business. The Regulations provide that the bribery of a foreign public official is deemed to constitute an extradition offence under the Extradition Act 1988 in relation to the other Parties to the Convention.

Extradition (Republic of Estonia) Regulations 1999 SR 1999 No 32

The Extradition (Republic of Estonia) Regulations 1999 (‘the Regulations’) apply the Extradition Act 1988 as modified by Regulation 5, to Estonia on the non-treaty basis of reciprocity. This arrangement will operate consistently with modern extradition principles, including the ‘no evidence’ extradition procedure which avoids the requirement for presentation of evidence establishing a prima facie case against the person sought.

Extradition (Poland) Regulations 1999 SR 1999 No 203

Section 55 of the Extradition Act 1988 provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Section 11(a) of the Act allows regulations to be made to apply the Act to a specified extradition country to give effect to a bilateral extradition treaty between Australia and that country. The Extradition (Poland) Regulations 1999 (‘the Regulations’) give domestic effect to the Treaty between Australia and the Republic of Poland on Extradition (ATS (1999) 23). Prior to the commencement of the Regulations, extradition between Australia and Poland had been governed by a 1932 bilateral extradition treaty between Britain and Poland, which had been given effect in Australia by a British Order in Council.

8. Regulations made under the Family Law Act 1975

Family Law Amendment Regulations 1999 (No 1) SR 1999 No 39

Section 111 of the Family Law Act 1975 provides that the Family Law Regulations 1984 may make provision for the implementation of the Convention on the Recovery Abroad of Maintenance (ATS (1995) 12). The Family Law Amendment Regulations 1999 (No 1) (‘the Regulations’) update the list of reciprocating jurisdictions to include the Republic of Poland and the Canadian province of Nunavut for the purposes of Australia’s overseas maintenance arrangements. The Regulations also update the list of Convention countries in Schedule 4 to include Belarus and Estonia.

Family Law (Child Abduction Convention) Amendment Regulations 1999 (No 1) SR 1999 No 222

Subsection 125(1) of the Family Law Act 1975 empowers the Governor-General to make regulations for the purposes of the Act. Section 111B of the Act provides that the regulations may also make such provision as is necessary to enable Australia to perform its obligations under the Convention on the Civil Aspects of Child Abduction (ATS (1987) 2) (‘the Convention’). The Family Law (Child Abduction Convention) Amendment Regulations 1999 (No 1) amend Schedule 2 to the Family Law (Child Abduction Convention) Regulations 1986 to include Macau, Montserrat, Bermuda, the Republic of Paraguay and Belgium as Convention countries for the purposes of the Act.

Family Law (Hague Convention on Intercountry Adoption) Amendment Regulations 1999 (No 1) SR 1999 No 283

Sub-section 11C(1) of the Family Law Act 1975 provides that the Regulations may make such provision as is necessary to enable the performance of the obligations of Australia, or to obtain for Australia any advantage or benefit, under the Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (‘the Hague Convention’) (ATS (1998) 21). The Family Law (Hague Convention on Intercountry Adoption) Amendment Regulations 1999 (No 1) give domestic effect to Australia’s obligations under the Hague Convention by making interim provision to enable the Family Court to exercise jurisdiction under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 and by setting out procedures for making applications to the Court in relation to Hague Convention adoptions.

Family Law (Child Abduction Convention) Amendment Regulations 1999 (No 1) SR 1999 No 222

Subsection 125(1) of the Family Law Act 1975 (‘the Act’) empowers the Governor-General to make regulations for the purposes of the Act. Section 111B of the Act provides that the regulations may also make such provision as is necessary to enable Australia to perform its obligations under the Convention on the Civil Aspects of Child Abduction (ATS (1987) 2) (‘the Convention’). The Family Law (Child Abduction Convention) Amendment Regulations 1999 amend Schedule 2 to the Family Law (Child Abduction Convention) Regulations 1986 to include Macau, Montserrat, Bermuda, the Republic of Paraguay and Belgium as Convention countries for the purposes of the Act.

9. Regulations made under the Foreign Judgements Act 1991

Foreign Judgements (Amendment) Regulations 1999 SR 1999 No 84

Section 5(1) of the Foreign Judgements Act 1991 (‘the Act’) provides that the regulations may provide that Part 2 of the Act extends in relation to a country if the Governor-General is satisfied that substantial reciprocity of treatment will be assured in relation to the enforcement in that country of money judgements given in Australia. The Foreign Judgements (Amendment) Regulations 1999 replace references to ‘inferior courts’ and ‘Taiwan, China’ in the Foreign Judgments Regulations, with references to ‘superior courts’ and ‘Taiwan’ respectively.

Foreign Judgments (Amendment) Regulations 1999 (No 2) SR 1999 No 334

The Foreign Judgments (Amendment) Regulations 1999 (No 2) extend Part 2 of the Foreign Judgments Act 1991 in relation to specific superior courts of the Republic of Korea.

10. Regulations made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989

Hazardous Waste (Regulation of Exports and Imports) (Decision IV/9) Regulations 1999 SR 1999 No 102

The Hazardous Waste (Regulation of Exports and Imports) (Decision IV/9) Regulations 1999 implement Decision IV/9 of the fourth meeting of the Conference of Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (ATS (1992) 7), which amended Annex I and adopted new Annexes VIII and IX to the Convention (Select Documents on International Affairs 46 (1998) 9). The new Annexes provide greater clarity on the wastes regulated by the Convention.

Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1999 (No 1) SR 1999 No 6

The Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1996 prescribe fees payable for special permits required under the Hazardous Waste (Regulation of Imports) Act 1989 (‘the Act’). The Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1999 (No 1) (‘the Regulations’) prescribes fees to be charged for applications and notices required for proposed imports or transits of hazardous waste under the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (‘the Waigani Convention’) (Select Documents on International Affairs 43 (1995) 13).

Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Amendment Regulations 1999 (No 1) SR 1999 No 74

The Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Amendment Regulations 1999 (No 1) implement the Organisation for Economic Cooperation and Development (‘OECD’) control system (set out in OECD Decision C(92)39/FINAL) for transfrontier movements between OECD countries of hazardous wastes destined for recovery operations. The Regulations adopt the list of wastes regulated under the OECD decision.

Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 SR 1999 No 7

The Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 amend the Hazardous Wastes (Regulation of Exports and Imports) Act 1989 to give domestic effect to Australia’s obligations under the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (‘the Waigani Convention’) (Select Documents on International Affairs 43 (1995) 13). The Waigani Convention is intended to prohibit the import of hazardous waste from one country to another within the South Pacific region.

11. Regulations made under the Migration Act 1958

Migration Amendment Regulations 1999 (No 10) SR 1999 No 198

Section 504 of the Migration Act 1958 provides that the Governor-General may make regulations to prescribe all matter which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Migration Amendment Regulations 1999 (No 10) amend the Migration Regulations 1994 to offer temporary safe haven to people who are fleeing the crisis in East Timor who arrive in Australia lawfully.

Migration Amendment Regulations 1999 (No 12) SR 1999 No 243

The Migration Amendment Regulations 1999 (No 12) amend the Migration Regulations 1994 to set up new arrangements for dealing with people who arrive in Australia unlawfully. The new scheme excludes unauthorised arrivals from accessing protection visas which provide permanent residence, and limits those found to be owed protection obligations under the Refugees Convention to a three-year temporary protection visa, unless the Government decides to offer a short-term safe-haven visa.

Migration (Republic of Sudan — United Nations Security Council Resolution No 1054) Amendment Regulations 1999 (No 1) SR 1999 No 226

Section 504 of the Migration Act 1958 provides that the Governor-General may make regulations, not inconsistent with the Act, to prescribe all matters which are required or permitted to be prescribed by the Act or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Migration (Republic of Sudan — United Nations Security Council Resolution No 1054) Amendment Regulations 1999 implement the objectives of the United Nations Security Council Resolution No 1054 (1996) to restrict the grant of any visa to members and officials of the Government of Sudan and members of the Sudanese armed forces.

Migration (Sierra Leone — United Nations Security Council Resolution) Amendment Regulations 1999 (No 1) SR 1999 No 227

The Migration (Sierra Leone — United Nations Security Council Resolution) Amendment Regulations 1999 implement the objectives of United Nations Security Council Resolution No 1132 (1997) to prevent the grant of any visa to the members, or adult members of the family of members, of the military junta in Sierra Leone.

12. Regulations made under the Mutual Assistance in Criminal Matters Act 1987

Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999 SR 1999 No 33

Paragraph 7(2)(a) of the Mutual Assistance in Criminal Matters Act 1987 provides that regulations may provide that the Act applies to a specified foreign country subject to any mutual assistance treaty between that country and Australia. The Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999 enable Australia to give domestic effect to the Agreement between the Government of Australia and the Government of Hong Kong concerning Mutual Legal Assistance in Criminal Matters (ATS (not yet in force)).

Mutual Assistance in Criminal Matters (Republic of Indonesia) Regulations 1999 SR 1999 No 50

The Mutual Assistance in Criminal Matters (Republic of Indonesia) Regulations 1999 enable Australia to give domestic effect to the Treaty between Australia and the Republic of Indonesia concerning Mutual Legal Assistance in Criminal Matters (ATS (not yet in force)).

Mutual Assistance in Criminal Matters Act (United Kingdom) Regulations 1999 SR 1999 No 310

The Mutual Assistance in Criminal Matters Act (United Kingdom) Regulations 1999 enable Australia to give domestic effect to the 1997 Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the Investigation, Restraint and Confiscation of the Proceeds and Instruments of Crime (ATS (not yet in force)).

Mutual Assistance in Criminal Matters Act (United States of America) Regulations 1999 SR 1999 No 150

The Mutual Assistance in Criminal Matters Act (United States of America) Regulations 1999 enable Australia to give domestic effect to the Treaty between the Government of Australia and the Government of the United States of America on Mutual Assistance in Criminal Matters (ATS (1999) 19).

Mutual Assistance in Criminal Matters (Money-Laundering Convention) Amendment Regulations 1999 (No 1) SR 1999 No 10
Mutual Assistance in Criminal Matters (Money-Laundering Convention) Amendment Regulations 1999 (No 2) SR 1999 No 204

Paragraph 7(2)(b) of the Mutual Assistance in Criminal Matters Act 1987 (‘the Act’) provides that regulations may provide that the Act applies to a foreign country subject to any multilateral mutual assistance treaty (being a treaty to which that country is a party) that is referred to in the regulations. The Mutual Assistance in Criminal Matters (Money-Laundering Convention) Amendment Regulations 1997 (‘the principle Regulations’) give effect to the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime (ATS (1997) 21), in so far as it relates to mutual assistance in criminal matters. The Mutual Assistance in Criminal Matters (Money-Laundering Convention) Amendment Regulations 1999 (No 1) (‘the Regulations’) amend the principle Regulations by updating the list of Convention countries in Schedule 3 to include, Germany, Portugal and Latvia.

The Mutual Assistance in Criminal Matters (Money-Laundering Convention) Amendment Regulations 1999 (No 2) amend the principle Regulations by updating the list of Convention countries in Schedule 3 to include Greece.

13. Regulations made under the Nuclear Non-Proliferation (Safeguards) Act 1987

Nuclear Non-Proliferation (Safeguards) Amendment Regulations 1999 (No 1) SR 1999 No 278

The Nuclear Non-Proliferation (Safeguards) Act 1987 gives effect to certain of Australia’s obligations under international agreements relating to the peaceful use of nuclear materials and facilities, including the Safeguards Agreement between Australia and the International Atomic Energy Agency (‘IAEA’) pursuant to the Treaty on the Non-Proliferation of Nuclear Weapons (‘NPT#8217;), and various bilateral safeguards agreements. The Nuclear Non-Proliferation (Safeguards) Amendment Regulations 1999 (No 1) set the amount of charge payable by a producer of uranium ore concentrates as the lesser of 8.6456 cents per kilogram of uranium in the uranium ore concentrates produced by the producer in the previous financial year and $500,000.

14. Regulations made under the Patents Act 1990

Patents Amendment Regulations 1999 (No 4) SR 1999 (No 349)

Section 228 of the Patents Act 1900 (‘the Act’) allows the Governor-General to make regulations for the purposes of the Act, to prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the Act and for the conduct of any business relating to the Patent Office. The Patents Amendment Regulations 1999 (No 4) (‘the Regulations’) amend the Patents Regulations 1991 to implement decisions made at the Patents Cooperation Treaty Union Assembly at its 27th session in Geneva. The Regulations also adds Oman to the list of countries that are Party to the Paris Convention for the Protection of Industrial Property (ATS (1972) 12).

15. Regulations made under the Trade Marks Act 1995

Trade Marks Amendment Regulations 1999 (No 3) SR 1999 No 196

The Trade Marks Amendment Regulations 1999 (No 3) (‘the Regulations’) amend the Trade Marks Regulations 1995 to clarify the requirements with which an applicant must comply if he or she is claiming priority on the basis of another trade mark application filed in a country which is a member of the Paris Convention for the Protection of Industrial Property (‘the Paris Convention’) (ATS (1972) 12). The Regulations ensure that the Trade Mark Regulations 1995 are consistent with the requirements of the Paris Convention with regard to claiming a right of priority.

Trade Marks Amendment Regulations 1999 (No 4) SR 1999 No 350

Subsection 225(1) of the Trade Marks Act 1995 provides that the regulations may declare a foreign country to be a Convention country for the purposes of the Act. The Trade Marks Amendment Regulations 1999 (No 4) amend the Trade Marks Regulations 1995 to update Schedule 10 to include Oman as a Party to the Paris Convention for the Protection of Industrial Property (ATS (1972) 12).

16. Regulations made under the Trans-Tasman Mutual Recognition Act 1997

Trans-Tasman Mutual Recognition Regulations 1999 SR 1999 No 60

The Trans-Tasman Mutual Recognition Arrangement (‘TTMRA’) is a non-treaty agreement between the Commonwealth, state and territory governments of Australia and the Government of New Zealand. The purpose of the TTMRA is to give effect to mutual recognition principles relating to the sale of goods and the registration of occupations. The Trans-Tasman Mutual Recognition Regulations 1999 extend the exemption period for certain electrical equipment previously exempted under section 46 of the Trans-Tasman Mutual Recognition Act 1997 (‘the Act’), and for goods covered by Schedule 3 of the Act which relates to Special Exemptions.

17. Regulations made under the Wildlife Protection (Regulation of Exports and Imports) Act 1982

Wildlife Protection (Regulation of Exports and Imports) Amendment Regulations 1999 (No 1) SR 1999 No 28

The Wildlife Protection (Regulation of Exports and Imports) Amendment Regulations 1999 (No 1) amend the Wildlife Protection (Regulation of Export and Import) Regulations 1984 to introduce a new Authority fee for the export of kangaroo products and allow $1 permits to be issued for all products that are derived from approved captive breeding, artificial propagation or harvesting operations for species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (ATS (1975) 12).

STATUTES

Agricultural, Fisheries and Forestry Legislation Amendment Act (No 1) 1999 (Cth) 1

Agricultural, Fisheries and Forestry Legislation Amendment Act 1999 (Cth) 1

Air Navigation Act 1920 (Cth) 7

Air Navigation Regulations (Amendment) 1999 (Cth) 7

Border Protection Legislation Amendment Act 1999 (Cth) 2, 8

Broadcasting Services Amendment Act 1999 (Cth) 2

Charter of the United Nations (Sanctions — Angola) Amendment Regulations 1999 (Cth) 8

Charter of the United Nations (Sanctions — Sierra Leone) Amendment Regulations 1999 (No 1) (Cth) 8

Consular Privileges and Immunities Act 1972 (Cth) 1

Copyright Act 1968 (Cth) 2

Copyright Amendment (Computer Programs) Act 1999 (Cth) 2

Criminal Code Act 1995 (Cth) 3

Criminal Code Amendment (Bribery of Foreign Public Officials) Act 1999 (Cth) 3

Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 (Cth) 3

Customs (Anti-Dumping Amendments) Act 1999 (Cth) 3

Customs (Prohibited Exports) Amendment Regulations 1999 (Cth) 8, 9

Customs (Prohibited Imports) Amendment Regulations 1999 (Cth) 9, 10

Customs Act 1901 (Cth) 2, 3, 8, 9

Customs Amendment (ACIS Implementation) Act 1999 (Cth) 4

Customs Amendment Regulations 1999 (Cth) 8

Customs Tariff Amendment Act (Cth) 4

Damage by Aircraft Act 1999 (Cth) 4

Defence (Visiting Forces) Act 1963 (Cth) 11

Defence (Visiting Forces) Amendment Regulations 1999 (Cth) 11

Defence Act 1903 (Cth) 10

Defence Force Amendment Regulations 1999 (Cth) 10

Designs Act 1906 (Cth) 11

Designs Amendment Regulations 1999 (No 2) (Cth) 11

Diplomatic Privileges and Immunities Act 1967 (Cth) 1

Electronic Transactions Act 1999 (Cth) 4

Endangered Species Protection Act 1992 (Cth) 4

Environment Protection (Impact of Proposals) Act 1974 (Cth) 4

Environment Protection and Biodiversity Conservation Act 1999 (Cth) 4

Extradition (Bribery of Foreign Public Officials) Regulations 1999 (Cth) 12

Extradition (Poland) Regulations 1999 (Cth) 12

Extradition (Republic of Estonia) Regulations 1999 (Cth) 12

Family Law (Child Abduction Convention) Amendment Regulations (Cth) 13

Family Law (Hague Convention on Intercountry Adoption) Amendment Regulations 1999 (Cth) 13

Family Law Act 1975 (Cth) 12, 13

Family Law Amendment Regulations 1999 (Cth) 12

Fisheries Administration Act 1984 (Cth) 5

Fisheries Legislation Amendment Act (No 1) 1999 Act (Cth) 5

Foreign Judgements (Amendment) Regulations 1999 (Cth) 13, 14

Foreign Judgements Act 1991 (Cth) 13

Hazardous Waste (Regulation of Exports and Imports) (Decision IV/9) Regulations 1999 (Cth) 14

Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1999 (Cth) 14

Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cth) 14

International Organisations (Privileges and Immunities) Act 1963 (Cth) 2

International Tax Agreements Amendment Act 1999 (Cth) 5

Migration (Republic of Sudan — United Nations Security Council Resolution No 1054) Amendment Regulations 1999 (Cth) 15

Migration (Sierra Leone — United Nations Security Council Resolution) Amendment Regulations 1999 (Cth) 16

Migration Act 1958 (Cth) 2, 15

Migration Amendment Regulations 1999 (Cth) 15

Migration Regulations 1994 (Cth) 15

Mutual Assistance in Criminal Matters (Hong Kong) Regulations 1999 (Cth) 16

Mutual Assistance in Criminal Matters (Money-Laundering Convention) Amendment Regulations 1999 (Cth) 17

Mutual Assistance in Criminal Matters (Republic of Indonesia) Regulations 1999 (Cth) 16

Mutual Assistance in Criminal Matters Act (United Kingdom) Regulations 1999 (Cth) 16

Mutual Assistance in Criminal Matters Act (United States of America) Regulations 1999 (Cth) 16

Mutual Assistance in Criminal Matters Act 1987 (Cth) 16, 17

National Parks and Wildlife Act 1975 (Cth) 4

Nuclear Non-Proliferation (Safeguards) Act 1987 (Cth) 17

Nuclear Non-Proliferation (Safeguards) Amendment Regulations 1999 (Cth) 17

Overseas Missions (Privileges and Immunities) Act 1995 (Cth) 2

Ozone Protection Act 1989 (Cth) 6

Patents Act 1900 (Cth) 17

Patents Amendment Regulations 1999 (No 4) SR 1999 (Cth) 17

Quarantine Amendment Act 1999 (Cth) 6

Social Security (Administration) Act 1999 (Cth) 6

Social Security (International Agreements) Act 1999 (Cth) 6

Textile, Clothing and Footwear Strategic Investment Program Act 1999 (Cth) 6

Trade Marks Act 1995 (Cth) 18

Trade Marks Amendment Regulations 1999 (Cth) 18

Trade Marks Regulations 1995 (Cth) 18

Tradex Scheme Act 1999 (Cth) 7

Trans-Tasman Mutual Recognition Act 1997 (Cth) 10, 18

Whale Protection Act 1980 (Cth) 4

Wildlife Protection (Regulation of Exports and Imports) Act 1982 (Cth) 7, 18

Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1999 (Cth) 7

OTHER AUTHORITIES

Agreement between Australia and the European Community on Trade in Wine 1994 1

Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of Migratory Birds and their Environment 1986 5

Australia New Zealand Closer Economic Relations Trade Agreement 1983 2

Australia New Zealand Closer Economic Relations: Trade Agreement 1983 2

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1989 14

Berne Convention for the Protection of Literary and Artistic Works 1896 3

Convention for the Protection of World Cultural and Natural Heritage 1972 5

Convention on Biological Diversity 1992 5

Convention on Damage caused by Foreign Aircraft to Third Parties on the Surface 1952 4

Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 7, 18

Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime 1990 17

Convention on Psychotropic Substances 1971 9, 10

Convention on the Civil Aspects of Child Abduction 1980 13

Convention on the Conservation of Migratory Species of Wild Animals 1979 5

Convention on the Law of the Sea 1982 2, 3

Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption 1993 13

Convention on the Recovery Abroad of Maintenance 1956 12

Convention on Wetlands of International Importance especially as Waterfowl Habitat 1971 5

Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region 1995 8, 14, 15

International Convention for the Protection of New Varieties of Plants 1961 1

International Convention on the Simplification and Harmonisation of Customs Procedures 1973 7

Marrakesh Agreement Establishing the World Trade Organisation 1994 3

Paris Convention for the Protection of Industrial Property 1883 11, 18

Paris Convention on Third Party Liability in the Field of Nuclear Energy 1960 11, 18

Treaty on the Non-Proliferation of Nuclear Weapons 1968 17

United Nations Charter 1945 8

Universal Copyright Convention 1952 3

Vienna Convention on Consular Relations 1963 2

Vienna Convention on Diplomatic Relations 1961 2

World Trade Organisation (WTO) Agreement on Subsidies and Countervailing Measures 7

World Trade Organisation (WTO) Agreement Trade-Related Aspects of Intellectual Property Rights 1994 1, 3


[∗] Office of International Law, Attorney-General’s Department, Canberra. The Authors would like to thank Joshua Brien and Lisa Taylor for their assistance in preparing this material.


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