House of Representatives

Second Reading Speech

Senator PARER (Minister for Resources and Energy)

I table revise explanatory memoranda relating to the bills and move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard

Leave granted.

The speeches read as follows -

FOREIGN AFFAIRS AND TRADE LEGISLATION AMENDMENT BILL 1997

The Foreign Affairs and Trade Legislation Amendment Bill 1997 is an omnibus bill which amends five acts administered by this portfolio:

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The International Organizations (Privileges and Immunities) Act 1963 (International Organisations Act)

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The Chemical Weapons (Prohibition) Act 1994 (Chemical Weapons Act) and the Nuclear Non-Proliferation (Safeguards) Act 1987 (Nuclear Safeguards Act); and

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The Consular Fees Act 1955 and the Passports Act 1938.

The bill addresses a diverse range of issues, mainly of a technical nature, including meeting formal legal obligations in respect of international organisations, strengthening international nuclear safeguards standards and false passport applications.

International Organisations Act

The bulk of the amendments included in this omnibus bill relate to the International Organisations Act. These amendments update a nearly 35 year old act. They are necessary to keep pace with the increasing number and diversity of international organisations now being established.

An important amendment will allow for the simultaneous entry into force of both the treaty establishing an international organisation and the regulations relating to that organisation. Otherwise Australia could find itself in technical breach of treaty obligations if there were to be a delay in implementing associated regulations. This amendment will be particularly useful when the treaty is unlikely to enter into force until some years after agreement has been reached to establish the organisation.

Another of the more important moves in this bill is to tighten the definition of an international organisation which can be eligible for privileges and immunities.

Australia only grants privileges and immunities which are required under our international obligations and commitments. When negotiating privileges and immunities as part of international agreements, this Government takes the line that specific items should be included only where there is a demonstrated functional need. We have to be satisfied that the specific privilege or immunity is necessary for the effective operation of the organisation.

Disarmament Issues - Chemical Weapons and Nuclear Safeguards Acts

This bill also amends an oversight in the drafting of the original Chemical Weapons Act.

It is highly unlikely that an inspection team will ever have to come to Australia to investigate another country's allegation that Australia was in breach of the Convention. Nevertheless, should this occur, representatives of the country making such an allegation will now be extended standard diplomatic privileges and immunities, along with other members of the inspection team.

Australia is committed to the international disarmament process and enjoys a well-deserved reputation as a leading player internationally on arms control issues. That reputation has been enhanced by this Government's successful efforts last year to help bring to conclusion the Comprehensive Test Ban Treaty - a goal sought after by the international community for over 20 years - as well as our work over the last year in leading the international drive to gather sufficient ratifications to bring the Chemical Weapons Convention into force.

The appointment in May of Dr John Gee, an officer of the Department, as Deputy Director-General of the newly established Organisation for the Prohibition of Chemical Weapons reflects wide recognition among parties to the Convention of Dr Gee's professional background and experience. Moreover, this appointment reinforces Australia's prominent position in this sphere of disarmament activity.

Similarly, Australia's reputation is further bolstered by the appointment of Richard Butler to the Chair of the United Nations Special Commission (UNSCOM), the body charged with ensuring the discovery and destruction of Iraq's weapons of mass destruction.

This Government's commitment to the cause of disarmament is evident in Australia's substantial contribution to the international effort to address the problems caused by the misuse of anti-personnel landmines.

In April last year the Minister for Defence and the Minister for Foreign Affairs announced Australia's support for a global ban on the production, stockpiling, use and transfer of these weapons.

In international forums the Government has continued to add its weight to the growing international movement in favour of eliminating anti-personnel landmines as a weapon of war.

After Australia co-sponsored a pro-ban resolution in the UN General Assembly in December last year, the Minister for Foreign Affairs addressed the Conference on Disarmament in January this year, calling for work to begin on such a treaty.

In addition, Australia has participated fully in the international meetings and negotiations held in 1997 under the auspices of the "Ottawa Process" - a Canadian-sponsored initiative which has finalised, in an ad hoc forum of countries currently committed to a ban on anti-personnel landmines, a ban treaty which will be opened for signature in Ottawa in December 1997. The question of Australia's signing the Ottawa Treaty will be considered by Cabinet in the coming weeks.

Australia does not produce and will not export landmines. The existing stocks of landmines are used only for training and research purposes. This is important as it allows us to assist, through mine clearance programs, countries such as Cambodia.

Mindful of the terrible human suffering caused by landmines, this Government has significantly increased funding for international mine-clearance and assistance to victims as well as working with other countries to improve de-mining technology. The Government has committed over $18 million since May 1996.

The Government has also made major efforts to make headway in reducing the proliferation of weapons of mass destruction. The Government took the courageous step in September last year of salvaging the Comprehensive Nuclear Test Ban Treaty from the Conference on Disarmament and submitting it to the UN General Assembly where it was overwhelmingly endorsed.

The Government has also promoted the Report of the Canberra Commission on the Elimination of Nuclear Weapons. The Minister for Foreign Affairs presented the Report personally to the UN General Assembly in New York last September and also to the Conference on Disarmament this year, urging its careful consideration by all governments.

It is notable that the Commission's recommendations relating to the removal and destruction of nuclear warheads from delivery vehicles, and transparency in accounting for the resultant fissile material, appear already to have been taken up. This was evident in the START III parameters agreed recently in Helsinki between Presidents Clinton and Yeltsin.

Indeed, one of the major amendments in this bill is to the Nuclear Safeguards Act. This will implement the recently negotiated International Atomic Energy Agency - or IAEA-Protocol to strengthen safeguards. This Protocol was developed as a comprehensive global response to some limitations with the IAEA safeguards system which were identified following investigation of Iraq's clandestine nuclear weapons program.

The new international system will supplement and extend the IAEA's existing safeguards agreements to increase assurances that states subject to comprehensive safeguards have declared all safeguardable nuclear activities.

Australia signed the Protocol in Vienna on 23 September 1997 and was the first country to do so. The Protocol will enter into force for Australia when the Government notifies the IAEA that Australia's statutory and constitutional requirements for entry into force have been met.

In Australia, Lucas Heights will be subjected to increased international inspection. In addition, uranium mines and the area at Maralinga, will possibly be subjected to international inspections. The Australian Safeguards Office has consulted with the mine operators and with the private company undertaking research and development at Lucas Heights. They have raised no objections to this stricter regime.

Consular Fees Act 1955

The amendments to the Consular Fees Act 1955 expand the categories of persons who can be authorised to perform consular acts and charge the prescribed fees to include locally engaged staff (LES) overseas.

The consular functions performed by Australian missions overseas include a wide range of legal processes for the proper authentication of documents, such as administering an oath, receiving a declaration or affirmation, witnessing a signature, signing and affixing seals, and making and certifying copies.

The Consular Fees Act 1955 provides for the charging of fees for consular acts performed by Australian diplomatic and consular officers and certain other officers of the Commonwealth.

LES are employees, not officers, of the Commonwealth Departments or agencies for the purposes of relevant legislation.

However, there is no prohibition in international law or practice (in particular, the 1963 Vienna Convention on Consular Relations) on LES performing these functions as part of the staff of a mission.

The amendment will allow a fee to be charged for these functions when performed by authorised employees.

The amendment is expected to result in improved and more flexible delivery of consular functions overseas which should reduce the cost to the Government of providing these services.

The amendment is consistent with Recommendation 5 of the June 1997 Senate Foreign Affairs, Defence and Trade References Committee Report on Consular Services, Helping Australians Abroad: A Review of the Australian Government's Consular Services: "that the Department of Foreign Affairs and Trade examine options to enable locally engaged staff in Australian posts overseas to undertake notarial acts".

The Government plans to provide its formal response to the Senate Report in the near future.

Indeed, the Government gave a commitment at the last election to improving Australia's consular services in general. The Minister for Foreign Affairs has taken a personal interest in many consular cases.

In particular, the Government will continue the process of developing our capacity to respond to consular crises, epitomized in the establishment of the Consular Response Group which was set up just over a year ago.

New technology is being applied to the consular area of DFAT and a new 24 hour, Canberra-based duty officer consular service is currently being tested.

The system of honorary consuls will continue to be expanded and better training for our consular staff will be provided.

The emphasis on improved information for the public has already produced a Consular Information Service in DFAT which will provide up-to-date information to travellers. Our flow of information to the public in other ways, including through a continuing stress on timely and informative consular travel advices will continue to improve.

A critical element in this is ensuring that all assistance is given to families in Australia of consular clients, supporting them in what is often a time of anguish and anxiety.

The Passports Act

The last substantive amendment covered by this bill relates to the Passports Act 1938. This amendment tightens the provision relating to the offence of making false statements in relation to passport applications. It adds the concept of recklessness as a mental element in the offence of making a false statement in a passport application or in support of an application.

The issuing of Passports is of course an important service provided to the public by the Department of Foreign Affairs and Trade.

I commend the bill to the Senate.