Incorporating treaty obligations into domestic law

As soon as Australia signs a treaty it becomes part of Australian law

• True

• False

Power and responsibility to sign a treaty (under s. 61 of the Constitution) lies with:

• The Executive

• Parliament

• The Courts

Power and responsibility to enact legislation giving effect to treaty obligations lies with:

• The Executive

• Parliament

• The Courts

Ratification is:

• the formal act of signing a treaty

• the Governor-General adding Royal Assent to a treaty

• the process of full adoption of treaty obligations by passing mirroring legislation through Parliament

The Human Rights (Parliamentary Scrutiny) Act 2011 outlines and mandates which two processes for proposed legislation in Federal Parliament (tick all that apply):

• A statement of compatibility must accompany all new Bills to assess whether the proposed law is compatible with human rights treaties Australia has ratified.

• Parliament must vote on whether the proposed law is compatible with human rights before passing the law

• Establishment of a Parliamentary Joint Committee on Human Rights which is tasked with examining laws to see if they are compatible with human rights and consider human rights issues referred by the Attorney General

In 2014, the Social Services and Other Legislation Amendment (2014 Budget Measures No 1) Bill 2014 was before Federal Parliament. The majority of the Parliamentary Joint Committee on Human Rights tabled a report that the proposed laws had not been adequately justified as a proportionate measure by the Minister for Social Services, and may therefore have been incompatible with the rights to equality and non-discrimination. This is an example of the Human Rights (Parliamentary Scrutiny) Act 2011 at work.

• True

• False

Accession is:

• when a nation-state enters into a treaty that has already been formed after it has been negotiated and signed by other states

• the process full adoption of the obligations imposed by a treaty by the passing of legislation in Parliament mirroring the treaty obligations

• when a nation-state does not wish to be bound by every provision in a treaty so ratifies only the parts of the treaty by which it does agree to be bound

A reservation is:

• when a nation-state enters into a treaty that has already been formed after it has been negotiated and signed by other states

• the process full adoption of the obligations imposed by a treaty by the passing of legislation in Parliament mirroring the treaty obligations

• when a nation-state does not wish to be bound by every provision in a treaty so ratifies only the parts of the treaty by which it does agree to be bound

The first step in incorporating treaty obligations into Australian law is:

• Signing - the Executive signs a treaty on behalf of Australia agreeing to the terms of the treaty

• Ratification - Parliament passes legislation giving effect to the treaty obligations

The 2nd step in incorporating treaty obligations into Australian law is:

• Signing - the Executive signs a treaty on behalf of Australia agreeing to the terms of the treaty

• Ratification - Parliament passes legislation giving effect to the treaty obligations