WorksheetsIncorporating treaty obligations into domestic law
Total questions: 11
Worksheet time: 6mins
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
On 13 October 1966, Australia signed the International Convention on the Elimination of All Forms of Racial Discrimination. Federal Parliament passed the Racial Discrimination Act in 1975. In what year did Australia's treaty obligations become law in Australia?
1966
1975
