Australie

Declarations made upon ratification:

“DECLARING that, pursuant to Articles 10 and 70 of the Agreement, Australia makes an exception that the application of the provisions of the Agreement does not extend to the utilization of marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected or generated before the entry into force of the Agreement for Australia;
DECLARING that, pursuant to Article 71 of the Agreement, Australia attaches great importance to the general obligation to interpret and apply the Agreement in a manner that promotes coherence and coordination with, and does not undermine, relevant instruments, frameworks and global, regional, subregional and sectoral bodies. In this context, Australia notes that the Antarctic Treaty System provides a comprehensive framework for the international management of the Antarctic that addresses the legal, political and environmental considerations unique to that region, including in relation to the Agreement’s objective to ensure the conservation and sustainable use of marine biological diversity;”

Declaration:

“In accordance with Article 24 of the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Australia declares the postponement of the implementation of Australia's obligations under Part IV of the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for three years.”

Declaration:

"In accordance with article 25 (4) [of the Convention], the Government of Australia declares that any amendment to Annex A, B or C shall enter into force only upon the deposit of Australia's instrument of ratification with respect thereto."

Declaration made upon signature and confirmed upon ratification:

"The Government of Australia hereby declares that nothing in the Protocol shall be seen to be imposing obligations on Australia to admit or retain within its borders persons in respect of whom Australia would not otherwise have an obligation to admit or retain within its borders."

Declaration:

"The Australian Defence Force (ADF) shall continue to observe a minimum voluntary recruitment age of 17 years.
Pursuant to Article 3 (5) of the Optional Protocol, age limitations do not apply to military schools. A list of authorised establishments, both military and civilian (including those used to train apprentices), to which this age exemption applies is held by the Service Director-General Career Management. Age limitations also do not apply to cadet schemes, members of which are not recruited into, and are therefore not members of, the ADF.
Persons wishing to join the ADF must present an original certified copy of their birth certificate to their recruiting officer. Before their enlistment or appointment, all ADF applicants who are less than 18 years of age must present the written informed consent of their parents or guardians.
All applicants wishing to join the ADF must be fully informed of the nature of their future duties and responsibilities. Recruiting officers must be satisfied that an application for membership by a person less than 18 years of age is made on a genuinely voluntary basis."

Declaration:

"The Government of Australia, having considered the Statute, now hereby ratifies the same, for and on behalf of Australia, with the following declaration, the terms of which have full effect in Australian law, and which is not a reservation:
Australia notes that a case will be inadmissible before the International Criminal Court (the Court) where it is being investigated or prosecuted by a State. Australia reaffirms the primacy of its criminal jurisdiction in relation to crimes within the jurisdiction of the Court. To enable Australia to exercise its jurisdiction effectively, and fully adhering to its obligations under the Statute of the Court, no person will be surrendered to the Court by Australia until it has had the full opportunity to investigate or prosecute any alleged crimes. For this purpose, the procedure under Australian law implementing the Statute of the Court provides that no person can be surrendered to the Court unless the Australian Attorney-General issues a certificate allowing surrender. Australian law also provides that no person can be arrested pursuant to an arrest warrant issued by the Court without a certificate from the Attorney-General.
Australia further declares its understanding that the offences in Article 6, 7 and 8 will be interpreted and applied in a way that accords with the way they are implemented in Australian domestic law."

Declaration:

“The Government of Australia declares that it is eligible to apply the second sentence of Article 3.7 of the Protocol, using the Revised 1996 IPCC methodologies, as stipulated in Article 5.2 of the Protocol and paragraph 5 (b) of the Annex to Decision 13/CMP.1.”

Declarations:

“It is the understanding of Australia that, in the context of operations, exercises or other military activity authorised by the United Nations or otherwise conducted in accordance with international law, the participation by the Australian Defence Force, or individual Australian citizens or residents, in such operations, exercises or other military activity conducted in combination with the armed forces of States not party to the Convention which engage in activity prohibited under the Convention would not, by itself, be considered to be in violation of the Convention.
It is the understanding of Australia that, in relation to Article 1(a), the term "use" means the actual physical emplacement of anti-personnel mines and does not include receiving an indirect or incidental benefit from anti-personnel mines laid by another State or person. In Article 1(c) Australia will interpret the word "assist" to mean the actual and direct physical participation in any activity prohibited by the Convention but does not include permissible indirect support such as the provision of security for the personnel of a State not party to the Convention engaging in such activities, "encourage" to mean the actual request for the commission of any activity prohibited by the Convention, and "induce" to mean the active engagement in the offering of threats or incentives to obtain the commission of any activity prohibited by the Convention.
It is the understanding of Australia that in relation to Article 2(1), the definition of "anti-personnel mines" does not include command detonated munitions.
In relation to Articles 4, 5(1) and (2), and 7(1)(b) and (c), it is the understanding of Australia that the phrase "jurisdiction or control" is intended to mean within the sovereign territory of a State Party or over which it exercises legal responsibility by virtue of a United Nations mandate or arrangement with another State and the ownership or physical possession of a-personnel mines, but does not include the temporary occupation of, or presence on, foreign territory where anti-personnel mines have been laid by other States or persons.”

Reservation:

"Australia accepts the general principles of article 37. In relation to the second sentence of paragraph (c), the obligation to separate children from adults in prison is accepted only to the extent that such imprisonment is considered by the responsible authorities to be feasible and consistent with the obligation that children be able to maintain contact with their families, having regard to the geography and demography of Australia. Australia, therefore, ratifies the Convention to the extent that it is unable to comply with the obligation imposed by article 37 (c)."

22 March 2002

Declaration under articles 287 and 298:

"The Government of Australia declares, under paragraph 1 of article 287 of the United Nations Convention on the Law of the Sea done at Montego Bay on the tenth day of December one thousand nine hundred and eighty-two that it chooses the following means for the settlement of disputes concerning the interpretation or application of the Convention, without specifying that one has precedence over the other:
(a) the International Tribunal for the Law of the Sea established in accordance with Annex VI of the Convention; and
(b) the International Court of Justice.
The Government of Australia further declares, under paragraph 1 (a) of article 298 of the United Nations Convention on the Law of the Sea done at Montego Bay on the tenth day of December one thousand nine hundred and eighty-two, that it does not accept any of the procedures provided for in section 2 of Part XV (including the procedures referred to in paragraphs (a) and (b) of this declaration) with respect to disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations as well as those involving historic bays or titles.
These declarations by the Government of Australia are effective immediately."

Reservations:

"The Government of Australia states that maternity leave with pay is provided in respect of most women employed by the Commonwealth Government and the Governments of New South Wales and Victoria. Unpaid maternity leave is provided in respect of all other women employed in the State of New South Wales and elsewhere to women employed under Federal and some State industrial awards. Social Security benefits subject to income tests are available to women who are sole parents.
"The Government of Australia advises that it is not at present in a position to take the measures required by article 11 (2) to introduce maternity leave with pay or with comparable social benefits throughout Australia.
.....
Declaration:

"Australia has a Federal Constitutional System in which Legislative, Executive and Judicial Powers are shared or distributed between the Commonwealth and the Constituent States. The implementation of the Treaty throughout Australia will be effected by the Commonwealth State and Territory Authorities having regard to their respective constitutional powers and arrangements concerning their exercise."

Declaration:

"Pursuant to paragraph 16 (a), Australia declares that it will not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the Protocol."

"The Convention shall not apply to the non-metropolitan territories for the international relations of which Australia is responsible."

Reservations:

Article 10
"In relation to paragraph 2 (a) the principle of segregation is accepted as an objective to be achieved progressively. In relation to paragraph 2 (b) and 3 (second sentence) the obligation to segregate is accepted only to the extent that such segregation is considered by the responsible authorities to be beneficial to the juveniles or adults concerned".
Article 14
"Australia makes the reservation that the provision of compensation for miscarriage of justice in the circumstances contemplated in paragraph 6 of article 14 may be by administrative procedures rather than pursuant to specific legal provision."
Article 20
"Australia interprets the rights provided for by articles 19, 21 and 22 as consistent with article 20; accordingly, the Common wealth and the constituent States, having legislated with respect to the subject matter of the article in matters of practical concern in the interest of public order ( ordre public ), the right is reserved not to introduce any further legislative provision on these matters."
Declaration:

"Australia has a federal constitutional system in which legislative, executive and judicial powers are shared or distributed between the Commonwealth and the constituent States. The implementation of the treaty throughout Australia will be effected by the Commonwealth, State and Territory authorities having regard to their respective constitutional powers and arrangements concerning their exercise."

"The Government of Australia ... declares that Australia is not at present in a position specifically to treat as offences all the matters covered by article 4 (a) of the Convention. Acts of the kind there mentioned are punishable only to the extent provided by the existing criminal law dealing with such matters as the maintenance of public order, public mischief, assault, riot, criminal libel, conspiracy and attempts. It is the intention of the Australian Government, at the first suitable moment, to seek from Parliament legislation specifically implementing the terms of article 4 (a)."

"The Australian Government further declares in accordance with paragraph 2 of article 56 of the said Agreement that it retains the right to levy taxation in respect of salary and emoluments paid by the Bank for services rendered in Australia to a Director, alternate, officer or employee of the Bank, including an expert performing a mission for the Bank, being a resident of Australia within the meaning of the Australian legislation relating to income tax unless the person is not a citizen of Australia and came to Australia solely for the purpose of performing duties of the office in the Bank held by him.
[In connection with the above declaration the Government of Australia further specified that "although paragraph 2 of article 56 refers to 'citizens or nationals'and not to residents, it is understood that the persons intended to be covered by the word `resident' in the declaration include, in addition to citizens, per sons already living in Australia at the time of recruitment as po- tential Australian citizens who, in fact, under Australian law have duties of a similar character to citizens. They may, therefore, be considered as within the category of persons envisaged by the words `citizens or nationals'.]
"The Australian Government is unable to accord to the Bank, in respect of any mailbags which the Bank might wish to despatch through postal channels in Australia, the reduced rates which the Australian Government accords, on the basis of reciprocity, to certain other Governments in respect of mailbags despatched through postal channels by their diplomatic missions in Australia.
"The Australian Government is, insofar as the article applies to priorities, rates and taxes on telecommunications, unable fully to comply with article 54 of the Agreement which requires that the Bank in respect of its official communications shall be accorded by each member treatment not less favourable than that accorded to the official communications of any other member, until such time as all other Governments have decided to co-operate in granting this treatment to international organiz- ations. This reservation shall not affect the right of the Bank to lodge press telegrams at prescribed press rates to the press and radio in Australia.
"The Australian Government understands that nothing in the said Agreement affects the application of any Australian law relating to quarantine."

Declarations:

"Australia, pursuant to article 5 (3), will not apply the criterion of publication;
Australia, pursuant to article 6 (2), will protect broadcasts only if the headquarters of the broadcasting organisation is situ- ated in another Contracting State and the broadcast was trans- mitted from a transmitter situated in the same Contracting State;
Australia, pursuant to article 16 (1) (a), will not, as regards article 12, apply the provision of that article; and
Australia, pursuant to article 16 (1) (b), will not, as regards article 13, apply item (d) of that article."

14 March 1968

"The Government of the Commonwealth of Australia does not regard the statements concerning paragraph (1) of Article 11 made by the Byelorussian Soviet Socialist Republic, the Ukrainian Soviet Socialist Republic, the Union of Soviet Socialist Republics and the Mongolian People's Republic as modifying any rights or obligations under that paragraph.
"The Government of the Commonwealth of Australia declares that it does not recognize as valid the reservations to paragraph 2, Article 37, of the Convention made by the United Arab Republic and by Cambodia."
20 November 1970

"The Government of the Commonwealth of Australia declares that it does not recognize as valid the reservations to article 37, paragraph 2, of the Vienna Convention on Diplomatic Relations made by Morocco and Portugal."
6 September 1973

"The Government of Australia does not regard the statement concerning paragraph 1 of article 11 of the Convention made by the German Democratic Republic, in a letter accompanying the instrument of accession as modifying any rights and obligations under that paragraph."
25 January 1977

"The Government of Australia does not regard as valid the reservations made by the Government of the People's Republic of China to paragraphs 2, 3, and 4 of article 37 of that Convention."
21 June 1978

"The Government of Australia does not regard the reservation made by the Government of the People's Democratic Republic of Yemen to paragraph (1) of article 11 as modifying any rights or obligations under that paragraph."
22 February 1983

"Australia does not regard as valid the reservations made by the Kingdom of Saudi Arabia, the State of Bahrain, the State of Kuwait and the Socialist People's Libyan Arab Jamahiriya, in respect of treatment of the diplomatic bag under article 27 of the Vienna Convention on Diplomatic Relations."
10 February 1987

"Australia does not regard as valid the reservations made by the State of Qatar and the Yemen Arab Republic in respect of treatment of the diplomatic bag under Article 27 of the Vienna Convention on Diplomatic Relations of 18 April 1961."

Declarations:

“[The Government of Australia declares that ] it will not be bound by any of the Regulations annexed to the Agreement, as amended, until further notification is given.”.
“[The Government of Australia also declares] that the Agreement, as amended, will apply to all territories for whose international relations Australia is responsible, with the exception of Norfolk Island.”

Declaration:

"Australia wishes to declare, in accordance with Article 12, that with the exception of the Territory of Norfolk Island, the Convention shall not be applicable to the territories for the International relations of which Australia is responsible."

"The Government of Australia hereby declares that the accession by Australia shall be subject to the reservation that article III of the Convention shall have no application as regards recruitment to and conditions of service in the Defence Forces.
"The Government of Australia furthermore declares that the Convention shall not extend to Papua New Guinea."

"Excluding, in accordance with article 2, paragraph 1 of this Convention, annexes 1 and 2."

12 April 1982

"In accordance with section 43 of the Convention on the Privileges and Immunities of the Specialized Agencies, UNIDO will be accorded the same privileges and immunities as are accorded by Australia to other specialized agencies.
"Until the Constitution enters into force the Government of Australia will continue to accord to UNIDO the privileges and immunities in accordance with the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946."