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WITNESSES BRINK, Ms Tegan, Assistant Secretary, Goods and Investment Branch, Department of Foreign Affairs and Trade .............................................................................................................................................. 12 EMERSON-ELLIOTT, Mr Richard, Director, Agriculture Policy and Negotiations Section, Department of Foreign Affairs and Trade ...................................................................................................... 12 McCLINTOCK, Ms Jane, Acting Assistant Secretary, Trade and Customs Branch, Department of Immigration and Border Protection ................................................................................................................ 12 NEWNHAM, Mr Simon, Assistant Secretary, Agriculture and Food Branch, Office of Trade Negotiations, Department of Foreign Affairs and Trade ............................................................................... 12 REDMOND, Ms Ann, Acting General Manager, Aviation Industry Policy Branch, Department of Infrastructure and Regional Development ........................................................................................................ 1 ROSS, Mr Paul, Assistant Secretary, Bilateral Engagement and Trade Policy Branch, Trade and Market Access Division, Department of Agriculture and Water Resources ........................................ 12 SMITH, Mr Glenn, Policy Officer, International Air Transport Section, Department of Infrastructure and Regional Development ........................................................................................................ 1 TWISK, Mr Simon, Director, Industrials and Market Access Section, Office of Trade Negotiations, Department of Foreign Affairs and Trade ...................................................................................................... 12 VASENSZKY, Ms Sophie, Senior Legal Officer, Attorney-General’s Department .......................................... 1 VASENSZKY, Ms Sophie, Senior Legal Officer, Attorney-General's Department .......................................... 4 WALTER, Mr Andrew, Assistant Secretary, Attorney-General’s Department ................................................ 1 WALTER, Mr Andrew, Assistant Secretary, Attorney-General's Department ................................................ 4 WILSON, Mr Scott, Manager, Trade Policy Division, Department of Industry, Innovation and Science...................................................................................................................................... 12
Monday, 10 October 2016 JOINT Page 1 REDMOND, Ms Ann, Acting General Manager, Aviation Industry Policy Branch, Department of Infrastructure and Regional Development SMITH, Mr Glenn, Policy Officer, International Air Transport Section, Department of Infrastructure and Regional Development VASENSZKY, Ms Sophie, Senior Legal Officer, Attorney-General’s Department WALTER, Mr Andrew, Assistant Secretary, Attorney-General’s Department Committee met at 11:31 Air Services—Bahrain; Air Services—Kuwait CHAIR (Mr Robert): I declare open the public hearing of the Joint Standing Committee on Treaties. These are public proceedings, although the committee may agree to a request to have evidence heard in camera or may determine that certain evidence should be heard in camera. I remind all witnesses that in giving evidence to the committee they are protected by parliamentary privilege. It is unlawful for anyone to threaten or disadvantage a witness on account of evidence given to a committee and such action may be treated by the Senate as a contempt. It is also a contempt to give false or misleading evidence to a committee. If a witness objects to answering a question, the witness should state the ground upon which the objection is taken, and the committee will determine whether it will insist on an answer, having regard to the ground which is claimed. If the committee determines to insist on an answer, a witness may request that the answer be given in camera. Such a request may, of course, also be made at another time. For Commonwealth or state officers and for those new on this committee, I draw particular attention to an order of the Senate from 13 May 2009, specifying the process by which a claim of public interest immunity could be raised. Copies are available from the secretariat. The Senate also resolved that an officer of a department of the Commonwealth or of a state shall not be asked to give opinions on matters of policy and shall be given a reasonable opportunity to refer questions asked of that officer to superior officers or to a minister. This resolution prohibits only questions asking for opinions on matters of policy and does not preclude questions asking for explanations of policy or factual questions about when and how policies were adopted. In accordance with the committee's resolution of 12 September 2016, this hearing will be broadcast on the parliament's website and the proof and official transcripts of proceedings will be published on the parliament's website. Those present here today are advised that filming and recording are permitted during the hearing. I also remind members of the media who may be present or indeed listening on the web of the need to fairly and accurately report the proceedings of the committee. The committee will now take evidence on the air services agreement between the government of Australia and the government of the state of Kuwait and the protocol to amend and supplement the agreement between the government of Australia and the government of the state of Bahrain relating to air services. I now welcome representatives of the Department of Infrastructure and Regional Development to give evidence today. While the committee does not require you to give evidence under oath, I should advise you that this hearing is a legal proceeding of the parliament and therefore has the same standing as proceedings of the respective houses. The giving of false or misleading evidence is a serious matter and may be regarded as a contempt of parliament. The evidence given today will be recorded by Hansard and attracts parliamentary privilege. I now invite you to make a brief opening statement before we proceed to a wider discussion. Ms Redmond: We welcome the opportunity to present on the two air services arrangements. Air services agreements are negotiated to permit and facilitate the operation and development of international air services between countries. Under the framework of the Chicago convention of 1944, which provides an overarching civil aviation framework, international airlines cannot service a market between two countries without an air services agreement. The proposed treaty agreement with Kuwait will provide a binding legal framework to support the operation of air services between Australia and Kuwait. The agreement will be implemented through an existing framework of legislation, including the Air Navigation Act 1920, the Civil Aviation Act 1988 and the International Air Services Commission Act 1992. There will be no direct financial cost to the Australian government or to any state or territory governments associated with its implementation. The proposed agreement will establish for the first time a treaty-level air services agreement between Australia and Kuwait which, in conjunction with existing commercial entitlements, will allow airlines of both countries to TREATIES COMMITTEE
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