RESTRICTED
WORLD TRADE G/SG/W/141
12March 1996
ORGANIZATION(96-0871)
Original: English Committee onSafeguards
REPLIES TOQUESTIONS POSED BYJAPAN1
CONCERNING THE NOTIFICATION PROVIDED BYAUSTRALIA2
OFLAWS AND REGULATIONS UNDER ARTICLE 12.6OFAGREEMENT
Thefollowing communication, dated 5March 1996, hasbeenreceived from thePermanent
Mission ofAustralia.
_______________
Q1. Australia hasresorted tosafeguard measures onmany occasions inthe1970s and1980s.
(a) What kindoflawsandregulations didAustralia havetobasesuchsafeguard measures
on?What happened tothem? Were theyallabolished?
(b) Does thefactthatAustralia hasnolawsandregulations related tosafeguards mean
thattheAustralian Government cannot takeanysafeguard measures untilenactment
ofsuchlawsandregulations? Does theGovernment believe itcantakesafeguard
measures despite theabsence ofsuchdomestic lawsandregulations? Ifthelatter is
thecase, please explain thereason forthat.
A1. (a) Australia hasnotintroduced ameasure requiring recourse toArticle XIXsince 1983.
Under Article XIXitself there isnoobligation tohavelawsorregulations onwhich
tobaseemergency safeguard action. Theobligation issimply toconform withthe
treaty requirements, which Australia hasdone.
A1. (b) TheAgreement onSafeguards doesnotrequire specific legislation tobeinplace but
onlythatprocedures beestablished andmade public inrespect ofinvestigations
regarding whether ameasure could beapplied consistently withtheAgreement on
Safeguards. Those procedures arenotcurrently inplace. Recourse toArticle XIX
andtheAgreement onSafeguards would require theprovisions oftheAgreement on
Safeguards, inparticular Article 3,tobemet.
1G/SG/W/75.
2G/SG/N/1/AUS/1.
./.G/SG/W/141
Page2
Q2. Assuming Australia cantakesafeguard measures without safeguard-related legislation, please
clarify thefollowing points:
(a) Howarethesafeguard investigations referred toinArticle 3oftheAgreement on
Safeguards initiated? Please identify thecompetent authority incharge ofconducting
suchinvestigations. Arethose investigations initiated exofficio orattherequest of
parties concerned?
(b) Aretheprocedural rights oftheparties concerned guaranteed inthecourse ofsafeguard
investigations despite theabsence ofexplicit domestic laws? Weunderstand that
Australia isacountry which adopts thedualist approach and,therefore, thatitcannot
enforce treaties without domestic lawsimplementing it.Nevertheless, isitpossible
fortheinterested parties toexpress theiropinion during theinvestigation, toexpect
thatauthorities respect thesecrecy ofinformation submitted thereby andtoaskforthe
judicial review against thesafeguard measures taken bytheauthorities?
(c) Areimports fromNewZealand subject tosafeguard measures inthesame manner as
imports fromother countries?
Answers 2(a)&(b)
Notapplicable -refertoprevious answer.
A2. (c) Article XIXofGATT 1994andtheAgreement onSafeguards donotprovide thebasis
foraction onimports intoAustralia covered bytheAustralia New Zealand Closer
Economic Relations Trade Agreement (CER).