Document ID: chunk:federal_register_of_legislation:C2004C00122:schedule:1:p1
Version: federal_register_of_legislation:C2004C00122
Segment Type: schedule
Provision Reference: sch 1 (pt 1/7)
Character Range: 3359–6201

Schedule 1—Australia – New Zealand Agreement relating to Christmas Island [see Notes 2 and 3]

Section 6

The Government of Australia and the Government of New Zealand (hereinafter referred to as "the said Governments")—
    participating in equal shares in the production and distribution of phosphate from Christmas Island in the Indian Ocean,
    desiring to revise their mutual rights and obligations in the light of the proposed placing of Christmas Island under the authority of the Commonwealth of Australia,
have agreed as follows:

Article 1

1. The said Governments shall during the period of this Agreement have an equal and exclusive right to extract all phosphates and other minerals and to cut timber in on and from Christmas Island

2. The said Governments shall not exercise this right in any manner inconsistent with the provisions of this Agreement.

Article 2

1. The Christmas Island Phosphate Commission constituted under the Agreement made on the twenty‑sixth day of November, 1949, between the Government of Australia and the Government of New Zealand and known as the Christmas Island Agreement 1949 (in this Agreement called "the Christmas Island Agreement 1949"), and incorporated by the Christmas Island Agreement Act 1949 of the Commonwealth of Australia shall, subject to this Article, continue to function for the purposes of this agreement, and references to the "Commission" in this Agreement shall be read as references to that Commission.

2. The Commission shall, in respect of Christmas Island, manage and control on behalf of the said Governments the mining of phosphate, the distribution and sale of the phosphate, the cutting and sale of timber, the obtaining and sale of any other minerals and all other matters incidental thereto (all of which are hereinafter collectively referred to as "the working of the said property").

3. The following provisions of Article 3 of the Christmas Island Agreement 1949 shall continue to apply to and in respect of the Commission, that is to say:—
       (a) The Commission shall consist of three Commissioners, of whom one shall be appointed by the Government of Australia, one shall be appointed by the Government of New Zealand and one shall be appointed by the said Governments jointly.
       (b) A Commissioner shall hold office during the pleasure of the Government, or the Governments jointly, by which he is appointed.
       (c) Where a Commissioner is, by reason of illness or otherwise, unable to perform his duties, the Government, or the Governments jointly, by which he was appointed may appoint a person to act as a Commissioner during the inability, or until his appointment is sooner terminated, and the person so appointed shall, while so acting, have all the powers of a Commissioner.
       (d) The said Governments shall jointly determine