Document ID: chunk:federal_register_of_legislation:C2021A00078:clause:1_3:p1
Version: federal_register_of_legislation:C2021A00078
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/3)
Character Range: 37267–40043

3  Designated international agreement

Bilateral agreement
 (1) For the purposes of this Schedule, if:
 (a) there is an agreement between Australia and a foreign country; and
 (b) a copy of the English text of the agreement is set out in the regulations; and
 (c) the agreement has entered into force for Australia and the foreign country;
then:
 (d) if the agreement is affected by an amendment, where:
 (i) a copy of the English text of the amendment is set out in the regulations; and
 (ii) the amendment has entered into force for Australia and the foreign country;
  the agreement, as affected by such an amendment, is a designated international agreement; or
 (e) if paragraph (d) does not apply—the agreement is a designated international agreement.
Note: An agreement mentioned in paragraph (a) is a treaty to which Australia is a party. Proposed treaty actions, such as amendments of treaties and extensions of the duration of treaties, are subject to Australia's treaty‑making process. In 2021, the parliamentary scrutiny process for proposed treaty actions included tabling in both Houses of the Parliament and consideration by the Joint Standing Committee on Treaties.
 (1A) If:
 (a) there is an agreement between Australia and a foreign country; and
 (b) the agreement deals with (among other things) the issue of orders (however described) by a competent authority (however described) of the foreign country;
a copy of the English text of the agreement must not be set out in regulations made for the purposes of paragraph (1)(b) unless a statutory requirements certificate is in force under clause 3B in relation to the foreign country and the agreement.
 (2) If:
 (a) there is an agreement between Australia and a foreign country; and
 (b) the agreement deals with (among other things) the issue of orders (however described) by a competent authority (however described) of the foreign country; and
 (c) one or more offences against the law of the foreign country are death penalty offences;
a copy of the English text of the agreement must not be set out in regulations made for the purposes of paragraph (1)(b) unless the Minister has received a written assurance from the government of the foreign country, relating to the use or non‑use of Australian‑sourced information obtained by virtue of the agreement, in connection with any proceeding by way of a prosecution for a death penalty offence in the foreign country. For the purposes of this subclause, information is obtained by virtue of the agreement if it is obtained in accordance with such an order.
Note 1: For Australian‑sourced information, see subclause (8).
Note 2: For death penalty offence, see subclause (7A).

Multilateral agreement
 (3) For the purposes of this Schedule, if:
 (a) there is