Alexander Downer on the United Nations and Australian gun control
17 November 1997
Mr Garry Nehl MP
Deputy Speaker
PO 2056
COFFS HARBOUR NSW 2450
Dear Garry
Thank you for your letter dated 18 August making representations concerning treaty-making and firearms on behalf of your constituent (SSAA member name deleted). National firearms legislation is the responsibility of the Attorney-General, so you could forward Mr..... letter to Mr Williams if you consider that a Ministerial response would be appropriate on this topic. Gun control in the domestic Australian context is a matter for national and State/Territory jurisdictions and does not fall within the purview of any of Australia's international treaty obligations.
On other matters, I welcome Mr... expression of appreciation for the copy of the Information Kit on Australia and International Treaty Making. The executive power to enter into treaties is one of the royal prerogatives covered by Section 61 of the Constitution, as authoritatively interpreted by the High Court in a consistent series of judgments. Mr....attention might especially be drawn to the case of R v Burgess; Ex parte Henry (1936) 55 CLR 608, and the report of the 1995 Senate Inquiry, Trick or Treaty? Commonwealth Power to make and Implement Treaties. The 'democratic deficit' in former Government's use of that power was the reason for my reforming the treaty-making process last year, to provide for Parliamentary consideration of all proposed treaty actions before finalisation.
Mr .... should be also be assured that no Australian Government has contemplated the disarming of the national defence forces or security services, through a UN Resolution, Declaration, or treaty, or by any other means. I assume his letter refers to the Resolutions adopted by the UN General Assembly on reports of the First Committee, and in particular those grouped under the heading 'general and complete disarmament'. Resolutions adopted under this heading deal with global arms control, non-proliferation, and disarmament issues. As the United Nations is an association of states rather than a world government, such resolutions express the views of the international community but do not compromise or in any way limit the national sovereignty of UN member states.
Yours sincerely
(signed)
Alexander Downer
Copy held SSAA National
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