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When does an international treaty become enforceable in Australia? (A) When Australia becomes a signatory to the treaty (B) When Commonwealth legislation is passed giving effect to the treaty (C) When the United Nations assents to the application of the treaty in Australia (D) When the High Court of Australia ratifies the treaty - HSC - SSCE Legal Studies - Question 7 - 2001 - Paper 1
Question 7
When does an international treaty become enforceable in Australia? (A) When Australia becomes a signatory to the treaty (B) When Commonwealth legislation is passed ... show full transcript
Worked Solution & Example Answer:When does an international treaty become enforceable in Australia? (A) When Australia becomes a signatory to the treaty (B) When Commonwealth legislation is passed giving effect to the treaty (C) When the United Nations assents to the application of the treaty in Australia (D) When the High Court of Australia ratifies the treaty - HSC - SSCE Legal Studies - Question 7 - 2001 - Paper 1
Step 1
When Commonwealth legislation is passed giving effect to the treaty
Answer
An international treaty becomes enforceable in Australia when Commonwealth legislation is enacted to give it effect. This means that merely signing a treaty (being a signatory) does not automatically make it part of Australian law or enforceable in the courts. Legislation must explicitly incorporate the treaty into domestic law for it to be enforceable.