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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 only when Commonwealth legislation is enacted to give effect to the treaty. This legislative action is essential for the treaty to have domestic legal effect, thereby allowing it to be enforced in Australian courts.