TRADE AGREEMENT (SOUTH AFRICA).

No. 58 of 1936.

An Act to ratify and approve an Agreement between His Majesty’s Governments in the Union of South Africa and the Commonwealth of Australia in relation to Duties of Customs.

[Assented to 23rd November, 1936.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

Short title.

1.  This Act may be cited as the Trade Agreement (South Africa) Act 1936.

Ratification of Agreement with South Africa.

2.  The Agreement entered into between His Majesty’s Government in the Union of South Africa and His Majesty’s Government in the Commonwealth of Australia (as set out in the note from the Minister of State for External Affairs of the Union of South Africa to the Acting Prime Minister of the Commonwealth of Australia, and the note from the Prime Minister of the Commonwealth of Australia to the Minister of State for External Affairs of the Union of South Africa, copies of which are set forth in the Schedule to this Act) is hereby ratified and approved.

THE SCHEDULE.

EXCHANGE OF NOTES BETWEEN HIS MAJESTY’S GOVERNMENT IN THE UNION OF SOUTH AFRICA AND HIS MAJESTY’S GOVERNMENT IN THE COMMONWEALTH OF AUSTRALIA.

Note from the Minister of State for External Affairs of the Union of South Africa to the Acting Prime Minister of the Commonwealth of Australia.

Department of External Affairs. Pretoria,

31st August, 1935.

Sir,

I have the honour to inform you that His Majesty’s Government in the Union of South Africa hereby undertake that all goods the growth, produce or manufacture of

The Schedule—continued.

the Commonwealth of Australia shall, when imported from the Commonwealth of Australia into the territory of the Union of South Africa and the Mandated Territory of South West Africa be accorded, in respect of customs duties levied on imports, treatment not less favourable than that accorded to goods the growth, produce or manufacture of the most favoured foreign nation, on His Majesty’s Government in the Commonwealth of Australia undertaking to accord to goods the growth, produce or manufacture of the Union of South Africa or the Mandated Territory of South West Africa, when imported into the Commonwealth of Australia from the Union of South Africa or the Mandated Territory of South West Africa, in respect of customs duties levied on imports, treatment not less favourable than that accorded to goods the growth, produce or manufacture of the most favoured foreign nation ; provided that:—

the provisions of this Note shall not extend to favours actually granted or which may hereafter be granted by the Union of South Africa and the Mandated Territory of South West Africa to any State or Territory adjoining the Union of South Africa or the Mandated Territory of South West Africa.

2. The present Note, and your reply in similar terms, intimating the concurrence of His Majesty’s Government in the Commonwealth of Australia in the proposal made herein will be regarded as an agreement between our two Governments in this matter with effect from the 1st July, 1935, provided that this Agreement shall lapse if not ratified by the Parliament of the Union of South Africa, by Resolution of both Houses, during its next ensuing Session and by the Parliament of the Commonwealth of Australia, and provided further that, if ratified, it shall be terminable by six months’ notice on either side.

I have the honour to be,

Sir,

Your obedient Servant,

J. B. M. HERTZOG,

Minister of External Affairs of the

Union of South Africa.

The Honourable

the Acting Prime Minister

of the Commonwealth of Australia,

CANBERRA.

Note from the Prime Minister of the Commonwealth of Australia to the Minister of State for External Affairs of the Union of South Africa.

CANBERRA,

Federal Capital Territory,

Australia.

3rd September, 1935.

Dear Sir,

I take note of your communication dated the 31st August, 1935, on the subject of the treatment to be accorded to goods the growth produce or manufacture of the Commonwealth of Australia on importation into the territory of the Union of South Africa and the Mandated Territory of South West Africa.

I have the honour to inform you that in consideration of the undertaking given by His Majesty’s Government in the Union of South Africa, that except as provided in your communication of 31st August, 1935, all goods the growth produce or manufacture of the Commonwealth of Australia shall on importation there from into the territory of the Union of South Africa and the Mandated Territory of South West Africa, be accorded, in respect of customs duties levied on imports, treatment not less favourable than that accorded to goods the growth produce or manufacture of the most-favoured-foreign nation, His Majesty’s Government in the Commonwealth of Australia hereby undertake that all goods the growth produce or manufacture of the Union of South Africa and the Mandated Territory of South West Africa shall on importation into the Commonwealth of Australia be accorded in respect of customs duties levied on imports, treatment not less favourable than that accorded to goods the growth produce or manufacture of the most-favoured-foreign nation.

The Schedule—continued.

This Note in conjunction with your communication of 31st August, 1935, will be regarded as an agreement between our two Governments in this matter with effort from 1st July 1935,

Provided that this agreement shall lapse if not ratified by the Parliament of the Union of South Africa by resolution of both Houses, during the next ensuing session, and by the Parliament of the Commonwealth of Australia, and

Provided further that, if ratified, it shall be terminable by six months’ notice on either side.

Yours faithfully,

J A LYONS

Prime Minister.

The Minister of External Affairs,

Union of South Africa,

PRETORIA,

South Africa.