Identifier
Created
Classification
Origin
08CANBERRA1073
2008-10-24 06:28:00
CONFIDENTIAL//NOFORN
Embassy Canberra
Cable title:
TORRES STRAIT: LATEST LETTER DELIVERED
how-toP 240628Z OCT 08 FM AMEMBASSY CANBERRA TO SECSTATE WASHDC PRIORITY 0392 INFO AMEMBASSY PORT MORESBY AMEMBASSY SINGAPORE AMCONSUL MELBOURNE AMCONSUL PERTH AMCONSUL SYDNEY SECDEF WASHINGTON DC SECNAV WASHINGTON DC CDR USPACOM HONOLULU HI COMDT COGARD WASHINGTON DC JOINT STAFF WASHINGTON DC
C O N F I D E N T I A L CANBERRA 001073
NOFORN
DEPARTMENT FOR EAP/ANP FRELICK AND FOR L/OES ROACH
E.O. 12958: DECL: 10/24/2018
TAGS:
PHSA, EWWT, PREL, AS
SUBJECT: TORRES STRAIT: LATEST LETTER DELIVERED
REF: STATE 111975
Classified By: Economic Counselor Edgard Kagan. Reasons 1.4 (b/d).
C O N F I D E N T I A L CANBERRA 001073
NOFORN
DEPARTMENT FOR EAP/ANP FRELICK AND FOR L/OES ROACH
E.O. 12958: DECL: 10/24/2018
TAGS:
PHSA, EWWT, PREL, AS
SUBJECT: TORRES STRAIT: LATEST LETTER DELIVERED
REF: STATE 111975
Classified By: Economic Counselor Edgard Kagan. Reasons 1.4 (b/d).
1. (C/NF) Australia should be able to accept the key elements
of reftel letter, according to Department of Foreign Affairs
and Trade International Legal Division Assistant Secretary
Adam McCarthy. Stressing that he could only give a very
preliminary response based on his initial reading of the
letter, McCarthy said that he will need to consult with
representatives of the Attorney General's Department and the
Australian Maritime Safety Agency (AMSA) before giving a more
formal response. McCarthy subsequently told us that the
agencies will meet to discuss the letter on October 28.
2. (C/NF) McCarthy told Econcouns that he understood U.S.
concern about when the penalty would be assessed and that
this should not pose a problem. Australia is thinking in
terms of an administrative penalty, though this has not been
finalized. Regardless of the decision, any penalty would not
be assessed until a ship entered an Australian port. Turning
to the second element in the letter, McCarthy said that under
Australian domestic law, statutes of limitations only apply
to violations of criminal or civil law. Stressing that the
final decision will be up to the Attorney General's
Department, McCarthy said his understanding is that it would
be impossible to refer to the statute of limitations in the
context of an administrative penalty.
3. (C/NF) Finally, McCarthy said that while he could
understand that the United States believes it "preferable"
that Australia inform the International Maritime Organization
of changes to the Torres Strait Pilotage Regime, this would
probably be a bridge too far for his AMSA colleagues to agree
to at present. He said that Australia understands that it
will need to announce any changes, but that it is unlikely to
do so in that manner.
CLUNE
NOFORN
DEPARTMENT FOR EAP/ANP FRELICK AND FOR L/OES ROACH
E.O. 12958: DECL: 10/24/2018
TAGS:
PHSA, EWWT, PREL, AS
SUBJECT: TORRES STRAIT: LATEST LETTER DELIVERED
REF: STATE 111975
Classified By: Economic Counselor Edgard Kagan. Reasons 1.4 (b/d).
1. (C/NF) Australia should be able to accept the key elements
of reftel letter, according to Department of Foreign Affairs
and Trade International Legal Division Assistant Secretary
Adam McCarthy. Stressing that he could only give a very
preliminary response based on his initial reading of the
letter, McCarthy said that he will need to consult with
representatives of the Attorney General's Department and the
Australian Maritime Safety Agency (AMSA) before giving a more
formal response. McCarthy subsequently told us that the
agencies will meet to discuss the letter on October 28.
2. (C/NF) McCarthy told Econcouns that he understood U.S.
concern about when the penalty would be assessed and that
this should not pose a problem. Australia is thinking in
terms of an administrative penalty, though this has not been
finalized. Regardless of the decision, any penalty would not
be assessed until a ship entered an Australian port. Turning
to the second element in the letter, McCarthy said that under
Australian domestic law, statutes of limitations only apply
to violations of criminal or civil law. Stressing that the
final decision will be up to the Attorney General's
Department, McCarthy said his understanding is that it would
be impossible to refer to the statute of limitations in the
context of an administrative penalty.
3. (C/NF) Finally, McCarthy said that while he could
understand that the United States believes it "preferable"
that Australia inform the International Maritime Organization
of changes to the Torres Strait Pilotage Regime, this would
probably be a bridge too far for his AMSA colleagues to agree
to at present. He said that Australia understands that it
will need to announce any changes, but that it is unlikely to
do so in that manner.
CLUNE