An international treaty first becomes legally enforceable in Australia when
(A) enough nations adopt the treaty - HSC - SSCE Legal Studies - Question 8 - 2010 - Paper 1
Question 8
An international treaty first becomes legally enforceable in Australia when
(A) enough nations adopt the treaty.
(B) the Australian Government signs the treaty.
(... show full transcript
Worked Solution & Example Answer:An international treaty first becomes legally enforceable in Australia when
(A) enough nations adopt the treaty - HSC - SSCE Legal Studies - Question 8 - 2010 - Paper 1
Step 1
Commonwealth legislation is passed giving effect to the treaty.
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Answer
In Australia, an international treaty becomes legally enforceable only after specific domestic steps are completed. While the signing and ratification by the government are important, the actual enforceability hinges on Commonwealth legislation being enacted to give effect to the treaty. This means that the treaty must be incorporated into Australian law for individuals and entities to be subject to it. Therefore, the correct answer is option (D).