What it does
The International Interests in Mobile Equipment (Cape Town Convention) Act 2013 is a short, implementing statute whose sole substantive function is to domesticate two international instruments: the Convention on International Interests in Mobile Equipment (done at Cape Town on 16 November 2001) and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (also done at Cape Town on the same date). Section 7 expressly provides that both instruments “have the force of law as part of the law of the Commonwealth, so far as they relate to Australia”.
The Act does not reproduce the text of the Convention or Protocol. Instead it treats them as living instruments that are “amended and in force for Australia from time to time” (s 3). Once the Convention enters into force for Australia, the Act’s operative provisions commence either by Proclamation or, at latest, six months after that date (s 2(1), table item 2). The practical effect is to create a uniform, treaty-based regime for the creation, perfection, priority and enforcement of “international interests” in airframes, aircraft engines and helicopters that meet the minimum tonnage or thrust thresholds set by the Protocol.
Section 8 contains a supremacy clause of unusual breadth: the Convention and Protocol prevail over any law of the Commonwealth (other than the Act itself), and any law of a State or Territory, to the extent of any inconsistency. This overrides both statute and common law where conflict arises. The Act binds the Crown in all its capacities (s 4), extends to every external Territory (s 5) and applies both within and outside Australia (s 6). Jurisdiction to hear matters arising under the Act or the incorporated treaty text is conferred on the Federal Court of Australia and on the Supreme Courts of the States and Territories (s 9(1)), subject to constitutional limits in the Territories (s 9(2)). A declaration made by Australia under Article 53 of the Convention must not contradict this jurisdictional scheme (s 9(3)).