Security Treaty (Australia, New Zealand and the United States of America) Act 1952

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Legislation au C1952A00006 In force Act

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Security Treaty (Australia, New Zealand and the United States of America) Act 1952

 

No. 6 of 1952

 

 

 

 

 

An Act to approve the Security Treaty between Australia, New Zealand and the United States of America

 

 

 

Contents

1  Short title

2  Approval of Security Treaty

The Schedule—Security Treaty between Australia, New Zealand, and the United States of America

 

 

 

 

 

Security Treaty (Australia, New Zealand and the United States of America) Act 1952

No. 6 of 1952

 

 

 

An Act to approve the Security Treaty between Australia, New Zealand and the United States of America

[Assented to 13 March 1952]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Security Treaty (Australia, New Zealand and the United States of America) Act 1952.

2  Approval of Security Treaty

  The Security Treaty between Australia, New Zealand and the United States of America signed at San Francisco on the first day of September, One Thousand nine hundred and fifty-one (being the Treaty set out in the Schedule to this Act), is approved.

The Schedule—Security Treaty between Australia, New Zealand, and the United States of America

Section 2

 

 

The Parties to this Treaty,

Reaffirming their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all Governments, and desiring to strengthen the fabric of peace in the Pacific Area,

Noting that the United States already has arrangements pursuant to which its armed forces are stationed in the Philippines, and has armed forces and administrative responsibilities in the Ryukyus, and upon the coming into force of the Japanese Peace Treaty may also station armed forces in and about Japan to assist in the preservation of peace and security in the Japan Area,

Recognizing that Australia and New Zealand as members of the British Commonwealth of Nations have military obligations outside as well as within the Pacific Area,

Desiring to declare publicly and formally their sense of unity, so that no potential aggressor could be under the illusion that any of them stand alone in the Pacific Area, and

Desiring further to coordinate their efforts for collective defense for the preservation of peace and security pending the development of a more comprehensive system of regional security in the Pacific Area,

Therefore declare and agree as follows:

ARTICLE  I

The Parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.

ARTICLE  II

In order more effectively to achieve the objective of this Treaty the Parties separately and jointly by means of continuous and effective self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack.

ARTICLE  III

The Parties will consult together whenever in the opinion of any of them the territorial integrity, political independence or security of any of the Parties is threatened in the Pacific.

ARTICLE  IV

Each Party recognizes that an armed attack in the Pacific Area on any of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes.

Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.

ARTICLE  V

For the purpose of Article IV, an armed attack on any of the Parties is deemed to include an armed attack on the metropolitan territory of any of the Parties, or on the island territories under its jurisdiction in the Pacific or on its armed forces, public vessels or aircraft in the Pacific.

ARTICLE  VI

This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security.

ARTICLE  VII

The Parties hereby establish a Council, consisting of their Foreign Ministers or their Deputies, to consider matters concerning the implementation of this Treaty. The Council should be so organized as to be able to meet at any time.

ARTICLE  VIII

Pending the development of a more comprehensive system of regional security in the Pacific Area and the development by the United Nations of more effective means to maintain international peace and security, the Council, established by Article VII, is authorized to maintain a consultative relationship with States, Regional Organizations, Associations of States or other authorities in the Pacific Area in a position to further the purposes of this Treaty and to contribute to the security of that Area.

ARTICLE  IX

This Treaty shall be ratified by the Parties in accordance with their respective constitutional processes. The instruments of ratification shall be deposited as soon as possible with the Government of Australia, which will notify each of the other signatories of such deposit. The Treaty shall enter into force as soon as the ratifications of the signatories have been deposited.

ARTICLE  X

This Treaty shall remain in force indefinitely. Any Party may cease to be a member of the Council established by Article VII one year after notice has been given to the Government of Australia, which will inform the Governments of the other Parties of the deposit of such notice.

ARTICLE  XI

This Treaty in the English language shall be deposited in the archives of the Government of Australia. Duly certified copies thereof will be transmitted by that Government to the Governments of each of the other signatories.

IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.

DONE at the city of San Francisco this first day of September, 1951.

FOR  AUSTRALIA:

PERCY  C.  SPENDER

FOR  NEW  ZEALAND:

C.  A.  BERENDSEN

FOR  THE  UNITED  STATES  OF  AMERICA:

DEAN  ACHESON

JOHN  FOSTER  DULLES

ALEXANDER  WILEY

JOHN  J.  SPARKMAN

 

 

 

 

Overview

The Security Treaty (Australia, New Zealand and the United States of America) Act 1952 was enacted by the Parliament of Australia to approve a security treaty between Australia, New Zealand, and the United States of America, formalising their commitment to peaceful conflict resolution and collective defence in the Pacific region. The Act provides the legal framework for the ratification and implementation of the treaty, which aims to strengthen the fabric of peace in the Pacific Area by establishing a formal agreement between the three nations to consult each other in the event of a threat to their territorial integrity, political independence, or security. This legislative action underscores the policy objective of enhancing regional security and stability through a coordinated defence arrangement, thereby deterring potential aggressors and fostering unity among the parties involved. The policy objective of the Act is to ensure that Australia, New Zealand, and the United States of America maintain and develop their individual and collective capacity to resist armed attack, thereby contributing to the preservation of peace and security in the Pacific. By approving the treaty, the Act formalises the commitment of these nations to act in accordance with the principles of the United Nations Charter, to consult each other in times of threat, and to report any armed attacks to the United Nations Security Council. This Act represents a significant step towards regional security cooperation during a period of global geopolitical tension.

Scope and Application

The Security Treaty (Australia, New Zealand and the United States of America) Act 1952 serves as a legislative instrument to approve the Security Treaty between Australia, New Zealand, and the United States of America, which was signed at San Francisco on September 1, 1951. The Act applies to the three signatory nations and pertains to their mutual commitment to peaceful conflict resolution, collective defence, and consultation in the event of threats to their territorial integrity, political independence, or security in the Pacific. The Act is of Commonwealth jurisdiction, thus extending its influence across Australia, New Zealand, and the United States, with the latter being a foreign power. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it does specify the procedural processes for ratification and the conditions for withdrawal. The Act may be further extended or restricted through subordinate instruments, although such provisions are not detailed within the primary text of the legislation.

Key Provisions

The Security Treaty (Australia, New Zealand and the United States of America) Act 1952 (the "Act") serves to approve the Security Treaty between Australia, New Zealand, and the United States of America. Section 2 of the Act explicitly approves the Security Treaty, which is detailed in the Schedule attached to the Act. This Treaty, signed in San Francisco on 1 September 1951, aims to strengthen the fabric of peace in the Pacific Area by declaring a sense of unity and coordinating collective defence efforts among the signatories. The Act imposes several obligations on the parties to the Treaty. Firstly, as stipulated in Article I, the parties undertake to settle international disputes through peaceful means, ensuring international peace and security and justice are not endangered. Article III requires the parties to maintain and develop their individual and collective capacity to resist armed attack through continuous and effective self-help and mutual aid. Additionally, under Article III, the parties must consult together whenever any of them perceives a threat to their territorial integrity, political independence, or security in the Pacific Area. Article IV mandates that each party recognises an armed attack on any of the parties as dangerous to its own peace and safety and declares its intent to act to meet the common danger in accordance with its constitutional processes. Breach of the obligations set out in the Treaty may have serious consequences. Although the Act itself does not detail specific penalties for breaches of the Treaty, violations of the Treaty could potentially lead to a range of civil or criminal consequences under domestic and international law. The seriousness of these consequences would depend on the nature and extent of the breach. For instance, an armed attack on one of the parties, as described in Article IV, could invoke Article V of the Treaty, which deems such an attack to include armed attacks on metropolitan territories, island territories under jurisdiction, or armed forces, public vessels, or aircraft in the Pacific. Such an attack could lead to measures being taken by the parties in accordance with their constitutional processes, with any such measures to be reported to the United Nations Security Council. The Security Council would then take necessary measures to restore and maintain international peace and security, as per Article IV.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.