Senate debates

Tuesday, 21 August 2012

Bills

Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010; In Committee

5:27 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

This is an opportunity for the government to put its position in respect of the amendment. We do not support the amendment. The effect of deleting section 72.42 would be that visiting military personnel from countries who are not party to the convention would be prohibited from any conduct relating to cluster munitions while in Australia, significantly limiting Australia's ability to undertake military cooperation operations with such countries as permitted by the convention. The proposed amendment would also have the effect of requiring those personnel to comply with an international legal obligation to which their sending country has not consented. The practical effect would be that it clearly would seek to bind other countries. For the record, I think it is worth saying that there are currently no foreign stockpiles of cluster munitions in Australia, and as a matter of policy the government confirmed on 23 November 2011 that it has not and will not authorise such stockpiling.

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