Brendan Nelson (Bradfield, Liberal Party, Minister for Defence) Share this | Hansard source

in reply—I thank all of the members who contributed to the debate on the Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2006. I am particularly indebted to the member for La Trobe for reminding us of the events of 13 February 1978. It is worth just reminding ourselves of those events, and describing them briefly should satisfy any Australian and any member that amendment part IIIAAA to the Defence Act 1903 is necessary. On 13 February 1978 a bomb exploded at the Sydney Hilton Hotel. The explosion occurred in the early morning, prior to the Commonwealth Heads of Government Regional Meeting. Shortly afterwards, the New South Wales Police requested Army to assist, and the explosive ordnance disposal team arrived within two hours. By mid-morning the Prime Minister and the New South Wales Premier had considered Army assistance and by mid-afternoon an emergency cabinet meeting agreed to provide troops to help secure the removal of the meeting to Bowral. Late on the same day the Governor-General issued an order calling out the Defence Force for the purposes of safeguarding the national and international interests of the Commonwealth of Australia, giving effect to the obligations of the Commonwealth of Australia in relation to the protection of internationally protected persons and for other purposes related to those matters.

In 2006, if the government and the policing, state and, indeed, defence agencies were to respond in such a way, it would be considered a national scandal. The delays in communication, in meeting, in getting defence personnel on the ground and in doing all of those things which are governed essentially by the existing arrangements, at least for maritime and air intervention and protection, would be considered by most Australians to be, to say the least, out of step with what they expect to be a minimum standard of response. The Australian government’s paramount interest is in maintaining the safety and security of the Australian people. Indeed, that is probably the first responsibility of any government. The threat of terrorism is real and the nature of potential threats is constantly evolving and changing. We need to make absolutely sure that our terrorism prevention and response capabilities are as strong as they possibly can be. The Australian government is seeking to provide cautious and consultative but expeditious measures that will allow Australians to be protected by their own Defence Force in the event of an extraordinary event.

It was Thomas Jefferson who said that the price of freedom is eternal vigilance. In amending the provisions of the Defence Act the coalition are tonight establishing the parameters for defending our citizens and, indeed, our critical infrastructure. The proposed amendments to defence legislation do not constitute a change to the fundamental principles underlying part IIIAAA, which remain the primacy of the civil authorities, the retention of the military chain of command, the use of force as a last resort, that ADF personnel remain subject to the law and are accountable for their actions and ensuring that any authorised use of force is both reasonable and necessary. Changes will be made to part IIIAAA of the Defence Act to improve the coordination mechanisms for responding to a terrorist incident, to provide operational flexibility for situations in which the ADF may be required to respond to domestic security incidents to support civil authorities and to clarify the legal powers of and protections for ADF personnel when conducting operations in support of domestic security.

Part IIIAAA of the Defence Act 1903 was intended to provide a clear and accessible legislative basis for the use of the Defence Force as a last resort in aid to civil authorities to protect the interests of the Commonwealth and the states and the territories against domestic violence in Australia. The changes to the Defence Act 1903 will ensure that part IIIAAA will achieve this vital objective. The bill reflects the more complex and evolving threat environment, Australia’s recent security initiatives and the increasing range of tasks that could face the ADF when supporting Australia’s domestic security operations in the land, air and maritime environments.

The member for Werriwa asked how a Commonwealth minister would be satisfied that a state or territory would be unable to deal with a situation such as a terrorist incident. The answer is that the Commonwealth has and does work very closely and cooperatively with state and territory governments, particularly in this regard. This ensures the necessary exchange of information so that ministers may inform themselves as to the incident and necessary action to deal with the incident. I note that there will be circumstances, for example, when states and territories will have no capacity at all to deal with a situation. I can inform and reassure the member for Werriwa that the government is working with the states and territories and will continue to do so under this legislation. I refer the member for Denison to the debate in the Senate last week calling for a detailed consideration of the laws that apply following a call-out of the ADF.

On the opposition’s amendment to the motion that the bill be read a second time, I advise the House that the Australian government will consult very closely with state and territory governments to ensure that the legislation is implemented effectively and improves operational cooperation between the Australian Defence Force and state and territory authorities. The Australian government went through the process of refinement of the legislation in 2000, working very closely with the states and territories. The ADF and relevant Commonwealth authorities will continue to work with the states and territories to ensure the provisions of the bill are applied effectively. There is already close cooperation with the Victorian state government to ensure that the ADF continues to work closely with the Victorian civilian authorities to support the Commonwealth Games. This process will inform arrangements with other states and territories, noting that Australia will be hosting APEC in 2007, with key activities in several states.

I provide an undertaking to the parliament to ensure that these processes will continue to be refined. We do not accept that the opposition’s proposal is necessary. Along with the Prime Minister—and, I trust, all my colleagues in the House as well—I am hopeful that there will not ever be an occasion for the provisions in this bill to be enacted, but it would be an undiligent generation of political leaders who did not seek to provide for the safety and security of Australia and its people or see, in particular, that legislation that gives effect to the call-out of Australian defence forces in these extreme and unforeseen circumstances is provided. With the support of the Australian people, the coalition will continue to lead with vision and diligence as we strive to protect and secure this great and free nation.

I thank all of the members in the House who have contributed to the debate and I thank the opposition for its support for this very necessary legislation.

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