Senate debates

Wednesday, 8 February 2006

Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2005 [2006]

In Committee

10:53 am

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | Hansard source

Amendment (1) is to do with a declaration of designated critical infrastructure. The legislation says that the defence forces can be deployed by the Prime Minister, the Minister for Foreign Affairs or the Treasurer—extraordinarily enough—to defend critical infrastructure. But when you look at it, there is no qualification on that. It could be any communication, for example. It could be defending a computer which is connected to the Commonwealth information output in the country.

The point that I want to establish is that any of those three ministers—the Prime Minister, the Minister for Foreign Affairs or the Treasurer—can determine what is critical infrastructure, and there is no limitation on that. It is not specified. As we know, a minister can find that any piece of infrastructure in the country is critical. I just wanted to have it established that there is no limit on what can be designated as critical under these circumstances. I ask the minister: could a dam in Tasmania; or a coal ship in the ports of Newcastle, Wollongong or Gladstone; or loading facilities—if a protest were taking place for some reason—be designated as critical infrastructure?

What is extraordinary is the appearance of the Treasurer on the list of the three people who can call out the troops. I was wrong in my speech on the second reading when I mentioned the Minister for Defence. It is not that minister. The Deputy Prime Minister, the Minister for Foreign Affairs or the Treasurer are involved here. I would like the minister to make it clear to the Senate just who can call out the troops and under what circumstances.

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