Senate debates

Tuesday, 21 August 2012


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

12:50 pm

Photo of Scott LudlamScott Ludlam (WA, Australian Greens) Share this | Hansard source

Minister, the operative part of the bill that I am referring to, section 72.42, states, as you are no doubt aware:

Section 72.38—

which is the fairly comprehensive list of things that are prohibited—

does not apply to the stockpiling, retention or transfer of a cluster munition that:

(a) is done by:

(i) a member of the armed forces of a foreign country that is not a party to the Convention on Cluster Munitions—

for example, the US would be caught by that—


(ii) a person who is connected with such forces as described in subsection (2) and is neither an Australian citizen nor a resident of Australia …

So serving personnel with the US Marine Corps, for example, or their contractors, are explicitly allowed to stockpile these weapons in Australia under that section of the act. Why?


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