Fatima Payman (WA, Australia's Voice) | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table an explanatory memorandum relating to the bill.

Leave granted.

I table an explanatory memorandum, and I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

This Bill is being introduced alongside the Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) Bill 2024 and the Treasury Laws Amendment (Divesting from Illegal Israeli Settlements) Bill 2024.

Together they represent a baseline measure to further align Australia with its international legal obligations including the Fourth Geneva Convention, and the Convention on the Prevention and Punishment of the Crime of Genocide.

Passing these three Bills is an essential step in ensuring comprehensive action to uphold human rights and foster accountability and bringing about the end to the era of genocide.

The Genocide Risk Reporting Bill 2024 seeks to address an issue of profound importance: Australia's role in preventing genocide and ensuring our government and businesses uphold their obligations under international law. This Bill is essential to fostering respect, inclusion, and equity within our communities and ensuring protections for all workers into the future.

Genocide is defined under international law as the deliberate and systematic destruction of a national, ethnical, racial, or religious group. This can be achieved through a range of horrific acts, including killing members of the group, causing serious bodily or mental harm, creating conditions intended to bring about its physical destruction, preventing births, or forcibly transferring children. These actions are not only crimes against humanity—they are the most severe violations of human rights.

As a global community, we must ensure that no one is complicit in the commission of genocide. Yet, as this Bill demonstrates, the risk of Australian businesses being connected—either directly or indirectly—to genocide remains a real and present danger. Without this legislation, Australian businesses and government entities may inadvertently or even deliberately become involved in supply chains that contribute to genocide, potentially using taxpayer funds to support such practices. This is a risk we cannot afford to ignore.

As the Australian Government forges ahead with its goal to make Australia one of the largest manufacturers of US weapons outside the US; and to be a top ten exporter of defence goods in the world, it is pouring public money into defence manufacturing industries without any human rights safeguards.

The House of Representatives has already passed the Future Made in Australia Act2024, yet we lack a framework to assess which defence companies should attract public investment, leaving future jobs at risk when such operations are tied to atrocity crimes.

This Bill creates a framework for Australian companies and government entities to identify and address genocide risks in both domestic and global operations.

This Bill is crucial to trust, integrity, and transparency in Government.

Meeting our legal obligations and protecting Australia's standing

Australia signed the Convention on 11 December 1948, and entered into force under international law in 1951. As a state party to the Convention, Australia has the following four core obligations:

Australia's Obligations under the Convention are both serious and binding.

As a matter of international law, Australia's core obligations under the Convention are of a peremptory character, from which no derogation is permitted, no matter the defence or foreign policy objectives that any particular government or Minister might have.

This Bill acknowledges that Australia must not aid or assist, or otherwise be complicit in, the commission of acts of genocide by allowing for genocide practices to occur in the supply chains of goods and services in the Australian market.

Australia's obligation to prevent genocide arises at the instant that Australia "learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed."

This Bill also takes steps toward implementing Australia's obligations under the Arms Trade Treaty 2013. The Treaty mandates that Australia must not authorise the transfer of arms or related material in certain circumstances, including where there is knowledge that the arms would be used in the commission of genocide.

Key features of this Bill

The Australian Government must not invest funds into businesses that engage in genocide or fail to disclose and mitigate genocide risk. This Bill provides the framework to assess our defence relationships and mitigate legal risk while also offering greater legal certainty for business.

The Bill spells out what companies reporting obligations are.

Similar to the Modern Slavery Act2018, the Genocide Risk Reporting Bill 2024 will establish a Genocide Reporting Requirement. This will compel certain businesses and other entities in Australia to make annual public reports, known as Genocide Statements, on their actions to address genocide risks in their operations and supply chains.

Under the Bill reporting entities include entities that supply, sell, or transfer arms or related material—whether directly or indirectly—or provide technical assistance, training, financial, or other assistance that relates to military activities or the provision, maintenance, or use of arms or related material.

Under this Bill, Australian entities and entities carrying on a business in Australia will be required to submit Genocide Statements for every twelve-month period. The Australian Government must also publish its own annual Genocide Statement. These statements must include, among other things:

the Defence Trade Control Act 2012the Defence Trade Controls Regulations 2013

'Genocide risk' refers to risks within a reporting entity's operations and supply chains that could lead to genocide; or cause Australia to fail to uphold its legal obligation to prevent genocide under the 1948 Convention.

The Bill ties together the obligations of companies with Australia's obligations. It says, by doing business on this country, and receiving taxpayer money, you will not involve Australia in atrocities.

The Bill also creates a new Anti-Genocide Commissioner.

The Commissioner's functions would allow the Commissioner to work with government, business, and civil society to support compliance with the Act, improve the transparency of supply chains, and help fight genocide in Australia and abroad. The Commissioner's role will involve supporting businesses to identify and assess genocide risks and processes for their elimination, minimisation, and avoidance.

No mandatory reporting framework is worthwhile without enforcement penalties and mechanisms. In line with recommendations from Professor John McMillan AO's review of the Modern Slavery Act 2018, this Bill includes enforcement mechanisms, such as criminal penalties for entities that fail to comply. Civil penalties are also introduced to enhance public accountability, and there will be judicial review of decisions made by the Minister and the Anti-Genocide Commissioner.

Background and Case Example of Necessity of Legal Reform

Australia has not only failed in its international obligations, but chooses to do so on a continuing basis. The legal barriers to the prosecution of genocide, crimes against humanity and war crimes are intentional and signify an acceptance of these crimes, an enabling and indeed complicity in them. This includes the Attorney-General's fiat, which grants sole discretion over prosecuting genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court, functions as a significant barrier to accountability, undermining efforts to pursue justice under international law.

This is most prominently shown in the Genocide of the First Peoples of this land. Genocide has been perpetrated from the time of invasion, through massacres, forced displacement, land theft, the destruction of cultural heritage, the Stolen Generations and so much more. It continues to this very day. It is not as starkly obvious to the outside observer as the Genocide in Gaza, but it takes place in sophisticated, silent and effective ways.

Australia's response to the Israeli military and government also serves as a litmus test for its commitment to upholding international law and fulfilling its obligations under human rights conventions.

In June 2024, the UN urgently called for a halt to all arms transfers to Israel, warning that continued transfers risk complicity in international crimes, including genocide. Yet, the Australian Government has failed to act on these calls, continuing to support these companies' supplying arms to Israel with billions of dollars in the past 12 months.

This inaction exposes the Australian Government to potential state and criminal liability, creating an unacceptably high legal risk to both the government, the Australian public and future jobs.

This Bill aims to set clear legal boundaries, ensuring that when political or self-preservation motives prevent the government from acting, the law steps in to enforce an embargo to prevent Australia from arming or funding serious human rights violations.

In the ICJ South Africa v Israel Provisional Measures Decision[ii]the International Court of Justice (and modified in its Orders of 28 March 2024 and 24 May 2024) determined that Israel among other things 'must take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip'.[i]

The ICJ provisional orders indicate that the Court accepted there is a plausible case that Palestinians in Gaza have a right to be protected from genocide.[iii]

However, since the ICJ provisional ruling, there appears to have been negligible change in the conduct of the State of Israel and the Israel military's campaign of destruction on Gaza. Civilian casualty numbers remain extremely high, as demonstrated by multiple reliable sources.[iv]

Following the ICJ ruling on 26 January 2024, several human rights and legal organisations have called on the Australian government to 'act in accordance with Australia's legal responsibilities under the Genocide Convention, the Rome Statute, and the interim measures set out by the Court', by ceasing military exports to Israel, demanding an immediate ceasefire, stopping political and diplomatic support to Israel, supporting greater humanitarian aid to Gaza, and ensuring accountability for international crimes occurring across the Occupied Territories.[v]

With the ICJ provisional orders and documented evidence, the Australian Government is now on notice of a possible genocide—and its duty to prevent is clearly animated.

Even though the clock is ticking on this duty, the Australian Government has not elected to apply sanctions on Israel's military or government.

This has left the door open for continued business to support Israel's military supply chain.

The public record shows that despite UN calls to cease support for companies listed as supplying arms to Israel, the Australian Government has signed major contracts and investments with these companies in the past year, including:

The details of such contracts include:

[vi][vii][viii]

[ix]

[x]

The Genocide Risk Reporting Bill 2024 is a crucial step towards fulfilling our international obligations and protecting the integrity of Australian businesses and government actions. But it is also about more than compliance—it is about ensuring that Australia remains a country that values equality before the law, and that provides a safe and welcoming home for people of all cultures and backgrounds.

No group, anywhere in the world, should ever be treated as expendable. No peoples should allow its economic future to be built on the expendability of others. This Bill is a moral test for our Parliament, as billions of dollars are directed into the defence industry and other sectors.

Will we be a nation with clear red lines on genocide, committed to human rights and ethical business practices? Or will we continue to be a nation that prioritises political expediency and corporate interests over the lives and dignity of people?

The choice is clear. I urge all members of this Parliament to rise to this challenge and support this Bill.

————

[ i ] Available: https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-applications-arrest-warrants-situation-state, p. 6.

[ ii ] Ibid.

[ iii ] ICJ, 'Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v Israel)', ICJ, <https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf>, [54].

[ iv ] See, for example: Oxfam, 'Daily death rate in Gaza higher than any other major 21st Century conflict—Oxfam', Oxfam (online, 11 January 2024). Available: https://www.oxfam.org/en/press-releases/daily-death-rate-gaza-higher-any-other-major-21st-century-conflict-oxfam; OCHA, 'Hostilities in the Gaza Strip and Israel | Flash Update #110', OCHA (online, 4 February 2024). Available: https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-110.

[ v ] For example, Human Rights Law Centre, 'ICJ South Africa v. Israel: Human Rights Law Centre statement', Human Rights Law Centre (online), <https://www.hrlc.org.au/news/2024/2/1/icj-south-africa-v-israel-human-rights-law-centre-statement>; Australian Centre for International Justice, 'Australia has a duty to prevent genocide in Gaza and act to implement ICJ ruling that Israel's actions in Gaza are a plausible genocide', Australian Centre for International Justice (online 27 January 2024), <https://acij.org.au/media-release-australia-has-a-duty-to-prevent-genocide-in-gaza-and-act-to-implement-icj-ruling-that-israels-actions-in-gaza-are-a-plausible-genocide/>; International Legal Scholars Against Genocide, 'Open Letter to the Australian government regarding the ICJ provisional measures ruling', The Overland (online 31 January 2024), <https://overland.org.au/2024/02/open-letter-to-the-australian-government-regarding-the-icj-provisional-measures-ruling/>.

[ vi ] Contract worth $110 million https://www.australiandefence.com.au/defence/air/williamtown-f-35-facility-to-expand

Contract worth $160 million https://psnews.com.au/bae-systems-australia-wins-160-million-missile-seeker-contract/148982/ (From 6 days ago)

Contract worth $5.1 billion https://www.reuters.com/business/aerospace-defense/australia-earmarks-billions-naval-infrastructure-bae-wins-aukus-submarine-work-2024-03-21/

https://www.baesystems.com/en/article/3-95bn-awarded-for-next-phase-of-aukus-submarine-programme (The $5.1bn deal is awarded to BAE systems by UK Ministry of Defence and Australia's funding of $3 billion mentioned is not specified towards BAE systems)

In this statement release by BAE Systems, the SSN-AUKUS deal's funding amount is only credited to UK Ministry of Defence https://www.navalnews.com/naval-news/2024/03/australia-selects-bae-systems-and-asc-to-build-ssn-aukus/

[ vii ] Australian Government, Aus Tender, Standing Offert Notice View—SON3945513, (Web page, 10 February 2023) https://www.tenders.gov.au/Son/Show/2f7f8e01-17cc-4c56-b657-d288fbda1bd2; Australian Government, Aus Tender, Standing Offert Notice View—SON3975594, (Web page, 19 June 2023) https://www.tenders.gov.au/Son/Show/8a4a5570-7fbb-4247-9177-b6b5b6a539af; Australian Government Defence, Australian industry and jobs front and centre of AUKUS submarines, (Web page, 22 March 2024) <https://www.minister.defence.gov.au/media-releases/2024-03-22/australian-industry-and-jobs-front-and-centre-aukus-submarines>.

[ viii ] SBS, What do we know about AUKUS?, (Web page, 14 March 2023) <https://www.sbs.com.au/news/article/what-do-we-know-about-aukus/t6vndvinn>

[ ix ] Australian Government, Aus Tender, Standing Offert Notice View—SON3945513, (Web page, 10 February 2023) https://www.tenders.gov.au/Son/Show/2f7f8e01-17cc-4c56-b657-d288fbda1bd2; Australian Government, Aus Tender, Standing Offert Notice View—SON3975594, (Web page, 19 June 2023) https://www.tenders.gov.au/Son/Show/8a4a5570-7fbb-4247-9177-b6b5b6a539af; Lockheed Martin, Lockheed Martin Australia Partners with Australian Army to Sustain UH-60M Black Hawks, (Web page, 2024)

https://lockheedmartinau.mediaroom.com/index.php?s=2429&item=122670; Pat Conroy MP, X Post, (Web page, 16 January 2024) <https://x.com/PatConroy1/status/1747072816367972576>; Pat Conroy MP, X Post, (Web page, 24 April 2024)<https://x.com/PatConroy1/status/1782958426609668587>; Jordy Silverstein, X, Web page, 19 August 2024) <https://x.com/jordana_s_/status/1825491290160857137>

[ x ] Australian Government, Aus Tender, Contract Notice View—CN4005625, (Web page, 26 September 2023) https://www.tenders.gov.au/Cn/Show/49e87a0c-2d6e-446f-8ecd-cc9d50d0e586; Australian Government, Aus Tender, Contract Notice View—CN4005564, (Web page, 26 September 2023)

https://www.tenders.gov.au/Cn/Show/f0860ac0-d850-4a26-8c81-787fc092b7c8; Australian Government, Aus Tender, Contract Notice View—CN2024761-A3, (Web page, 26 March 2024)

https://www.tenders.gov.au/Cn/Show/abed2788-6b23-48b0-90c5-181508ef6ede; Australian Government, Aus Tender, Contract Notice View—CN4005625-A1, (Web page, 5 December 2024)

https://www.tenders.gov.au/Cn/Show/d1f87bf8-26ae-40fb-95f0-f9bb232267d8; Australian Government, Aus Tender, Contract Notice View—CN4042677, (Web page, 26 March 2024) https://www.tenders.gov.au/Cn/Show/2cd82e85-2810-4c09-977d-eb6fd4b42340; Australian Government, Aus Tender, Contract Notice View—CN4026575, (Web page, 4 January 2024)

https://www.tenders.gov.au/Cn/Show/8b441e25-88ab-496f-9277-0fe3aee01555; Australian Government, Aus Tender, Contract Notice View—CN4091117, (Web page, 28 August 2024) https://www.tenders.gov.au/Cn/Show/7127d12a-de2a-4b96-b82b-dd5dabde5db6.; Australian Government, Aus Tender, Contract Notice View—CN4083492-A1, (Web page, 10 September 2024) https://www.tenders.gov.au/Cn/Show/041a9093-aef9-4213-a0b0-bfa449e8439c.; Australian Government, Aus Tender, Contract Notice View—CN4091122, (Web page, 28 August 2024) https://www.tenders.gov.au/Cn/Show/456b8985-2060-4577-8447-b461c6f15e1a; Australian Government, Aus Tender, Contract Notice View—CN4091117, (Web page, 28 August 2024) https://www.tenders.gov.au/Cn/Show/7127d12a-de2a-4b96-b82b-dd5dabde5db6.; Australian Government, Aus Tender, Contract Notice View—CN4091091, (Web page, 28 August 2024)

https://www.tenders.gov.au/Cn/Show/65f824e7-5ecd-4f9d-9692-9c328f23a52a; Australian Government, Aus Tender, Contract Notice View—CN4094217, (Web page, 11 September 2024) https://www.tenders.gov.au/Cn/Show/586d923f-9d9c-4585-98df-fed121fefec8; Australian Government, Aus Tender, Contract Notice View—CN4094208, (Web page, 11 September 2024) https://www.tenders.gov.au/Cn/Show/7baefba0-9570-407f-b377-6b4886a45d84; Australian Government, Aus Tender, Contract Notice View—CN4095934, (Web page, 18 September 2024) https://www.tenders.gov.au/Cn/Show/1bf90108-8b7a-4f69-aa44-0376ae651154

I seek leave to continue my remarks later.

Leave granted; debate adjourned.