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2000
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
DEFENCE LEGISLATION
AMENDMENT
(AID TO CIVILIAN AUTHORITIES) BILL
2000
SUPPLEMENTARY
EXPLANATORY
MEMORANDUM
Amendments and new clauses to be Moved
on Behalf of the Government
(Circulated by the
authority of the Minister for Defence,
the Hon. John
Moore MP)
ISBN: 0642 451753
Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2000
This Bill will add new provisions to the Defence
Act 1903 to enable the utilisation of the Defence Force in assisting the
civilian authorities to protect Commonwealth interests and States and
Territories against domestic violence. The Bill was introduced in the House of
Representatives on 28 June 2000. It was referred to the Senate Standing
Committee on Foreign Affairs, Trade and Defence for inquiry and report. After
receiving oral and written submissions the Committee tabled its report on 16
August 2000, making a number of
recommendations.
The Government amendments to the
Bill aim to address the Committee’s recommendations and to rectify a minor
drafting inconsistency.
FINANCIAL IMPACT
The amendments will have no impact
on Commonwealth expenditure or revenue.
.
Defence Legislation
Amendment
(Aid to Civilian Authorities) Bill
2000
1. Amendment 1 will include a definition of “Presiding
Officer”. It is defined to mean the President of the Senate or the Speaker
of the House of Representatives.
2. Amendment 2 amends subsection 51A(2) of the Bill by
extending the existing industrial relations proviso which prohibits the use of
the Emergency and Reserve Forces called out at the initiative of a State, to a
Commonwealth initiated call out.
Amendment
3
3. Amendment 3 amends section 51A by
including new subsection (8A) to provide that as soon as it is reasonably
practicable after an order is made or revoked, an authorising minister must
arrange for the Government of the State or the self-governing Territory
specified in the order, to be notified of the making or the revocation of the
order. A failure to notify will not, however, affect the validity of the making
or the revocation of the order.
Amendment
4
4. Amendment 4 amends section 51B of the Bill
to include the words “utilise the Defence Force” after the words
“directed to” in paragraph (1)(b). This will make the wording in
sections 51A, 51B and 51C consistent.
Amendment
5
5. Amendment 5 amends subsection 51C(2) of
the Bill by extending the industrial relations proviso which prohibits the use
of the Emergency and Reserve Forces called out at the initiative of a State, to
a Territory initiated call out.
Amendment
6
6. Amendment 6 omits the words “the
authorising Minister, or a Minister (whether or not one of the authorising
ministers) authorised in writing by them” with “an authorising
Minister”. Section 51I provides for powers for the Defence Force to
recapture premises and in connection therewith, free hostages, evacuate persons,
etc. This amendment will make it clear that only one of the authorising
Ministers (the Prime Minister, the Attorney-General or the Minister for Defence)
may authorise a deliberate assault under section
51I(2).
Amendment
7
7. Section 51X requires the Minister to
arrange for publication of orders, declarations and reports on the utilisation
of the Defence Force. It provides that the publication must take place in a
number of ways including tabling in Parliament. Amendment 7 is a technical
amendment to facilitate the amendments discussed in paragraph 9 below.
Amendment
8
8. This amendment mirrors amendment 7, by
replacing the words “publication to take place” with
“presentation to
Parliament”.
Amendment
9
9. Amendment 9 will substitute subsections
51X(3) and (4) which expand on the publication requirements referred to in
paragraphs 7 and 8 above. New subsection (3) will detail the requirements for
reporting to Parliament. It will provide that presentation to Parliament of the
report on the use of the Defence Force will be in accordance with the section if
the report is fowarded to the Presiding Officer of each House
–
• if the House sits before the end of
7 days after the order ceases to be in force - for tabling in that House before
the end of that 7 days; or
• if not, before the
end of the 7 days for distribution to all Senators or Members of the House of
Representatives.