Senator ELLISON (Special Minister of State) (1:20 PM) —The root of the answer to Senator Harradine's question is found in section 119 of the Constitution, which states:

The question of domestic violence is really the basis of this proposed legislation—whereby you would have a call-out only if there were domestic violence or a situation which was totally beyond the control of the state or territory authorities concerned. That is described in clause 51C, which deals with a call-out, or clause 51A, which deals with a situation where Commonwealth interests are threatened. But it is very much an extreme situation, Senator Harradine, through you, Madam Chair. The proposed legislation in no way contemplates any scenario where you might have, say, the Australian defence forces involved in assisting the civilian community in the Katherine floods or where there might be an earthquake or some natural disaster of a similar proportion.

This proposed legislation clearly deals with the ADF potentially having to use force. As Senator Faulkner has indicated on behalf of the opposition, that would only be envisaged in those sorts of extreme circumstances. The government are certainly of a similar view. Nonetheless, we have to cater for these potential situations because, if we do not, it would be irresponsible not to. It would be an unhappy situation if it were to happen, but that does not stop us from catering for a situation of necessity such as is contemplated by this proposed legislation. There is a very distinct difference between the ADF helping in a general sense in a natural disaster and where there is domestic violence, referred to in section 119 of the Constitution. I will say for the record that the government oppose any sunset clause for much the same reasons that Senator Faulkner indicated earlier: the regime we have in place is imperfect, it was recognised by the Senate committee to be so, and the operation of the sunset clause would revert it back to this very imperfect situation. For those reasons, and the fact that we think we now have in place a review situation which is adequate, the government will oppose the sunset clause.