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Monday, 4 September 2000
Page: 17247


Senator FAULKNER (Leader of the Opposition in the Senate) (5:50 PM) —These particular amendments, and the one we have been giving consideration to on industrial disputes, do warrant a comment from the opposition. Let me make one now, going to amendments Nos 5, 7 and 9 and, also, to the similar matter in relation to industrial disputes that was quickly dealt with before. Amendments Nos 4 and 8 essentially replicate the amendments that were moved by the government on this matter in line with the Senate committee's recommendations. I made clear to the committee—but let me state it again—that the opposition will be moving a separate amendment to clause 51G of the bill to prevent any Defence Force personnel being used to stop or restrict protest, dissent, assembly or industrial action. We believe that is vital to safeguard civil liberties. We believe the opposition's approach will be more effective in protecting civil liberties than will be the approach that Senator Brown is currently pursuing in this committee.

The bill as it stands does not in fact allow for troops to be called out to deal with peaceful protests and dissent. The opposition's amendment will ensure that, even if troops have been called out, they will not be able to stop or restrict protests or industrial action that do not pose a threat of injury or death. That is an important distinction, and I would ask the committee to give that distinction some consideration. We consider that our approach is more effective in protecting civil liberties, and that is why we have determined not to support the amendments now before the chair and the previous amendment. The opposition consider that the word `peaceful' is simply too vague a qualification to use in attempting to prescribe the use of defence forces in protest or civil disobedience. I believe—and I think a strong argument can be mounted for this—that the opposition's approach will be much more effective in protecting civil liberties. For that reason we are pursuing our alternative approach, and for that reason we are not supporting these amendments before the chair.