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Thursday, 30 October 2003
Page: 17304


Senator FAULKNER (Leader of the Opposition in the Senate) (2:45 PM) —My question is directed to Senator Hill, the Minister for Defence. I refer to the minister's response to my question regarding the provisions of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 and the role of an Australian company in the export of aluminium tubes destined for Iraq. Can the minister confirm that the WMD act specifically applies `to the provision of services external to Australia' as stated in the Information guide for industry and the general public, published by his department in April 2002? Can the minister explain why the provisions of this act were not applied to the Australian company if there was a genuine belief that these goods might be used in a weapons of mass destruction program? Why did the minister yesterday refer only to the guidelines of the international Nuclear Suppliers Group, while completely ignoring the provisions of the weapons of mass destruction act?


Senator HILL (Minister for Defence) —What I answered yesterday related to the question that was asked of me. In relation to the question that is being asked today, I will seek further legal advice and respond in due course.


Senator FAULKNER —Mr President, I ask a supplementary question. I would appreciate a full response to this question. It ought to have been provided when asked on Tuesday. I ask the minister something he should know because this is a matter for his ministerial responsibility. Is it correct that the final decision in these cases `rests with the Minister for Defence' as defence guidelines state? Can he at least confirm that? If there was the slightest suspicion about the purpose of these tubes, why then did the minister not exercise his clear ministerial responsibility? This is your responsibility, Minister. You should be able to answer these questions.


Senator HILL (Minister for Defence) —It is not my responsibility, because I was not the minister at the time. However, the minister of the time did sign off on the process that was adopted.