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Thursday, 31 August 2000
Page: 17049


Senator ELLISON (Special Minister of State) (10:36 AM) —For the record, it is clearly the intention of this legislation that subsection (3) be in addition to subsection (2). The factual situation that might be relied on is somewhat complex. I will put it this way: if, in a terrorist situation, the authorities had them at bay and one of the terrorists tried to escape to get to a position—say, up a parapet—to fire down on the crowd, that person could be termed as escaping to get to a different situation in order to inflict more harm. In the Munich situation, one of the terrorists ran away from the police to throw a grenade into a helicopter to kill the athletes who were inside it. In that situation a person was escaping from the police to do some harm. It is a situation that could be envisaged here: a terrorist could be escaping to get to another position to fire back from. The ADF member is in a situation where there is a threat and where the provisions of (2) are being met. On the face of it, one might say that the person is running away and that there is no more threat, but they are running away to another position to increase the threat, and that is what is being envisaged here. For the record, the intention is clearly that (3) be read in addition to (2).