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CRIMINAL CODE AMENDMENT (CLUSTER MUNITIONS PROHIBITION) BILL 2010

Order of the day read for the further consideration of the bill in committee of the whole.

In the committee

Consideration resumed of the bill.

Bill further debated.

Senator Ludlam moved the following amendment:

 Schedule 1, item 1, page 3 (line 28), omit paragraph 72.38(2)(c), substitute:

 (c) the first person knew or should have known that the act would be done.

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Senator Ludlam moved the following amendment:

 Schedule 1, item 1, page 3 (after line 29), after subsection 72.38(2), insert:

  (2A) An entity regulated by the Australian Securities and Investments Commission or by the Australian Prudential Regulation Authority commits an offence if it directly or indirectly:

 (a) provides funds to a person or an entity; or

 (b) invests funds in an entity;

   
involved in the development or production of cluster munitions or explosive submunitions.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 10

Senators—

Di Natale

Hanson-Young

Ludlam

Milne

Rhiannon

Siewert (Teller)

Waters

Whish-Wilson

Wright

Xenophon

NOES, 32

Senators—

Back (Teller)

Bernardi

Bishop

Boyce

Brandis

Brown

Bushby

Cameron

Carr, Bob

Colbeck

Crossin

Edwards

Farrell

Feeney

Furner

Gallacher

Hogg

Johnston

Ludwig

Lundy

Marshall

McEwen

McKenzie

McLucas

Moore

Pratt

Singh

Smith

Stephens

Thistlethwaite

Thorp

Urquhart

Question negatived.

Senator Ludlam moved the following amendment:

 Schedule 1, item 1, page 4 (lines 18 and 19), omit "to acquire or retain specified cluster munitions", substitute "to acquire or retain the minimum number of cluster munitions absolutely necessary".

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Senator Ludlam moved the following amendment:

 Schedule 1, item 1, page 5 (after line 7), at the end of section 72.39, add:

  (6) The Minister must submit an annual report to the Secretary-General of the United Nations for each calendar year during which cluster munitions are retained or acquired under subsection (2) or transferred under subsection 72.40(1).

  (7) A report under subsection (6) must include, but is not limited to, information on:

 (a) in the case of cluster munitions retained or acquired under subsection (2):

 (i) the proposed purpose or purposes for which the cluster munitions have been acquired or retained;

 (ii) the type, quantity and lots numbers of cluster munitions that have been acquired or retained;

 (iii) if the cluster munitions have been used for a purpose—the purpose for which the cluster munitions have been used; and

 (b) in the case of cluster munitions transferred under subsection 72.40(1):

 (i) the name of the party to which the cluster munitions have been transferred;


 (ii) the type, quantity and lots numbers of cluster munitions that have been transferred.

  (8) A report under subsection (6) must be submitted by 30 April of the following year.

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Senator Ludlam moved the following amendment:

 Schedule 1, item 1, page 6 (lines 7 to 31), omit section 72.41, substitute:

  

72.41 Defence—participation by Australians in military cooperation with countries not party to Convention on Cluster Munitions

   A person who is an Australian citizen, is a member of the Australian Defence Force or is performing services under a Commonwealth contract does not commit an offence against section 72.38 by merely participating in military cooperation or operations with a foreign country that is not a party to the Convention on Cluster Munitions.

   Note 1: A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3).

   Note 2: The expression offence against section 72.38 is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(2).

   Note 3: This section relates to paragraphs 3 and 4 of Article 21 of the Convention on Cluster Munitions.

Debate ensued.

At 2 pm: The President resumed the chair and the Chair of Committees (Senator Parry) reported progress.