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Wednesday, 15 September 1971
Page: 1395

Mr Whitlam asked the Minister for Foreign Affairs, upon notice:

(1)   On what date did the parties to the SouthEast Asia Collective Defence Treaty designate Cambodia.

(2)   On what date did Cambodia cease to be a designated State.

(3)   On what occasions have the parties consulted on the situation in Cambodia.

Mr N H Bowen (PARRAMATTA, NEW SOUTH WALES) - The answer to the honourable member's question is as follows:

(1)   A Protocol to the South-East Asia Collective Defence Treaty (the 'Manila Treaty'), which entered into force on the same day as the Treaty, namely 19th February 1955, designated Cambodia as a State to which the provisions of Article III and Article IV of the Treats were ici he applicable.

(2)   On 1 1th April 1964 Prince Sihanouk, then Head of State of Cambodia, sent a letter to the SEATO Secretary-General stating that Cambodia ' ategorically refuses (seato) "protection" . . '. and requesting . 'the members of SEATO to acknowledge and to proclaim that (Cambodia) is not included within the boundaries of its zone of intervention'. In a further message dated 11th April 196S Prince Sihanouk asked '. that the members of SEATO formally recognise (Cambodia's) right to refuse protection contrary to its national interests'. The SEATO Secretary-General, in his reply dated 6th May 1965, said that: . . according to Article IV, paragraph 3, of the Manila Treaty no action could be taken on the territory of Cambodia except at the invitation or with the consent of the Royal Cam bodian Government The SEATO members would of course respect this provision of the Treaty and the wishes of the Royal Cambodian Government in this context'

(3)   Discussions within the SEATO Council are confidential to the member governments, except to the extent that they are outlined in the communiques issued by the Council.'

Military Forces: Use in Times of Domestic Violence (Question No. 2364)

Mr Whitlam asked the Prime Minister, upon notice:

(1)   Between what dates and in what terms was the Administrator of the Territory of Papua New Guinea authorised to use the military forces of the Commonwealth.

(2)   Has the Government of a State ever made application under section 119 of the Constitution for the Commonwealth to protect the State against domestic violence.

Mr McMahon - The answer to the honourable member's question is as follows:

(1)   The Order in Council authorising the callout of certain members of the Defence Force in aid of the civil power in Papua New Guinea was made on 19th July 1970 and revoked on 22nd April 1971. The elements of the force could not be used to assist the civil authorities unless requisitioned by the Administrator and, as indicated in the reply on 16th March 1971 by the then Minister for Defence (Hansard, page 888) a requirement was added from September 1970 that before the Administrator could requisition forces he would have to obtain approval from Australian Ministers. See also my reply to a question without notice on the same date (Hansard, page 896).

(2)   This part of the question has required a detailed search of the Commonwealth Archives. From this search it has been ascertained that there has been a number of occasions on which the Commonwealth has received requests from States for assistance in time of civil unrest. In none of these requests was a specific reference made to section 119 of the Constitution. These are the only requests for which records have been located -

1.   In 1916, the Tasmanian Government requested the assistance of troops from the Commonwealth to put down expected disturbances on the occasion of a referendum.

2.   In 1919, the Governor of Western Australia forwarded to the Governor-General a request from the Western Australian Premier for Commonwealth assistance to control expected violence during a wharf strike.

3.   In 1921, the Premier of Western Australia telegraphed the Acting Prime Minister requesting him to 'instruct permanent force to be sent to Perth and be made available to maintain order' in the event that the Western Australian Police were unable to do so during 'labour troubles'.

4.   In 1923, during a police strike, the Premier of Victoria, in a letter to the Acting Prime

Minister, requested the Commonwealth Government to 'arrange for troops to parade the City and take positions' at specified locations, as a 'precautionary measure designed to make an impression and to have a strong force of men available at suitable points ready for instant use if the situation should demand their being called upon in the regular manner'.

5.   In 1928, the Premier of South Australia requested the Commonwealth ' to issue ammunition to the South Australian Police Commissioner for use in case of absolute necessity during a strike. At about the same time, the Premier also made a request for military equipment.

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