Mark Bishop (WA, Australian Labor Party, Shadow Minister for Defence Industry, Procurement and Personnel) Share this | Hansard source

I move opposition amendment (1) on sheet 4827:

(1)    Schedule 6, item 13, page 47 (line 13), after subsection 51WA(4), insert:

Note:                It is not intended that this section or Act restrict or limit the power of State or Territory police to investigate any criminal acts done, or purported to be done, by Defence Force members when operating under Part IIIAAA of this Act.

I will speak very briefly to this amendment. On 7 February, the shadow minister for defence, Mr McClelland, wrote to the new Minister for Defence, Dr Nelson, requesting government consideration of an ALP amendment which seeks the insertion of a note in the bill in relation to the investigation of ADF members who commit an offence when operating under part IIIAAA of the act. We sought the inclusion of a note stating:

It is not intended that this section or Act restrict or limit the power of State or Territory police to investigate any criminal acts done, or purported to be done, by Defence Force members when operating under Part IIIAAA of this Act.

Dr Nelson responded: ‘As this note reflects the government’s intent and would be seen to state explicitly what is already implicit in the legislation, I agree.’ My understanding is that the amendment moved by the opposition is acceptable to the government. It is self-explanatory.