Jan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary to the Minister for Health and Ageing) Share this | Hansard source

In summing up the debate on the Defence Legislation (Miscellaneous Amendments) Bill 2008, I want to thank all participants in this debate from all sides—and I know that they were not all singing from the same song sheet—for the very informed contributions that each senator has made to this discussion.

The bill amends three separate acts. The first set of amendments amend the Geneva Conventions Act 1957 to specifically incorporate a reference to and description of the red crystal emblem and a reference to protocol III in part IV of that act and annexing protocol III as a schedule to that act. The bill further amends the Criminal Code Act 1995 to specifically incorporate protocol III and the red crystal in the dictionary to the Criminal Code and ensures that improper use of the red crystal is caught by the offence of improper use of the emblems of the Geneva convention. The amendment also ensures that the new emblem is used only with the consent of the Minister for Defence.

The red crystal will be of significant benefit to combat zones to help secure the safety of eligible humanitarian workers from all countries, regardless of their location or political situation. Incorporation of protocol III would be consistent with Australia’s longstanding support for the Geneva conventions and their additional protocols. The new emblem is unlikely to be used in Australia for either indicative or protected purpose, given the longstanding recognition accorded to the red cross emblem. The new emblem may, however, be used by the ADF in certain regions overseas. Incorporation would further demonstrate and enhance Australia’s credentials in international humanitarian law. It would also enable Australia to encourage states, both within our region and beyond, that are not yet a party to the protocol to ratify it.

The second set of amendments are to the Defence Act 1903 to explicitly enable the making of regulations to cover the provision of medical and dental treatment, including pharmaceuticals, to an ADF member or cadet or member of the family of an ADF member. The amendments to section 124 of the act enable a more comprehensive regime in the Defence Force regulations. In relation to pharmaceuticals, it is intended that the regulations will cover the possession, storage, supply, dispensing and administration of schedule pharmaceuticals by ADF pharmacists, ADF medics, ADF nurses and civilian health professionals engaged by the ADF. The effects of the amendments would be to create a regime that would ensure that the ADF and its members are not hindered in the uniform application of their duties overseas by competing state and territory laws.

The third issue covered in the bill relates to the Defence (Special Undertakings) Act 1952 to explicitly provide that the Joint Defence Facility Pine Gap is a special defence undertaking and a prohibited area. The bill will insert a purposive clause to make it clear that the defence power is not the only constitutional basis relied upon to support the act. These protections are essential to a facility of such sensitivity and importance to Australia’s defence and external relations to deter mischief makers and those with more sinister intent. I once again thank honourable senators for their support for the bill and commend it to the chamber.

Question agreed to.

Bill read a second time.