Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

Australia has consis­tently been a leading supporter of the Convention on Cluster Munitions and was one of its first signatories in December 2008. In March the Senate Foreign Affairs, Defence and Trade Legislation Committee recommended that parliament pass the government's legislation to ban cluster munitions in Australia. The bill ensures that all conduct that is prohibited by the convention is the subject of a criminal offence under Australian law and introduces tough penalties against using, developing, producing, stockpiling or transferring a cluster munition, including a maximum sentence of 10 years imprisonment for individuals or a $330,000 fine for body corporates. The bill will also allow Australia to continue to undertake military cooperation and operations consistent with the convention with allies and partners that have not signed the convention.

The Senate committee's report acknowledges that the ability to undertake such operations is essential to Australia's national security and international security, including participation in UN mandated missions. This is also the view of Australia's other allies, including the United Kingdom, Canada and France. Once all measures to give effect to the convention are in place, Australia will move as quickly as possible to ratify the convention. Question put:

That the motion ( Senator Ludlam ' s), as amended, be agreed to.

The Senate divided. [12.07 pm].

(The President—Senator the Hon. JJ Hogg)

Question negatived.