David Feeney (Victoria, Australian Labor Party, Parliamentary Secretary for Defence) Share this | Hansard source

Again, all I can really do is commend the wording of proposed section 72.41 to you. As I said in my answer earlier, notwithstanding the interoperability provisions, it will be an offence for a person to use, develop, produce, acquire, stockpile or retain cluster munitions even in the course of combined operations with countries that are not a party to the convention. That is obviously deeply significant. It is an offence for a person to use, develop, produce, acquire, stockpile or retain cluster munitions even when engaged in combined operations. The interoperability defence will also not apply if a person expressly requests the use of cluster munitions in a situation where the choice of munitions used is within Australia's exclusive control.