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

Firstly, Senator Xenophon, with regard to your first question, I hope I can give you comfort insofar as the wording found in paragraphs 3 and 4 of article 21 of the convention is concerned. The wording of those parts of the convention is then reproduced in the bill, in 72.41. The government would submit that we have kept faith with the convention by using the same wording and the same phraseology.

With regard to your second question, JSCOT did not have a subsequent inquiry as I understand it, but the government did pay careful attention and consideration to JSCOT's recommendation regarding the definition of certain terms used in the convention. The government's view is that these terms should be read according to their plain English meaning. These terms are used in the convention but are not defined. In accordance with principles of treaty interpretation and as stated in the explanatory memorandum to this bill, these terms must be read in accordance with their ordinary meaning. Consequently, it was not necessary to define these terms in here.