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

No, very similar, and I did protect your dignity with my characterisation of your question there. Notwithstanding the interoperability defence, 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. This 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. Senator, you might recall I used some examples, to the extent that I was able to, where ADF personnel will be able to continue to participate in a variety of roles when involved in combined operations with countries not party to the convention who may use cluster munitions as is permitted by article 21 of the convention. I talked about ADF personnel being able to hold senior positions in combined headquarters and participate in mission planning. ADF personnel would still be able to be used in intelligence, logistics and other support roles in combined operations. ADF personnel may also be deployed to operate with countries not party to the convention or to provide logistical support to non-state party forces. Where necessary, deployed ADF combat units would also be able to call for fire support—air, artillery or naval gunfire—from countries not party to the convention as long as the ADF personnel do not expressly request the use of cluster munitions in a situation where the choice of munitions to be used is within their exclusive control. So aside from those undertakings I am afraid I cannot assist you further.