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

No, we do not believe that there is such a tension. I think the matter is dispelled by the opening words of 21(3), which says 'notwithstanding the provisions of article 1 of this convention' and then it continues. I think 'notwithstanding the provisions of article 1 of this convention' makes plain that 21(3) is describing an exception and, as I said before, 21(4) is then limiting that exception. I would also make the point, one I made earlier, that in the legislation the bill's 72.41 is of course using the same language as is found in the convention.