Nick Xenophon (SA, Independent) Share this | Hansard source

I will make a final contribution because there may not be another opportunity. I support this amendment as I have the other Greens amendments. But these amendments have failed, so I cannot in good conscience support this bill. This bill gives a veneer of respectability to a quite indecent set of arrangements. The defences contained in this bill basically give the United States carte blanche to use cluster munitions. The convention, which Australia has signed up to, is clear and quite explicit: its purpose is to get rid of cluster munitions—the submunitions and the ordnance that do not explode—because of the devastating impact they have. In some cases, 30 per cent of cluster munitions fail to explode, and five per cent of American-made cluster munitions fail to explode. My concern is that there are so many loopholes and so many outs in this current bill that the bill is rendered largely ineffective.

I pay tribute to Senator Ludlam for the tireless and tremendous work that he has done on this legislation. He has flown the flag for those groups who have genuine concerns and are basically saying that this legislation is worse than nothing because it gives a veneer of respectability to a very indecent industry—that is, the manufacture of cluster munitions. Last night in the Senate we had an extensive debate about the sorts of defences that could be used in the legislation, and I do not think the responses were satisfactory. I do pay tribute to Senator Feeney, who flew the flag for the government last night; I think that Senator Ludwig has only recently taken over.

This legislation does not do what it purports to. There are so many loopholes, so many outs, so many exemptions and so many defences that it really is an insult to the convention to which Australia has signed up to ban cluster munitions.

The CHAIRMAN: The question is that section 72.42 stand as printed.

Bill agreed to.

Bill reported without amendments; report adopted.