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

The bill gives effect to the convention in Australian law and is guided and limited by the convention. The bill provides that a person or entity commits an offence if they intentionally assist, encourage or induce a person or entity to develop or produce cluster munitions. This offence would, for example, apply to a person who intentionally provides financial assistance to an entity so that the entity can develop or produce a cluster munition. However, accidental or innocent acts of assistance, encouragement or inducement will not fall within the offences in the bill.

For example, the person who contributes to a superannuation fund which includes investments in companies that may develop or produce cluster munitions would not fulfil the elements of the offence in the bill. The offences in the bill utilise the criminal code standard fault element of intention. The standard fault element should be applied unless there is a reason to depart from it.