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

The government does not support the proposed amendment as we believe it is not necessary to include this requirement in the legislation. Article 9 of the convention allows state parties to take legal, administrative or other measures to implement the convention including the creation of regulations. The government intends to reflect the minimum number requirements in regulations that we believe are an appropriate way to implement the convention. The regulations will reflect the requirement of the convention that the amount of explosive submunitions retained or required by a state party shall not exceed the number absolutely necessary for the purposes permitted in the convention and, Senator, you have spoken to those.

Factors that must be taken into account in decision making, such as the minimum number requirement, can be included in regulations rather than legislation. Proposed subsection 72393 states that regulations may prescribe the requirements relating to authorisation by the minister under subsection 72392. The regulations will reflect the requirement in paragraph 6 of article 3 of the convention that the amounts of explosive munitions retained or acquired by a state party shall not exceed the minimum number absolutely necessary for the purposes permitted in the convention. As you have said, Senator, those purposes are the development of and training in cluster munitions detection, clearance or destruction techniques and the development of cluster munitions countermeasures. These permitted purposes are the same purposes for which an authorisation can be granted under section 7239 of the bill.