Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

On that point of order, to assist the Attorney-General and the committee, I will now be moving directly to my amendments. Unless you feel the need to make a ruling, I intend to do just that. By leave—I move Australian Greens amendments (1), (2), (3) and (4) on sheet 7988 together:

(1) Schedule 1, item 2, page 3 (line 17), after "who", insert "are not performing a continuous combat function or".

[aligning offences with international humanitarian law]

(2) Schedule 1, item 4, page 3 (line 31), after "who", insert "are not performing a continuous combat function or".

[aligning offences with international humanitarian law]

(3) Schedule 1, item 6, page 4 (line 13), after "who", insert "are not performing a continuous combat function or".

[aligning offences with international humanitarian law]

(4) Schedule 1, item 7, page 4 (line 18), after "person", insert "performing a continuous combat function".

[aligning offences with international humanitarian law]

As I indicated in my second reading speech, this is the amendment that we believe is in line with Professor Saul's recommendation to the parliamentary joint committee, to make it clear that only those serving a continuous combat function are members of an armed group. As I said in my second reading contribution, the spirit of international humanitarian law is about protecting civilians. We still maintain, notwithstanding the Attorney's assurances, that this bill seeks to lower the current level of legal protection of potential targets of Australia's military, thereby increasing the likelihood that civilians will be killed, even if they are killed unintentionally.