Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Hansard source

This is not an amendment the opposition will support. We believe the bill appropriately ensures Australia's domestic laws are consistent with changes in international law in relation to the treatment of members of organised armed groups in non-international armed conflict.

The PJCIS did consider the issue that Senator McKim has raised. It is the case that in his submission to the PJCIS, Professor Saul suggested that there should be a continuous-combat-function-based test for membership of an organised armed group. However, the PJCIS considered that the approach taken in the bill, which has a practicable definition of membership as applied to a constrained definition of an organised armed group, will provide appropriate protection for civilians whilst also maintaining the capacity to strike against legitimate military targets. It will also harmonise Australian law with the interpretation of international humanitarian law applied by our key coalition partners and allies.

Question negatived.