Jordon Steele-John (WA, Australian Greens) Share this | Hansard source

by leave—I move Australian Greens amendments (1) to (4) on sheet 1141 together:

(1) Schedule 2, item 4, page 8 (line 14), before "emergency", insert "prescribed".

(2) Schedule 2, item 4, page 8 (line 19), before "emergency", insert "prescribed".

(3) Schedule 2, item 4, page 8 (line 21), before "emergency", insert "prescribed".

(4) Schedule 2, item 4, page 8 (after line 34), after subsection 123AA(3), insert:

(3A) The regulations may prescribe:

  (a) a particular emergency event as a prescribed emergency for the purposes of this section; or

  (b) a kind of emergency as a prescribed emergency for the purposes of this section.

(3B) However, regulations made for the purposes of subsection (3A):

  (a) may only prescribe as an emergency or kind of emergency, an event or occurrence that does not require a protected person to use force or other coercive powers against a person; and

  (b) must not prescribe protest, dissent, assembly or industrial action as an emergency or kind of emergency.

These amendments deal with one of the most serious aspects of the bill. It is our view and, indeed, that of many submitters that a lack of a definition of what could constitute an 'other emergency' leaves the door wide open for the scope of circumstances for using the powers in this bill basically to be whatever the minister would like to define. It is our intention to quarantine the provisions of this bill to the stated purpose of Defence aid to the civil community by outlining what emergencies cannot be; indeed, to make explicit what does not constitute an emergency a situation for the purposes of this bill.

Throughout the course of the inquiry it was made very clear that the lack of a definition of 'other emergency' was grossly insufficient and left the door far too open in terms of interpretation. These amendments should, I quite honestly believe, be a rather uncontroversial proposition for the chamber to consider. Anybody who takes a cursory glance at this legislation would be worried by the vagaries contained within the relevant section. These amendments tidy that up rather neatly and would make great improvements to the legislation. I therefore commend these amendments to the chamber.