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

I know the senator has moved a number of amendments together. I would like to make some brief comments on the opposition's position in relation to the amendment on sheet 1144, which I think, from what I can discern, was the subject of the contribution that the senator just made.

Labor opposes the amendment. We acknowledge the presence of foreign forces on Australian soil is, quite rightly, a matter which draws significant public interest and scrutiny, which was in part why Labor asked that this bill be referred to a legislative inquiry—to ensure there were no unintended consequences as a result of the bill's provisions. It's important to note that what is proposed in the bill is neither the automatic grant of immunity to foreign forces nor an automatic approval for their presence on Australian soil. I note that the amended explanatory memorandum states:

… any participation by foreign military or police forces in any domestic civil emergency would remain contingent upon the receipt and acceptance of an appropriate offer by the Commonwealth, as is normal practice. As such, the Bill in no way provides for the automatic participation of foreign forces in domestic civil emergencies. Extension of the proposed immunities to foreign forces would likewise not be automatic and be contingent upon the issuing of a direction by the Minister.

There are important limitations with respect to the proposed immunity, including that it would only apply 'in relation to a protected person's actions (or omissions) that are done in good faith in the performance (or purported performance) of their duties'.

I also note that, during the 2019-20 bushfire season, Australia received assistance from the defence forces of New Zealand, Singapore, Japan, Papua New Guinea, Fiji, Indonesia, Canada and the United States. So, whilst international assistance should not be a substitute for appropriate domestic capabilities—and I note that I referred to this in my speech in the second reading debate—the generous offers of assistance from other countries during those bushfires were most welcome. Where Australia has accepted an offer of foreign forces to assist Australian communities in their time of need, it seems appropriate that a mechanism be available to potentially provide immunity in certain circumstances, noting again that the granting of such immunity would not be automatic—that it would be the subject of an issuing of a direction by the minister and that there are important limitations with respect to the scope of the immunity.