Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I rise to speak on the Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024. The coalition does not support the bill. Let me take the Senate through the reasons as to why. In technical terms, what the bill will do, if it was passed through the Senate, is remove what is a longstanding feature of our common law where the Attorney-General of Australia, as Australia's first law officer, must consent to the prosecution of certain serious crimes. These are crimes of the highest order, including genocide, crimes against humanity and war crimes. As I said, these are serious crimes.

As with other offences, the decision to initiate a prosecution for any such offence would, of course, be made independently either by the DPP or by a person seeking to commence a private prosecution. Given the serious nature of these crimes, almost invariably, however, these crimes raise important considerations relevant to Australia's national security, foreign relations and matters of international law that govern the actions of nation states. Therefore, legal proceedings in respect of these alleged offences may directly impact the interests of all Australians. It is therefore entirely appropriate that the executive government, through the Attorney-General, have the opportunity to consider the impact of any such prosecution on the national security and foreign relations interests of all Australians. That is what this bill seeks to remove. So everything I just said in relation to—