8th Dec 2020, 8:55 PM – Senate Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020 - in Committee - Prescribed emergencies

The majority voted against amendments introduced by WA Senator Jordon Steele-John (Greens), which means they failed.

What did the amendments do?

Senator Steele-John explained that:

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.

Amendments text

(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.