Cluster Munitions (Prohibition) Bill 2006
Encyclopedia
The Cluster Munitions Bill 2006 is a bill for an act to ensure that civilians in conflict zones are not maimed, killed or put at risk as a result of Australians possessing, using or manufacturing cluster munitions. Senator Lyn Allison
, leader of the Australian Democrats
, introduced the bill into the Australian Senate
on December 5, 2006. On the same day, she dispersed the contents of a model cluster munition from a balcony at Parliament House, Canberra
, as an educational exercise.
The bill was co-sponsored by Senator Andrew Bartlett
of the Australian Democrats
, Senator Mark Bishop
of the Australian Labor Party
, and Senator Bob Brown
of the Australian Greens
. The Senate Foreign Affairs, Defence and Trade Committee will review the provisions of the bill and has invited submissions from organizations with a possible interest in the bill. It is due to conclude its review in mid-March 2007. A spokesperson from the office of the Minister for Defence indicated that the Australian Government did not intend to support the bill.
(ADF), whether serving in Australia or elsewhere, and whether serving with the ADF or any other defence force, from deploying cluster munitions. Under the bill, a person must not intentionally develop, produce, otherwise acquire, stockpile, retain, transfer, use or engage in military preparations to use cluster munitions, container units or submunitions. A member of the ADF must not engage in military preparations for a member of the defence force of another country to use cluster munitions, container units or submunitions.
The bill extends to acts by an Australian citizen outside Australia and to acts done on board Australian ships and aircraft. The offences set out in the bill do not apply in relation to the clearing of unexploded submunitions, education in relation to cluster munitions, or decommissioning. The bill provides that any Australian citizen or resident in Australia or an external territory may take certain legal steps to ensure that it is properly complied with.
Under the bill, the Minister for Defence must, within three months of the commencement of the Act, table in both Houses of the Federal Parliament a report on stockpiles and a decommissioning plan. Further, he or she must, within one year, decommission all cluster munitions in the possession of the ADF. The minister representing the Minister for Defence in the Senate informed the Senate on December 4, 2006, that Australia does not maintain a stockpile of cluster munitions; however, it did possess a small arsenal from the 1970s through the 1990s.
Lyn Allison
Lynette Fay "Lyn" Allison is an Australian politician. She was a member of the Australian Senate from 1996 to 2008, representing the state of Victoria. She was the last federal parliamentary leader of the Australian Democrats....
, leader of the Australian Democrats
Australian Democrats
The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader...
, introduced the bill into the Australian Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
on December 5, 2006. On the same day, she dispersed the contents of a model cluster munition from a balcony at Parliament House, Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
, as an educational exercise.
The bill was co-sponsored by Senator Andrew Bartlett
Andrew Bartlett
Andrew John Julian Bartlett is an Australian politician. He was formerly an Australian Democrats member of the Australian Senate from 1997 to 2008, representing the state of Queensland. He was the leader of the Democrats from 2002 to 2004, and deputy leader from 2004 to 2008.-Early life and...
of the Australian Democrats
Australian Democrats
The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader...
, Senator Mark Bishop
Mark Bishop
Thomas Mark Bishop , has been an Australian Labor Party member of the Australian Senate representing the state of Western Australia since July 1996. He was born in Adelaide, South Australia and was educated at the University of Adelaide and Harvard University...
of the Australian Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
, and Senator Bob Brown
Bob Brown
Robert James Brown is an Australian senator, the inaugural Parliamentary Leader of the Australian Greens and was the first openly gay member of the Parliament of Australia...
of the Australian Greens
Australian Greens
The Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
. The Senate Foreign Affairs, Defence and Trade Committee will review the provisions of the bill and has invited submissions from organizations with a possible interest in the bill. It is due to conclude its review in mid-March 2007. A spokesperson from the office of the Minister for Defence indicated that the Australian Government did not intend to support the bill.
Effect of the bill if enacted
The bill prevents members of the Australian Defence ForceAustralian Defence Force
The Australian Defence Force is the military organisation responsible for the defence of Australia. It consists of the Royal Australian Navy , Australian Army, Royal Australian Air Force and a number of 'tri-service' units...
(ADF), whether serving in Australia or elsewhere, and whether serving with the ADF or any other defence force, from deploying cluster munitions. Under the bill, a person must not intentionally develop, produce, otherwise acquire, stockpile, retain, transfer, use or engage in military preparations to use cluster munitions, container units or submunitions. A member of the ADF must not engage in military preparations for a member of the defence force of another country to use cluster munitions, container units or submunitions.
The bill extends to acts by an Australian citizen outside Australia and to acts done on board Australian ships and aircraft. The offences set out in the bill do not apply in relation to the clearing of unexploded submunitions, education in relation to cluster munitions, or decommissioning. The bill provides that any Australian citizen or resident in Australia or an external territory may take certain legal steps to ensure that it is properly complied with.
Under the bill, the Minister for Defence must, within three months of the commencement of the Act, table in both Houses of the Federal Parliament a report on stockpiles and a decommissioning plan. Further, he or she must, within one year, decommission all cluster munitions in the possession of the ADF. The minister representing the Minister for Defence in the Senate informed the Senate on December 4, 2006, that Australia does not maintain a stockpile of cluster munitions; however, it did possess a small arsenal from the 1970s through the 1990s.