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Chapter 1
Introduction
Background
1.1
The Hon Joel Fitzgibbon MP, Minister for Defence, introduced the Defence
Legislation (Miscellaneous Amendments) Bill 2008 (the Bill) in the House of
Representatives on 3 December 2008. On the following day, the Senate referred
the provisions of the Bill to the Standing Committee on Foreign Affairs,
Defence and Trade for inquiry and report by 20 February 2009.
Purpose of the Bill
1.2
The Bill has three schedules. The purpose of the Bill is:
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To amend the Geneva Conventions Act 1957 to
incorporate the Third Additional Protocol to the Geneva Conventions. This
protocol establishes a third universal and distinctive emblem called a 'red crystal'
for the Red Cross/Red Crescent Movement. The Bill also amends the Criminal
Code Act 1995 to ensure that this new emblem is covered by existing
offences relating to the improper use of emblems of the Geneva Conventions.
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To amend the Defence Act 1903 to enable the making of
regulations to cover the provision of medical and dental treatment to an Australian
Defence Force (ADF) member or cadet, or a member of the family of an ADF
member.
-
To amend the Defence (Special Undertakings) Act 1952 to
provide that the Joint Defence Facility Pine Gap is a special Defence
undertaking and a prohibited area.
Submissions
1.3
The committee advertised the inquiry on its website and in The
Australian on 17 December 2008 and 28 January 2009. The committee wrote to
the Minister for Foreign Affairs, the Attorney-General, and the Minister for
Defence, inviting them or their departments or related agencies to make a
submission. A number of other organisations, commentators, academics and
stakeholders were also contacted and invited to make submissions to the
inquiry.
1.4
The committee received 11 submissions, which are listed in Appendix 1. The
committee agreed that, based on the submissions, a public hearing was not
required but wrote to the Department of Defence seeking advice on, or
clarification of, a number of matters raised in the submissions. The responses
to these written questions on notice are included at Appendix 2.
Scrutiny of Bills Committee
1.5
The Senate Standing Committee for the Scrutiny of Bills considered the Bill
but had no comments to make.[1]
Acknowledgement
1.6
The committee thanks those who assisted with the inquiry, especially the
Department of Defence (Defence) for its promptness in responding to the committee's
written questions.
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