Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) Bill 2024

High-Level Summary
The bill proposes to amend the Defence Trade Controls Act 2012 and the Customs Act 1901 to prevent the export of Australian-made defence goods, technologies, and services that may contribute to genocide, war crimes, or crimes against humanity. It aims to align Australia's domestic legislation with its international obligations under the Genocide Convention and the Arms Trade Treaty.

Summary
The bill affects the Defence Trade Controls Act 2012 and the Customs Act 1901 by introducing amendments that incorporate definitions and provisions to prevent the export of defence goods and services that could be used in serious violations of international law. Specifically, it introduces new definitions of 'genocide risk activity' and 'serious violation of international law,' ensuring that Australian exports do not contribute to such acts. The bill mandates that the Minister cannot grant permits for export activities that pose a risk of these violations and must revoke permits if such risks are identified. Additionally, it requires the Minister to prohibit exports to countries where the International Court of Justice has identified a real and imminent risk of genocide. From the explanatory memo:
The Bill recognises the urgent need to respect and promote the prevention and punishment of genocides and related atrocity crimes in Australia and across the world.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Pro-Democracy
  3. Environmentalism

The bill should be supported because it enhances Australia's commitment to international human rights standards by preventing complicity in genocide and related crimes. It ensures that Australian-made defence goods and technologies are not used to violate fundamental human rights, aligning with the principles of non-discrimination and promoting global democratic values. The bill also strengthens Australia's role in international efforts to prevent genocide and atrocity crimes [Judgment]. By integrating these safeguards, the bill promotes a more ethical and responsible export regime, contributing to global peace and stability.


Argument Against
Normative Bases
  1. Propertarianism
  2. National Prestige/Patriotism

The bill should be opposed because it could potentially limit Australia's ability to engage in international trade and defence collaborations, impacting national economic interests. By imposing stringent controls, the bill may hinder the competitiveness of Australian defence exports, affecting jobs and economic growth [Judgment]. Furthermore, the bill could be perceived as an overreach of legislative power, imposing unnecessary restrictions on Australian businesses and impacting the nation's global standing in the defence industry.


Date:

2024-11-28

Status:

Before Senate

Sponsor:

THORPE, Sen Lidia; PAYMAN, Sen Fatima

Portfolio:

Unspecified

Categories:

National Security, Defence, Discrimination / Human Rights

Timeline:
28/11/2024

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