Last year the Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill was passed. Some have said it will allow foreign tanks to roll down Australian streets and be immune to liability. This is simply untrue. When reading all of the bill, we see that this is more about fighting bushfires than foreign troops and they DO NOT get immunity for any act of aggression against Australians. – from Senator Malcolm Roberts
One Nation Party, parliament, Pauline Hanson
Hi daviddd2,
I read it as:
1 (a) …provision of assistance… to:
(i)…,…,…; or
(ii) members of the community;
Alison:
(a) the duties are in respect of the provision of assistance, by or on behalf of the ADF or the Department, to:
(i) the Commonwealth or a State or Territory, or a Commonwealth, State or Territory authority or agency; or…
I believe you’re missing the critical difference between “AND” and “OR””.
NOTHING in the bill prevents the use of force in ANY emergency, natural disaster or OTHER emergency. If what you suggest is the only interpretation then it should be titled a “natural disaster emergency relief bill”. There’s Nothing like not being clear and upfront if you want to muddy the waters, is there.
As it stands, we have to place “our trust” in the Minister. Good luck with that.
daviddd2,
regarding “defence assistance to the civil community” in the bill, please see under Schedule 2—Immunity. I think that this is covered under these points.
123AA Immunity in relation to certain assistance
(1) A protected person (see subsection (3)) is not subject to any liability (whether civil or criminal) in respect of anything the protected person does or omits to do, in good faith, in the performance or purported performance of the protected person’s duties, if:
(a) the duties are in respect of the provision of assistance, by or on behalf of the ADF or the Department, to:
(i) the Commonwealth or a State or Territory, or a Commonwealth, State or Territory authority or agency; or
(ii) members of the community; and
(b) the assistance is provided to prepare for a natural disaster or other emergency that is imminent, or to respond to one that is occurring or recover from one that occurred recently; and
(c) the assistance is provided at the direction of the Minister under subsection (2).
(2) The Minister may, in writing, direct the provision of assistance in relation to a natural disaster or other emergency if the Minister is satisfied of either or both of the following:
(a) the nature or scale of the natural disaster or other emergency makes it necessary, for the benefit of the nation, for the Commonwealth, through use of the ADF’s or Department’s special capabilities or available resources, to provide the assistance;
“The committee welcomes the Minister’s advice…. that Reserve call out orders in relation to defence assistance to the civil community do not authorise the use of force or coercive powers.”
Classic gobbledygook, instead of relying on the text of the bill we are supposed to rely on ministerial explanation and memoranda which are not worth the toilet paper they are written on. Might as well have jotted it down on a beer coaster like the NBN plans.
From memory, I cannot recall that there is any mention of “defence assistance to the civil community” in the bill.
If the bill prohibits or does not envisage force or coercive powers in “other emergency” it should clearly state so. It was open to them all to make sure it did so.
The use of power or force or coercion is implicit in the ministerial power; as such there is NOTHING that prohibits it and it does NOT require special authorisation.
Anything else is gullibility at best.
Re the Defence Legislation Amendment (Enhancement of Defence Force response to Emergencies) Bill, 2020
History of the Bill:
Mr Hawke (Assistant Defence Minister) presented a Bill for an Act to amend the law relating to the Australian Defence Force, and for related purposes into House of Representatives on 3 September 2020
The bill finally passed both Houses – 08 Dec 2020
And received Royal Assent on 17 December 2020
https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fvotes%2F1bb2f0ac-d07f-4623-a948-f1a5d914beea%2F0010;query=Id%3A%22chamber%2Fvotes%2F1bb2f0ac-d07f-4623-a948-f1a5d914beea%2F0000%22
Some Standing Committee for the Scrutiny of Bills comments:
2.30 The committee welcomes the Minister’s advice:
– that a replacement explanatory memorandum has been tabled
– that Reserve call out orders in relation to defence assistance to the civil community do not authorise the use of force or coercive powers
– that similarly a protected person subject to a direction relating to assistance under subsection 123AA(2) does not have the power to use force or coercive powers
– that this information is included in the replacement explanatory memorandum.
2.31 The minister also advised:
– there are numerous opportunities for Parliament to consider and debate call-out orders even if the orders are not tabled
– the defence annual report will generally include information on significant defence assistance to the civil community.
– the replacement explanatory memorandum clarifies that the term ‘other emergency’ takes its ordinary meaning for the purposes of the bill.
– the range of criminal offences to which immunity from criminal liability applies is narrow
– and is important to protect ADF members and protected persons performing their duties in good faith
– that the immunity in proposed section 123AA does not extend to the Commonwealth as a whole
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6594
THE CLAUSE
123AA Immunity in relation to certain assistance
(1) A protected person (see subsection (3)) is not subject to any liability (whether civil or criminal) in respect of anything the protected person does or omits to do, in good faith, in the performance or purported performance of the protected person’s duties, if:
(a) the duties are in respect of the provision of assistance, by or on behalf of the ADF or the Department, to:
(i) the Commonwealth or a State or Territory, or a Commonwealth, State or Territory authority or agency; or
(ii) members of the community; and
(b) the assistance is provided to prepare for a natural disaster or other emergency that is imminent, or to respond to one that is occurring or recover from one that occurred recently; and
(c) the assistance is provided at the direction of the Minister under subsection (2).
(2) The Minister may, in writing, direct the provision of assistance in relation to a natural disaster or other emergency if the Minister is satisfied of either or both of the following:
(a) the nature or scale of the natural disaster or other emergency makes it necessary, for the benefit of the nation, for the Commonwealth, through use of the ADF’s or Department’s special capabilities or available resources, to provide the assistance;
(b) the assistance is necessary for the protection of Commonwealth agencies, Commonwealth personnel or Commonwealth property.
(3) Each of the following is a protected person:
(a) a member of the Defence Force;
(b) an APS employee in the Department;
(c) a person authorised under subsection (4) to perform duties in respect of the provision of assistance mentioned in subsection (1).
(4) The Chief of the Defence Force, or the Secretary, may, in writing, authorise a person, or each person in a class of persons, to perform duties in respect of the provision of assistance mentioned in subsection (1), if the person, or each person in the class of persons, is any of the following:
(a) an APS employee or other employee of the Commonwealth or a Commonwealth authority or agency;
(b) a member of the naval, military or air force of a foreign country, or a member of a foreign police force (however described).
(5) The Minister may, in writing, delegate the Minister’s power to make a direction under subsection (2) to the Chief of the Defence Force or the Secretary.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(6) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.
(7) A direction made under subsection (2) is not a legislative instrument.
(8) This section does not prevent assistance being provided by or on behalf of the ADF or the Department in circumstances where a direction has not been made under subsection (2).
ABOUT:
The REPLACEMENT EXPLANATORY MEMORANDUM. It includes:
– The mechanism Defence uses for providing assistance in a natural disaster or other
emergency (not requiring the use of force) is the Defence Assistance to the Civil Community
(DACC) policy.
– For the avoidance of doubt, references in this Bill’s provisions to assistance in relation to a natural disaster or other emergency relate only to DACC and, as a consequence, do not authorise the use of force or other coercive powers, beyond what is available to any other member of the community (such as in self-defence).
– and providing ADF members, other Defence personnel and members of foreign forces
with similar immunities to State and Territory emergency services personnel in
certain cases while performing duties to support civil emergency and disaster
preparedness, recovery and response (Schedule 2)
– The Bill does not authorise the use of force or other coercive powers. ADF
members providing assistance in accordance with the DACC policy are not permitted to use
force, beyond what is available to any other member of the community (such as in selfdefence).
https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;page=0;query=BillId:r6594%20Recstruct:billhome
From the Debates:
“As a consequence, there is now a firm statement that all references in the bill’s provisions to assistance in relation to a natural disaster or other emergency relate only to Defence assistance to the civil community and thus, as a consequence, does not authorise the use force or other coercive powers. There is also a confirmation the proposed immunity provisions apply only to individual Defence members and not to the Commonwealth, so there is still an avenue for remedy should a member of the public suffer loss or damage as a result of assistance rendered by Defence. It is also explicit that immunity is not automatic for both foreign and domestic forces.”
“What is also clear is that if defence personnel or foreign forces act in bad faith in any way
then they would lose their immunity immediately and would be subject to prosecution under
Australian law”.
https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?bid=chamber/hansards/f2c5c3be-0fb8-4db1-9392-dba6ced55207/&sid=0226
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6594
Importantly:
Commonwealth of the Australian Constitution
Section 51(vi) and the Australian States
The defence power is set out in section 51 of the Constitution as follows:
51 The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:
(vi) the naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain the laws of the Commonwealth;
(xxxii) the control of railways with respect to transport for the naval and military purposes of the Commonwealth;[1]
PS:
Malcolm Roberts has always been an Aussie patriot – See: Who We Are in The Galileo Movement > which seeks to protect Australians and our future in five areas:
– Protect freedom – personal choice and national sovereignty;
– Protect the environment;
– Protect science and restore scientific integrity;
– Protect our economic security;
– Protect people’s emotional health by ending Government and activists’ constant destructive bombardment of fear and guilt on our kids and communities.
http://www.galileomovement.com.au/who_we_are.php
So Australians, WHO will not allow or stop foreign troops and tanks on Australian soil and roads? The “foreign controlled Government? The foreign controlled Defence force? The foreign designed “Australian” Constitution and Come On Wealth laws? The foreign controlled democratic opposition or the Christians waiting for the messiah to clean up their own mess, or the majority of self centered Aussies that will be soon allowed to breath freely and dream of traveling again?
Israeli troops have been here for years to help the security forces of Big Jew Bank’s corporate agents impersonating the Commonwealth of Australia government teach us that we are the Palestinians
Israeli troops have been here for years? What for? To teach us how to deal with Palestinians?
Bushfires and civil disobedience are very different issues. I read the Bill he crossed the floor to vote with the govt. He’s a liar! However, as per our Constitution, any Bills must go to a referendum, anything else is Treason, besides which he operates in the corporate govt which in itself is Treason. You see here in the video he’s trying to cover up the crimes he’s already committed because, at the time of his commission of Treason, he thought more about the $s he would get. But now he’s looking at Treason so he’s trying to weasel out, Well, it’s too late!
Roberts, explain to me why Israeli troops have been in this country for years, training police and army how to crush civilians just as they crush Palestinians.
Explain to me why we trained Kopassus how to crush the people of Aceh and West Papua.
Explain to me why special forces assisted Pinnochet to torture and murder civilians.
The different types of police in Canberra. The all blacks who are patched: AFP Tactical Response (Counter Terrorism) are foreign mercenaries brought in under the Defense Legislation Amendment 2020. As per the Act, the government has completely indemnified them from all criminal and civil liability for any crimes they commit against Australians on Australian land.
This is treason and for this reason alone the entire Parliament which voted for this must be sacked. SACK THEM ALL.
The Three Types of Police Uniforms
https://www.bitchute.com/video/Av03KU1TZmYf/
As well as providing certain immunities, the bill provides the Minister with a statutory power to direct use of the ADF and other Defence resources in certain ‘natural disasters AND OTHER EMERGENCIES’. Clearly, “Other emergencies” refers to ANY emergencies that the Minister deems fit to declare apart from natural disaster emergencies.
What is there for Malcolm Roberts or anyone else to misunderstand? The Minister on his own is now in a position to advise the Governor General to call up foreign troops to help the government out of whatever jam it finds itself in.
Foreign mercenaries on Australian soil hired by the Australian “government” will have immunity provided they act in good faith with respect to government orders, and that includes taking whatever action they are directed to take for the benefit, or AGAINST, the Australian population.
Our ANZACS and fallen servicemen must be turning in their graves to see that what they fought for and gave their lives for is wiped out at the stroke of a pen.
The joint’s been hijacked by treacherous scumbags. What do we do about it? Wait for the foreign mercenaries to show up?
This is the second time Cairns News has shared Malcolm Roberts videos where he acts like the mouthpiece for the 2 party preferred system and the NWO. He almost word for word parroted what the government claimed was the reason for bringing the bill in while concealing and denying that the bill does actually allow for foreign personnel to not only operate on Australian soil but also be exempt from liability. Roberts is lying again and proving his and One Nations worth as ALP/LNP footstool.
This video also has the links to the bill and highlights where these powers are and who can authorise the use of such powers. https://www.bitchute.com/video/bWfe7csjn0ZL/
There are a couple of questions regarding this matter. Why did they need a new bill ? For years we had exchange arrangements with fire firefighters from other countries , I was in the CFA for quite a few years. There was no problem with that. That was no reason for a new bill.The thing that concerns me is the fact, they can bring foreign troops in to control our people. I immediately think of the rally we are seeing at present in Canberra, Hopefully there will be many more turn up.We are peacefully objecting to illegal mandates.Such as the injections ,especially of children masking and lock-downs.These draconian measures have done nothing,zilch, zero to curtail The Covid planned Pandemic. And that is no conspiracy theory, just refer Anthony Fauci and the leaked emails. All it has done is turn our politicians into dictators. Shut our borders,Forbidden by our constitution.Why not a bill to make politicians accountable to the Australian people who pay their wages and whom they take an oath to serve ? Or has that been scrubbed as well ?
Why not a bill to clean up the police force and charge them ?
One cannot be loyal to Australia and the United Nations. One comes first . And we are bright
enough to see, parliament ,with their words actions treaties are following the U Bloody N party. line.
I have voted for One Nation for a number of years . Would you care to say how your party stands on Australian independence and international relations ?
And please do not speak with a forked tongue. We are sick of lying politicians. No I am not accusing you. Some clarification please.
You are a good speaker by the way.
Malcolm Roberts needs to read the bill again. There are no clauses which modify the Minister’s advice to the Governor General regarding a call up of foreign troops for ANY emergency the Minister considers fit, be it a natural disaster emergency or not.
Repeat: The bill is not just about natural disasters. It also refers to ANY emergency!!!! It can’t be clearer. Roberts must be either misled, thick or is just spinning for cover.
What a shame. Would have been good otherwise to put some faith in him. He does OK on several other fronts, but he’s just lost me on this one. It’s clear as day what the bill says: any emergency, not just natural disaster emergency!!! Spinning it as he does here is just disappointing.
I have had this argument with you before, Senator. You can not quote one sentence in the entire Act where there is one reference to fighting bushfires as it was passed in 2020.
The provisions of the Act give discretionary and arbitrary power to the government as regards to foreign security forces, reasons for deployment in Australia and immunity from criminal and civil liability.
Quote the Act and prove me wrong.
Never trust the Government. There is NO need for foreign troops to be dispatched to Australia unless they are from a definitively strong Ally. Our own Government sold us out to the globalists, the UN & also to China who are now entrenched here with at least one main Military Base. Despite Malcolm Roberts reassuring words something does not smell good here & I am not convinced that our Government is thoroughly transparent in this matter.
*Thankyou for returning me back on your mailing list. *
Unfortunately One Nation are controlled opposition