On Thursday 28 November, Senator Fatima Payman and I introduced three bills into the Senate that, if passed, will align Australia with its international legal obligations.
The Bills form a "Genocide Red Lines Package". The Package enshrines into Australian law certain minimum processes that Australia ought to do to ensure that it meets its obligations to prevent genocide and not to be complicit in genocide under international law. The law reform package includes the following:
Genocide Risk Reporting Bill 2024
- The Bill creates a mandatory genocide risk supply chain disclosure regime for Commonwealth entities and Australian business entities involved in the manufacturing and supply of weapons.
- The Bill establishes an Anti-Genocide Commissioner who is responsible for supporting compliance with the Act.
- The Bill is akin to the Modern Slavery Act but with stronger enforcement provisions including criminal and civil penalties around non-disclosure.
Treasury Laws Amendment (Divesting from Illegal Israeli Settlements) Bill 2024
- The Bill amends the Future Funds Act 2006 (Cth) to prohibit financial investments from Australia’s sovereign wealth fund in companies operating in illegal Israeli settlements.
- The Bill also amends the Australian Charities and Not-for-profits Commission Act 2012 (Cth) to prohibit Australian registered charities from funding companies operating in illegal Israeli settlements.
- The Bill uses the UN Database of companies operating in illegal Israeli settlements on Palestinian land as the reference point for prohibited companies.
Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) Bill 2024
- The Bill amends the Defence Trade Controls Act 2012 (DTC Act) to prohibit the Minister granting permits for Defence and Strategic Goods List (DSGL) export activity that risks committing serious violations of international law, including genocide, and that such activity cannot fall under newly-introduced AUKUS permit-free arrangements.
- The Bill incorporates into the DTC Act the definitions of genocide, crimes against humanity and war crimes from the Rome Statute of the International Criminal Court (ICC), and requires that the Minister take decisions of the International Court of Justice (ICJ) and ICC into account.
- The Bill also amends the Customs Act 1901 to prohibit the export of military end-use goods where it is likely that they will become available to a state that is the subject of an ICJ order under the Genocide Convention.