Legislation gives new power to the reserves

BY VIV MILEY

The Senate on March 7 passed new legislation which widens the circumstances under which Australian Defence Force reserves can be called out by the defence minister to suppress civil protest actions and strikes.

The legislation, which amends the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923, simplifies existing call-out procedure and permits the call-out of reserve units or parts of the reserves in certain circumstances.

Such situations include war or warlike operations and civil aid. But the new legislation also allows reserves to provide "assistance to Commonwealth, State or Territory or foreign government authorities and agencies in matters involving Australia's national security or affecting Australian defence interests".

The legislation also gives more power to the minister of defence, stating "call out will be effected by the Governor-General on the advice of the executive council, or in cases of urgency on the advice of the [defence] minister".

Greens Senator Bob Brown, backed by the Democrats, moved an amendment to the legislation to specifically state that the reserves could not be called out to break up strikes or protests.

The amendment was rejected by both major parties, whose representatives dubbed debate about the circumstances under which reserves could be called out a waste of time. Defending the legislation, WA Liberal Senator Ian Campbell claimed that the new powers "will not be used indiscriminately, but only when it is necessary ... to supplement [the capabilities] of the permanent forces".

The legislation was part of a package introduced by the Coalition in the lead-up to the Olympic Games and the S11 protests last year, which also greatly extended the powers of the regular military to intervene in civil matters.

From GLW issue 441