Australia 31-Mar-2024, the intent of the following is to engage in broad-based advocacy with the aim of securing bipartisan support to bolster and uphold the safety and security of our nation.

The Role of Political Sponsorship in Australian Legislative Processes: Understanding Explanatory Memoranda

In Australian legislative processes, it is quite common for politicians to sponsor or endorse various materials including explanatory memoranda. An explanatory memorandum (EM) typically accompanies a bill in Parliament and provides a detailed explanation of the bill's purpose and its clauses. It is designed to enhance the understanding of the legislation for both parliamentarians and the public. Australian Members of Parliament (MPs), Senators, or even government Ministers might sponsor an explanatory memorandum as part of the process of introducing a bill. This sponsorship does not necessarily mean that they are providing financial backing but rather lending their support to the advancement of the bill through the necessary legislative processes.

Short Title of Proposed Bill:

Safeguarding Australians' Right to Resist Foreign Invasion

Explanatory Memorandum (EM):

This legislative amendment to the existing National Emergency Legislation draws critical historical lessons from the experiences of occupied nations during World War II, specifically the actions of resistant movements in countries such as France and Poland. Throughout the conflict, invading forces systematically utilised local police registries to confiscate weapons and suppress potential resistance by identifying firearm owners. The proposed provision thus aims to empower the Prime Minister, under the strict and grave circumstance of an impending foreign invasion, to direct Police Commissioners to securely expunge firearm ownership registers. This pre-emptive measure is predicated upon historical evidence showing that access to such registries compromised the safety of resistance members and, by extension, national security.

The effectiveness of resistance movements during World War II—such as the French Resistance and Polish Underground State—was instrumental in undermining Axis powers' strategic operations, despite their initial setbacks due to compromised intelligence. In both cases, the persistence and eventual success of these movements hinged upon their ability to operate clandestinely, which was severely hindered when occupation forces had access to detailed records of armed citizens. By removing the possibility of such a vulnerability, this amendment seeks to preserve the capacity for civilian-based defence without tampering with current firearms policies. Emulation of the resolve and strategies employed by World War II resistance fighters underpins the rationale for this provision, ensuring that, if ever necessary, Australian citizens are not pre-emptively disadvantaged in their ability to resist foreign occupation.

This precautionary measure ensures the protection of citizens' ability to resist occupation forces, without altering current national security and firearm ownership policies under normal circumstances. This legislation is essential for national security. It remains inactive unless a specific, recognised threat emerges, thereby having no impact on domestic policies or firearm ownership rights under standard conditions.

Full Title of Draft Bill:

"National Self-Defence Preservation Act 2024: Safeguarding Australians' Right to Resist Foreign Invasion"

An Act to amend the National Emergency Legislation to empower the Prime Minister to direct the deletion of firearm ownership registers in the event of an imminent threat of foreign invasion.

Preamble

WHEREAS the security of the nation is of paramount importance; AND WHEREAS the historical precedent has shown that during times of occupation, information on firearm ownership can be used against the interests of the nation; AND WHEREAS it is imperative to maintain the capability of Australian citizens to defend themselves under extraordinary circumstances;

BE IT ENACTED by the King’s most excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Australia, as follows:

Section 1: Short Title This Act may be cited as the "National Self-Defence Preservation Act 2024: Safeguarding Australians' Right to Resist Foreign Invasion".

Section 2: Definitions ‘Imminent threat of foreign invasion’ shall be defined in accordance with parameters set out in Schedule A of this Act; ‘Prime Minister’ refers to the serving Prime Minister of Australia; ‘Police Commissioners’ include the chief police officer of each Australian state and territory.

Section 3: Authority to Direct Deletion of Firearm Registers (1) In the event of an imminent threat of foreign invasion, as defined in Section 2, the Prime Minister shall have the authority to direct Police Commissioners to securely and permanently delete all firearm ownership registers under their control. (2) This section applies notwithstanding any other Act or law.

Section 4: Conditions of Activation (1) Activation of Section 3 of this Act requires a declaration of an ‘imminent threat of foreign invasion’ to be agreed upon by a bipartisan National Security Committee. (2) The specific process and criteria for determining an ‘imminent threat of foreign invasion’ are laid out in Schedule A of this Act.

Section 5: Duration of Deletion Directive Directive given under Section 3 shall remain effective until: (a) the Prime Minister revokes the directive per the cessation of the imminent threat; or (b) a period defined in Schedule B after the issuance of the directive elapses without renewal.

Section 6: Safeguard Procedures and Oversight Specific safeguard procedures for the secure deletion of records and post-action oversight will be prescribed in Schedule C of this Act.

**Section 7: No Impact on Existing Firearms Legislation This Act shall not impact existing firearms legislation, regulations, or policies except as expressly provided for in Section 3 of this Act.

Section 8: Commencement This Act commences on the day after it receives the Royal Assent.

Section 9: Schedules The Schedules to this Act shall form part of this Act. Should there be any inconsistencies between the Schedules and the preceding sections, the provisions of the sections shall prevail.

SCHEDULE A Criteria for Determining an Imminent Threat of Foreign Invasion

SCHEDULE B Period of Effectiveness for Deletion Directive

SCHEDULE C Procedures for Secure Deletion of Records and Oversight Mechanisms


References:


National Emergency Legislation


Resistance movements of world war two