Sponsor speech Supports
Fatima Payman
Payman supports the bill and says the Senate should pass it because Australia should not export defence goods that could be used in genocide, war crimes or crimes against humanity.
Read in Hansard ↗Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity)
Current status
This bill did not become law and is no longer proceeding.
Policy area
Defence & foreign affairs
What does this bill do?
The bill would stop ministers approving exports of Australian defence goods, technology or services if they could help genocide or other serious breaches of international law.
Why was it introduced?
Australia has not fully put its genocide-prevention duties into domestic law, leaving room for defence exports to countries the International Court of JusticeThe UN-linked world court the bill relies on to identify cases where a foreign country may pose a serious genocide risk. has flagged as posing a serious genocide risk. The bill responds by blocking those exports, requiring risk checks through the supply chain, and expanding review of export-control decisions.
Broader context
Australia had long accepted international duties under the Genocide ConventionThe treaty the bill says Australia must better reflect in domestic law by preventing aid to genocide, not just punishing it after the fact. and later the Arms Trade TreatyThe treaty used in the bill to argue Australia should not authorise arms transfers when they could be used in genocide or other grave crimes., but the bill’s backers argued those obligations were only partly reflected in domestic law, leaving room for Australian defence exports to be approved even where an International Court of JusticeThe UN-linked world court the bill relies on to identify cases where a foreign country may pose a serious genocide risk. order signalled a real genocide risk. The bill was introduced in November 2024 to close that gap by blocking such exports, extending checks along supply chains and broadening review rights, but it lapsed when Parliament ended in July 2025.
Key criticism
No significant public case against the bill is recorded so far, and publicly available sources does not set out a developed argument against its policy goal or mechanism. The only evidence here is a speech backing the bill, so any criticism would have to be limited to unrecorded drafting or implementation concerns rather than stated public opposition.
Who supported it?
Senator Fatima Payman introduced this bill. Speeches supporting it came from some crossbench members.
Introduced in Senate 28 Nov 2024
Failed in Senate 21 July 2025
Did not reach House —
Did not become law —
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
No final passage
The bill has not completed passage and is no longer proceeding.
Time before failure
235 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
What does this bill do?
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The bill would stop ministers approving exports of Australian defence goods, technology or services if they could help genocide or other serious breaches of international law.
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The bill would treat an International Court of JusticeThe UN-linked world court the bill relies on to identify cases where a foreign country may pose a serious genocide risk. warning about a real genocide risk in a foreign country as a clear trigger for blocking related Australian defence exports.
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The bill would make Australia check export supply chains for genocide risks, not just the first sale or shipment from Australia.
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The bill would also ban military-use goods leaving Australia under customs law if they could end up aiding a country that the International Court of JusticeThe UN-linked world court the bill relies on to identify cases where a foreign country may pose a serious genocide risk. has flagged as posing a real genocide risk.
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The bill would let people challenge more ministerial export-control decisions by classing them as decisions that can be formally reviewed.
Show source excerpts
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The Bill provides that the relevant Ministers cannot give permits under the DTC Act for the export of Australian-made defence goods, technologies or services where such export activities may be used in a way that risks constituting a serious violation of international law, including acts of genocide. The Bill also provides that the relevant Minister must revoke permits or issue notices to prohibit exports of Australian-made defence goods, technologies or services where such export activities may be used in a way that risks constituting a serious violation of international law, including acts of genocide.
Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) explanatory memorandum -
Item 2 of Schedule 1 to the Bill inserts a new section 4B into the DTC Act. Section 4B defines the concept of a ‘genocide risk activity’. This definition recognises that, where the ICJ has made a specific order concerning provisional measures that has found that the conduct of a foreign country poses a real and imminent risk that irreparable prejudice will be caused to the rights of a people to be protected from acts of genocide and related prohibited acts identified in Article 3 of the Genocide Convention, certain export activity will constitute a genocide risk activity. This includes:
Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) explanatory memorandum -
The purposes of subsection 4B(b) is to ensure that Australia acts with due diligence concerning any genocide risks in export supply chains.
Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) explanatory memorandum -
Item 2 of Schedule 2 to the Bill inserts a new subsection 112BA(1A) that sets out a specific circumstance where the Defence Minister must issue a notice to a person prohibiting the export of goods to a particular place or a particular person under subsection 112BA(1). That circumstance is if it is reasonably likely that the particular goods to a particular place or to a particular person would or may become available for a military end-use to a foreign country, where an ICJ order has found that the conduct of that foreign country poses a real and imminent risk that irreparable prejudice will be caused to the rights of a people to be protected from acts of genocide and related prohibited acts identified in Article 3 of the Genocide Convention.
Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) explanatory memorandum -
The purpose of the new insertions are to ensure that certain decisions of the Minister in relation to export controls are considered ‘reviewable decisions’ for the purpose of the Act.
Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) explanatory memorandum
Context
Broader context for this bill
Australia had long accepted international duties under the Genocide ConventionThe treaty the bill says Australia must better reflect in domestic law by preventing aid to genocide, not just punishing it after the fact. and later the Arms Trade TreatyThe treaty used in the bill to argue Australia should not authorise arms transfers when they could be used in genocide or other grave crimes., but the bill’s backers argued those obligations were only partly reflected in domestic law, leaving room for Australian defence exports to be approved even where an International Court of JusticeThe UN-linked world court the bill relies on to identify cases where a foreign country may pose a serious genocide risk. order signalled a real genocide risk. The bill was introduced in November 2024 to close that gap by blocking such exports, extending checks along supply chains and broadening review rights, but it lapsed when Parliament ended in July 2025.
- 1948
Australia signs the Genocide ConventionThe treaty the bill says Australia must better reflect in domestic law by preventing aid to genocide, not just punishing it after the fact.
The bill’s explanatory material says Australia signed the ConventionThe treaty the bill says Australia must better reflect in domestic law by preventing aid to genocide, not just punishing it after the fact. on 11 December 1948, establishing the international obligation that later arguments for tighter export controls relied on.
Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) explanatory memorandum ↗ - 1951
Genocide ConventionThe treaty the bill says Australia must better reflect in domestic law by preventing aid to genocide, not just punishing it after the fact. enters into force for Australia’s international obligations
The explanatory memorandum says the ConventionThe treaty the bill says Australia must better reflect in domestic law by preventing aid to genocide, not just punishing it after the fact. entered into force under international law in 1951, providing the treaty basis for the bill’s claim that Australia must prevent as well as punish genocide.
Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) explanatory memorandum ↗ - 03 June 2014
Australia ratifies the Arms Trade TreatyThe treaty used in the bill to argue Australia should not authorise arms transfers when they could be used in genocide or other grave crimes.
The explanatory memorandum says ratification added obligations not to authorise arms transfers where Australia has knowledge they would be used in genocide or other grave crimes.
Defence Trade Controls Amendment (Genocide, War Crimes and Crimes Against Humanity) explanatory memorandum ↗ - 28 Nov 2024
Bill introduced to stop defence exports linked to genocide risk
Senators Thorpe and Payman introduced the bill to stop export approvals where goods, technology or services could aid genocide or other serious international law violations, including after an ICJThe UN-linked world court the bill relies on to identify cases where a foreign country may pose a serious genocide risk. provisional measures order signals a serious risk.
Hansard ↗ - 21 July 2025
Bill lapses at the end of Parliament
The proposal did not become law because it lapsed when the Parliament ended, leaving the existing export-control framework unchanged.
Parliamentary timeline ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 28 Nov 2024
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 28 Nov 2024
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Lapsed at end of Parliament 21 July 2025
The bill reached this recorded parliamentary step.
Key criticism
The main case against this bill
No significant public case against the bill is recorded so far, and publicly available sources does not set out a developed argument against its policy goal or mechanism. The only evidence here is a speech backing the bill, so any criticism would have to be limited to unrecorded drafting or implementation concerns rather than stated public opposition.
No significant public case against the bill is recorded so far.
Votes
Recorded votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
All speeches by bloc
Minor parties and independents
1 speaker · 1 support
Minor parties and independents
1 speaker · 1 support
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Fatima Payman ★ Payman supports the bill and says the Senate should pass it because Australia should not export defence goods that could be used in genocide, war crimes or crimes against humanity.
“This Bill is about restoring trust and integrity in government. Anyone in this Senate or House who values the rule of law, transparency, and accountability must support this Bill and the broader package it forms part of.”
Read the full speech in Hansard ↗
Record
Full record
- Status
- Not Proceeding -- Collected from the APH bill page.
- Originating house
- Senate
- 28 Nov 2024
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 28 Nov 2024
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 21 July 2025
Senate · Lapsed at end of Parliament
Lapsed at end of Parliament
The bill reached this recorded parliamentary step.