During the oral hearing held on 10 August 2004 Air Commodore Simon Harvey was asked to respond to the Commission’s submission that it would be preferable if the protections contained in the Defence Instruction were enshrined in the Defence Act 1903 (Cth). Air Commodore Harvey responded:
I might add that one of the suggestions which was raised in the submission was that by putting it in legislation it would be more openly available to members of the general public. In my experience, if you are a 16- or 17-year-old, you probably do not spend a lot of time reading legislation. I think the more likely scenario would be that they would do a search on the Internet and, it being a treaty, it would be recognisable and discoverable for that mechanism.