Recommendation 54: The Australian Government ensures that whenever a control order is imposed in relation to a person under 18 years of age, any obligations, prohibitions and restrictions imposed constitute the least interference with the child’s liberty, privacy or freedom of movement that is necessary in all the circumstances. Recommendation 55: The Australian Government amends national security laws so that the best interests of the child is: • a primary consideration at all stages in proceedings relating to the potential issue of an interim or confirmed control order • not made subject to any higher order ‘paramount consideration’. Recommendation 56: The Australian Government amends the Australian Citizenship Act 2007 (Cth) to stipulate that loss of citizenship by conduct should not be possible in the case of children (either their own conduct, or that of their parents). Recommendation 57: The Australian Government amends the Crimes Act 1914 (Cth) so that minimum non-parole periods do not apply to children. Recommendation 58: The Australian Government amends the Crimes Act 1914 (Cth) so that provisions relating to bail for persons accused of certain Commonwealth offences do not apply to children. 9.4 Children in armed conflicts (a) Minimum age for taking part in hostilities 358. In Australia, children aged 17 may be recruited into the Australian Defence Force (ADF). However, under ADF policy instructions, defence force personnel must take all feasible measures to ensure that persons under the age of 18 are not deployed to areas of hostilities. This prohibition applies only to ‘the maximum extent possible’ and only if it does not adversely impact on the conduct of operations. 367 Further, although a person under 18 who is part of a unit that is deployed must be removed from the area as soon as possible, this does not have to occur if it would prejudice the effectiveness of the mission.368 The Commission considers these exceptions increase the risk that military operations are put before the best interests and safety of the child. 65

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