Footnotes

[1]        Absolute rights are: the right not to be subjected to torture, cruel, inhuman or degrading treatment; the right not to be subjected to slavery; the right not to be imprisoned for inability to fulfil a contract; the right not to be subject to retrospective criminal laws; the right to recognition as a person before the law.

Chapter 1 - New and continuing matters

[1]        See Parliament of Australia website, 'Journals of the Senate', http://www.aph.gov.au/Parliamentary_Business/Chamber_documents/Senate_chamber_documents/Journals_of_the_Senate.

[2]        See Parliamentary Joint Committee on Human Rights, Twenty-first Report of the 44th Parliament (24 March 2015); and Parliamentary Joint Committee on Human Rights, Twenty‑third Report of the 44th Parliament (18 June 2015).

[3]        See Parliamentary Joint Committee on Human Rights, Twenty-second Report of the 44th Parliament (13 May 2015).

[4]        See amendments in item 6 of the bill to paragraph 36(1)(a) of the Citizenship Act.

[5]        See section 72.3 of the Criminal Code.

[6]        See section 101.1 of the Criminal Code.

[7]        See section 101.2 of the Criminal Code.

[8]        See section 102.2 of the Criminal Code.

[9]        See section 102.4 of the Criminal Code.

[10]        See section 103.1 of the Criminal Code.

[11]        See section 103.2 of the Criminal Code.

[12]        See section 119.1 and 119.4 of the Criminal Code.

[13]      See section 119.2 of the Criminal Code.

[14]      See subsections 119.4(3) and (4) of the Criminal Code.

[15]      See subsection 119.4(5) of the Criminal Code.

[16]      See section 119.5 of the Criminal Code.

[17]      See section 119.7 of the Criminal Code.

[18]      See paragraph 80.1(2)(b) of the Criminal Code.

[19]      See section 80.2C of the Criminal Code and the definition of terrorism offence in subsection 3(1) of the Crimes Act.

[20]      See section 91.1 of the Criminal Code.

[21]      See section 103.2 of the Criminal Code.

[22]      See section 24AB of the Crimes Act.

[23]      See section 26 of the Crimes Act.

[24]      See section 29 of the Crimes Act.

[25]      Article 12 of the International Covenant on Civil and Political Rights (ICCPR).

[26]      Article 17 of the ICCPR.

[27]      Articles 17 and 23 of the ICCPR and article 10 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

[28]      Article 25 of the ICCPR.

[29]      Article 9 of the ICCPR.

[30]      Articles 6 and 7 of the ICCPR and the Convention Against Torture (CAT).

[31]      Article 26 of the ICCPR.

[32]      Article 14 of the ICCPR.

[33]      Article 15 of the ICCPR.

[34]      Article 14(7) of the ICCPR.

[35]      Convention on the Rights of the Child (CRC).

[36]      Articles 6, 7 and 8 of the ICESCR.

[37]      Article 9 of the ICESCR.

[38]      Article 11 of the ICESCR.

[39]      Article 12 of the ICESCR.

[40]      Article 13 and 14 of the ICESCR and article 28 of the CRC.

[41]      For example, full access to a range of benefits, such as social security, health care, education and work rights, may only be available to citizens (or those holding permanent residency visas) and loss of citizenship, and a consequential loss of a right to full residence in Australia, would constitute a limit on the ex-citizen's economic, social and cultural rights.

[42]      Explanatory Memorandum (EM), Attachment A, 29.

[43]      EM, Attachment A, see 29, 33, 34 and 35.

[44]      EM, Attachment A, 28.

[45]      See Second Reading Speech, the Hon Peter Dutton MP, Minister for Immigration and Border Protection, 24 June 2015.

[46]      See section 29 of the Crimes Act 1914 (Crimes Act).

[47]      See section 119.1 and 119.4 of the Criminal Code.

[48]      See section 119.2 of the Criminal Code.

[49]      See section 119.7 of the Criminal Code.

[50]      See section 24AB of the Crimes Act.

[51]      EM, Attachment A, 28.

[52]      EM, Attachment A, 29.

[53]      See Nystrom v Australia, (1557/07), UN Human Rights Committee, 18 July 2011 (Nystrom).

[54]      Nystrom at [7.4]. The HRC subsequently affirmed this view in Warsame v Canada (1959/2010), UN Human Rights Committee, 21 July 2011.

[55]      EM, Attachment A, 29.

[56]      See proposed section 35A of the bill which provides that citizenship ceases if a person is convicted of an offence against section 29 of the Crimes Act, which makes it an offence to damage property belonging to the Commonwealth.

[57]      EM, Attachment A, 29, emphasis added.

[58]      Human Rights Committee, General Comment 27, Freedom of Movement, 1999, [21], emphasis added.

[59]      Genovese v Malta, European Court of Human Rights, Application no. 5314/09, 11 November 2011. This is based on article 8 of the European Convention on Human Rights which is in substantially similar terms to article 17 of the ICCPR.

[60]      UK Joint Committee on Human Rights, Legislative Scrutiny: Immigration Bill (second report), Twelfth Report of Session 2013-14, 26 February 2014, available at: http://www.publications.parliament.uk/pa/jt201314/jtselect/jtrights/142/142.pdf.

[61]      Immigration Bill, European Convention on Human Rights, Supplementary Memorandum by the Home Office, January 2014, [12], available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/276660/Deprivation_ECHR_memo.pdf.

[62]      EM, Attachment A, 33-34.

[63]      The prohibited grounds are race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Under 'other status' the following have been held to qualify as prohibited grounds: age, nationality, marital status, disability, place of residence within a country and sexual orientation.

[64]      UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[65]      Althammer v Austria HRC 998/01, [10.2].

[66]      EM, Attachment A, 32.

[67]      Althammer v Austria HRC 998/01, [10.2].

[68]      CAT article 3(1); ICCPR, articles 6(1) and 7; and Second Optional Protocol to the ICCPR Aiming at the Abolition of the Death Penalty.

[69]      See Refugee Convention article 33. The non-refoulement obligations under the CAT and ICCPR are known as 'complementary protection' as they are protection obligations available both to refugees and to people who are not covered by the Refugee Convention, and so are 'complementary' to the Refugee Convention.

[70]      ICCPR article 2. See Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (February 2014), Migration Amendment (Regaining Control over Australia’s Protection Obligations) Bill 2013, 45, and Fourth Report of the 44th Parliament (March 2014), Migration Amendment (Regaining Control over Australia’s Protection Obligations) Bill 2013, 513.

[71]      See section 35 of the Migration Act.

[72]      EM, Attachment A, 30.

[73]      EM, Attachment A, 30.

[74]      For example, see A v Australia (Human Rights Committee Communication No. 560/1993) and C v Australia (Human Rights Committee Communication No. 900/1999). See also F.K.A.G et al v Australia (Human Rights Committee Communication No. 2094/2011) and M.M.M et al v Australia (Human Rights Committee Communication No. 2136/2012).

[75]      See Refugee Convention, article 33. The non-refoulement obligations under the CAT and ICCPR are known as 'complementary protection' as they are protection obligations available both to refugees and to people who are not covered by the Refugee Convention, and so are 'complementary' to the Refugee Convention.

[76]      Agiza v. Sweden, Communication No. 233/2003, U.N. Doc. CAT/C/34/D/233/2003 (2005) [13.7] and Josu Arkauz Arana v. France, CAT/C/23/D/63/1997, (CAT), 5 June 2000. See also Mohammed Alzery v. Sweden, Communication No. 1416/2005, U.N. Doc. CCPR/C/88/D/1416/2005 (2006)) [11.8].

[77]      EM 31.

[78]      Mark Robinson (ed), Judicial Review: the Laws of Australia (2009) 685. Declarations by courts therefore do not create rights and duties but indicate what they have always been.

[79]      It should be noted that declaratory orders by courts are discretionary rather than as of right, which in theory would increase the uncertainty of the availability of judicial review through the seeking of a declaration by a court. However, given the circumstances in which a person would be seeking such a declaration, it might be assumed that a court would not lightly refuse to exercise its discretion to provide declaratory relief.

[80]      Judith Bannister, Gabrielle Appleby & Anna Olijnyk, Government Accountability: Australian Administrative Law (2015) 524.

[81]      See Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55, 63.

[82]      See Evidence Act 1995 (Cth) section 140.

[83]      For example, an individual may be denied consular assistance at an Australian embassy on the basis that they are no longer a citizen because they have travelled to Mosul which is a declared area.

[84]      See UN Human Rights Committee, General Comment 32 [15].

[86]      See, Rebecca Kingston, 'The Unmaking of Citizens: Banishment and the Modern Citizenship Regime in France', (2005) 9 Citizenship Studies23. Macklin, Audrey and Rainer Baubock, ‘The Return of Banishment: Do the New Denationalisation Policies Weaken Citizenship?’ (February 2015), Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2015/14. Barry, Christian and Luara Ferracioli, ‘Can Withdrawing Citizenship Be Justified?’, Political Studies (forthcoming), accessed at http://philpapers.org/archive/BARCWC-3.pdf.

[87]      See EM 30 which acknowledges that the measures may ultimately result in the expulsion of the former Australian citizen. 

[88]      See item 8(4) of the bill.

[89]      See the terms of references to the Parliamentary Joint Committee on Intelligence and Security, Inquiry into the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015, available at: http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Citizenship_Bill/Terms_of_Reference.

[90]      EM, Attachment A 32.

[91]      Article 3(1).

[92]      EM 33.

[93]      Committee on the Rights of the Children,  General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1) [40].

[94]      Committee on the Rights of the Children,  General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (art. 3, para. 1) [40].

[95]      Article 24(3) of the ICCPR.

[96]      EM, 34.

[97]      Appendix II; See Parliamentary Joint Committee on Human Rights, Guidance Note 1 - Drafting Statements of Compatibility (December 2014) http://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/guidance_notes/guidance_note_1/guidance_note_1.pdf.

[98]      See Attorney-General's Department, Template 2: Statement of compatibility for a bill or legislative instrument that raises human rights issues at http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSector/Pages/Statementofcompatibilitytemplates.aspx.

[99]      EM 34.

[100]      Article 12 of the ICCPR.

[101]      Article 17 of the ICCPR.

[102]      Articles 17 and 23 of the ICCPR and article 10 of the ICESCR.

[103]    Article 25 of the ICCPR.

[104]    Article 9 of the ICCPR.

[105]    Articles 6 and 7 of the ICCPR and the CAT.

[106]    Article 26 of the ICCPR.

[107]    Article 14 of the ICCPR.

[108]    Article 15 of the ICCPR.

[109]    Article 14(7) of the ICCPR.

[110]    CRC.

[111]    Articles 6, 7 and 8 of the ICESCR.

[112]    Article 9 of the ICESCR.

[113]    Article 11 of the ICESCR.

[114]    Article 12 of the ICESCR.

[115]    Article 13 and 14 of the ICESCR and article 28 of the CRC.

[116]    EM 33.

[117]    EM 34-35.

[118]        Parliamentary Joint Committee on Human Rights, Fifth Report of the 44th Parliament (25 March 2014) 13-16.

[119]        Parliamentary Joint Committee on Human Rights, Eighth Report of the 44th Parliament (24 June 2014) 54-57.

[120]        Explanatory memorandum (EM), Statement of Compatibility (SoC) 1.

[121]        Parliamentary Joint Committee on Human Rights, Twenty-second Report of the 44^th Parliament (13 May 2015) 172.

[122]        Appendix II; See Parliamentary Joint Committee on Human Rights, Guidance Note 1 - Drafting Statements of Compatibility (December 2014) http://www.aph.gov.au/~/media/Committees/Senate/committee/humanrights_ctte/guidance_notes/guidance_note_1/guidance_note_1.pdf.

[123]        See Attorney-General's Department, Template 2: Statement of compatibility for a bill or legislative instrument that raises human rights issues at http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSector/Pages/Statementofcompatibilitytemplates.aspx.

[124]        Related provisions relating to such rights for specific groups are also contained in the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), articles 11 and 14(2)(e) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), article 32 of the Convention on the Rights of the Child and article 27 of the Convention on the Rights of Persons with Disabilities (CRPD).

[125]        UN Committee on Economic, Social and Cultural Rights, General Comment 16, The equal right of men and women to the enjoyment of all economic, social and cultural rights (2005).

[126]        Article 11(2)(b) of the CEDAW.

[127]      EM, SoC 3.

[128]      The prohibited grounds are race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Under 'other status' the following have been held to qualify as prohibited grounds: age, nationality, marital status, disability, place of residence within a country and sexual orientation.

[129]      UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[130]      Althammer v Austria HRC 998/01, [10.2].

[131]      EM, SoC 5.

[132]      EM, SoC 6.

[133]      EM, Regulation impact statement 4.

[134]      Parliamentary Joint Committee on Human Rights, Eighth Report of the 44th Parliament (24 June 2014) 54-57.

[135]        Parliamentary Joint Committee on Human Rights, Ninth Report of 2013 (June 2013).

[136]        Article 9 of the International Covenant on Civil and Political Rights (ICCPR).

[137]        Article 10 of the ICCPR.

[138]        Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

[139]        Convention on the Rights of the Child.

[140]        Article 7 of the ICCPR and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

[141]        Parliamentary Joint Committee on Human Rights, Ninth Report of 2013 (June 2013) 30-43.

[142]        Parliamentary Joint Committee on Human Rights, Ninth Report of 2013 (June 2013) 43.

[143]        Explanatory Memorandum (EM), Attachment A, 9.

[144]      EM, Attachment A, 10.

[145]      See Parliamentary Joint Committee on Human Rights, Ninth Report of 2013 (June 2013) particularly 81-84.

[146]        EM, SoC 1.

[147]        EM, SoC 1.

[148]        Parliamentary Joint Committee on Human Rights, Stronger Futures in the Northern Territory Act 2012 and related legislation, Eleventh Report of 2013 (June 2013).

[149]        See articles 17 and 26 of the International Covenant on Civil and Political Rights and articles 9 and 11 of the International Covenant on Economic, Social and Cultural Rights.

[150]        Note that on 9 July 2015 a new instrument was made which increased the fees relating to divorce, consent orders and subpoenas and all other existing family law fee categories to an amount similar to that contained in the regulation; see Family Law (Fees) Amendment (2015 Measures No. 1) Regulation 2015 [F2015L01138].

[151]        See UN Human Rights Committee, General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, U.N. Doc. CCPR/C/GC/32 (2007). See also Lindon v Australia, Communication No. 646/1995 (25 November 1998), para. 6.4.

Chapter 2 - Concluded matters

[1]        Parliamentary Joint Committee on Human Rights, Twenty-second Report of the 44th Parliament (13 May 2015) 31-34.

[2]        'The expression 'public order (ordre public)'...may be defined as the sum of rules which ensure the functioning of society or the set of fundamental principles on which society is founded. Respect for human rights is part of public order (ordre public)': Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights U.N. Doc. E/CN.4/1985/4, Annex (1985), clause 22.

[3]        See, generally, Human Rights Committee, General comment No 34 (Article 19: Freedoms of opinion and expression), CCPR/C/GC/34, paras 21-36 (2011).

[4]        Rotstein, Fiona, 'Is there an international intellectual property system? ls there an agreement between states as to what the objectives of intellectual property laws should be?' European Intellectual Property Review, Vol 33, Iss 1, 2011.

[5]        See Appendix 1, Letter from Senator the Hon George Brandis, Attorney-General, to the Hon Philip Ruddock MP (dated 14 July 2015) 1-2.

[6]        EM 5-6.

[7]        See Appendix 1, Letter from Senator the Hon George Brandis, Attorney-General, to the Hon Philip Ruddock MP (dated 14 July 2015) 2-3.

[9]        Parliamentary Joint Committee on Human Rights, Eighteenth Report of the 44th Parliament (10 February 2015) 40-42.

[11]        See Appendix 1, Letter from Senator the Hon George Brandis, Attorney-General, to the Hon Philip Ruddock MP (dated 17 June 2015) 1-3.

[12]        Parliamentary Joint Committee on Human Rights, Twenty-Second Report of the 44th Parliament (13 May 2015) 57-65.

[13]        There would remain one exception with an additional power to require personal identifiers from immigration detainees

[14]        Migration Act, section 5A(1).

[15]        Explanatory Memorandum (EM) 10.

[16]        EM 40.

[17]        See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 25 June 2015) 2-3.

[18]        Section 258E of the Migration Act.

[19]        The prohibited grounds are race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Under 'other status' the following have been held to qualify as prohibited grounds: age, nationality, marital status, disability, place of residence within a country and sexual orientation.

[20]        UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[21]      Althammer v Austria HRC 998/01, [10.2].

[22]      See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 25 June 2015) 3-4.

[23]      Article 26 (1) of the ICCPR. Article 14(1) also specifically protects the right to equality before courts or tribunals.

[24]      See, for example, Williams Lecraft v Spain, UN Human Rights Committee, Communication No. 1493/2006 (27 July 2009); Timishev v Russia, ECHR (55762/00) (13 December 2005).

[25]      See, Williams Lecraft v Spain, UN Human Rights Committee, Communication No. 1493/2006 (27 July 2009) [7.2].

[26]      See, for example, Martin Scheinin, Report of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (29 January 2007) A/HRC/4/26. 

[27]      See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 25 June 2015) 4.

[28]      See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 25 June 2015) 4-5.

[29]        Parliamentary Joint Committee on Human Rights, Twenty-second Report of the 44th Parliament (13 May 2015) 72-104.

[30]        Statement of Compatibility (SOC) 17.

[31]        Committee on Economic, Social and Cultural Rights, General Comment No. 19 para 17.

[32]        See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 3-7.

[33]        See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 7-9.

[34]        SOC 21.

[35]        See, section 37 of the Safety, Rehabilitation and Compensation Act 1988.

[36]        SOC 21.

[37]        Proposed section 36A.

[38]      CRPD, article 26.

[39]      SOC 22.

[40]      SOC 22.

[41]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 9-10.

[42]      SOC 21.

[43]      Section 38 of the Act.

[44]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 10-12.

[45]      SOC 25. 

[46]      SOC 25. 

[47]      SOC 25.

[48]      SOC 25.

[49]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 12-14.

[50]      SOC 36.

[51]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 14-15.

[52]      LI Act, sections 18 and 19.

[53]      SOC 37.

[54]      SOC 37.

[55]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 15-16.

[56]      SOC 41.

[57]      SOC 41.

[58]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 16-17.

[59]      SOC 42.

[60]      SOC 43.

[61]      Based on data obtained from Comcare, as at 1 May 2015.

[62]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 17-18.

[63]      Human Rights Committee, General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, U.N. Doc. CCPR/C/GC/32 (2007).

[64]      SOC 46.

[65]      Regulatory impact statement 47.

[66]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 18-20.

[67]      SOC 47.

[68]      SOC 48.

[69]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 20-22.

[70]      SOC 48.

[71]      The prohibited grounds are race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Under 'other status' the following have been held to qualify as prohibited grounds: age, nationality, marital status, disability, place of residence within a country and sexual orientation.

[72]      UN Human Rights Committee, General Comment 18, Non-discrimination (1989).

[73]      Althammer v Austria HRC 998/01, [10.2].

[74]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 22-24.

[75]      See proposed sections 29Y – 29ZA.

[76]      SOC 9, 11.

[77]      SOC 52.

[78]      SOC 52.

[79]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 24-26.

[80]      SOC 9, 11.

[81]      SOC 52.

[82]      SOC 52.

[83]      SOC 52-53.

[84]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 26-28.

[85]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 28.

[86]      See proposed section 29Z.

[87]      SOC 16.

[88]      See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 3-7.

[89]        See Seafarers Rehabilitation and Compensation (Prescribed Ship—Intra-state Trade) Declaration 2015 [F2015L00336]; Occupational Health and Safety (Maritime Industry) (Prescribed Ship or Unit—Intra-state Trade) Declaration 2015 [F2015L00335]; Seafarers Rehabilitation and Compensation (Prescribed Ship — Intra-State Trade) Declaration 2015 (No. 2) [F2015L00858] and Occupational Health and Safety (Maritime Industry) (Prescribed Ship or Unit — Intra-State Trade) Declaration 2015 (No. 2) [F2015L00863].

[90]        Parliamentary Joint Committee on Human Rights, Twentieth Report of the 44th Parliament (18 March 2015) 36-38.

[91]        See footnote 1.

[92]        See Appendix 1, Letter from Senator the Hon Eric Abetz, Minister for Employment, to the Hon Philip Ruddock MP (dated 29 June 2015) 1.

[93]        Parliamentary Joint Committee on Human Rights, Twenty-second Report of the 44th Parliament (13 May 2015) 105-107.

[94]        See Appendix 1, Letter from the Hon Scott Morrison MP, Minister for Social Services, to the Hon Philip Ruddock MP (dated 25 June 2015) 1-3.

[95]        Parliamentary Joint Committee on Human Rights, Twenty-Second Report of the 44th Parliament (13 May 2015) 116-124.

[97]        Bilateral arrangements with non-state parties to the Hague Convention appear currently to be in force with Taiwan and South Korea. South Korea signed the Convention on 24 May 2013, but is yet to ratify it. The committee notes in this regard that the texts of the bilateral agreements referred to on the Attorney-General's Department website between Australia and Taiwan and between Australia and South Korea do not appear to be available on that website.

[99]        Parliamentary Joint Committee on Human Rights, Eighth Report of the 44th Parliament (24 June 2014) 8-10.

[100]        Parliamentary Joint Committee on Human Rights, Tenth Report of the 44th Parliament (26 August 2014) 143.

[101]        Parliamentary Joint Committee on Human Rights, Tenth Report of the 44th Parliament (26 August 2014) 140.

[102]        Parliamentary Joint Committee on Human Rights, Tenth Report of the 44th Parliament (26 August 2014) 140.

[103]        See Parliamentary Joint Committee on Human Rights, Eighth Report of the 44th Parliament (24 June 2014) 10.

[104]      See Parliamentary Joint Committee on Human Rights, Tenth Report of the 44th Parliament (26 August 2014) 140-142.

[105]      Parliamentary Joint Committee on Human Rights, Tenth Report of the 44th Parliament (26 August 2014) 140-143.

[106]      See Appendix 1, Letter from the Hon Peter Dutton MP, Minister for Immigration and Border Protection, to the Hon Philip Ruddock MP (dated 25 June 2015) 3-4.

[107]      ES, Attachment B 12.

[108]      Parliamentary Joint Committee on Human Rights, Second Report of the 44th Parliament (11 February 2014) 124.

[109]      Parliamentary Joint Committee on Human Rights, Fourth Report of the 44th Parliament (20 March 2013) 75.

[110]      Parliamentary Joint Committee on Human Rights, Seventh Report of the 44th Parliament (18 June 2014) 97-98.

[111]      Parliamentary Joint Committee on Human Rights, Seventh Report of the 44th Parliament (18 June 2014) 97.