Footnotes

Chapter 1 - Introduction

[1]        Journals of the Senate, No. 129, 25 November 2015, p. 3482.

Chapter 2 - Lease of the Port of Darwin to the Landbridge Group

[1]        Department of the Chief Minister, Northern Territory Government, Darwin Port Lease, http://dcm.nt.gov.au/darwin_port_lease/areas_of_the_port_to_be_leased (accessed 9 December 2015).

[2]        Darwin Port Corporation Act, available at http://www5.austlii.edu.au/cgi-bin/download.cgi/cgi-bin/download.cgi/download/au/legis/nt/consol_act/dpca282.pdf (accessed 9 December 2015). It should be noted that, in preparation for the lease of parts of the Port of Darwin, the Darwin Port Corporation Act was recently amended by the Northern Territory Parliament. The amended act came into force in July 2015.

[3]        Darwin Port Corporation, https://www.darwinport.com.au/about-corporation/port-management-group, (accessed 9 December 2015).

[4]        Darwin Port Corporation, https://www.darwinport.com.au/about-corporation/port-management-group, (accessed 9 December 2015).

[5]        Darwin Port Corporation, https://www.darwinport.com.au/about-corporation/port-management-group, (accessed 9 December 2015).

[6]        Port of Darwin Project Steering Committee – Northern Territory Government, Submission to the Port of Darwin Select Committee, http://www.nt.gov.au/lant/parliamentary-business/committees/pod/Submissions/Number_4_Northern_Territory_Government.pdf (accessed 9 December 2015).

[7]        Mr Greg Barnes, Coordinator General, Transcript of Evidence, Port of Darwin Select Committee, Legislative Assembly of the Northern Territory, 31 March 2015, p. 12.

[8]        Department of the Chief Minister, Northern Territory Government, Research into the lease process, http://dcm.nt.gov.au/darwin_port_lease/research (accessed 9 December 2015).

[9]        Department of the Chief Minister, Northern Territory Government, Research into the lease process, http://dcm.nt.gov.au/darwin_port_lease/research (accessed 9 December 2015).

[10]      Department of the Chief Minister, Research into the lease process, http://dcm.nt.gov.au/darwin_port_lease/research (accessed 9 December 2015).

[11]      Department of the Chief Minister, Research into the lease process, http://dcm.nt.gov.au/darwin_port_lease/research (accessed 9 December 2015).

[12]      Northern Territory Government, Submission 16, p. 4.

[13]      Legislative Assembly of the Northern Territory Port of Darwin Select Committee, Port of Darwin Lease Model, April 2015, http://www.nt.gov.au/lant/parliamentary-business/committees/pod/Port_of_Darwin_Report.pdf (accessed 9 December 2015).

[14]      Legislative Assembly of the Northern Territory, Port of Darwin Select Committee Report: Port of Darwin Lease Model, April 2015, p.13, http://www.nt.gov.au/lant/parliamentary-business/committees/pod/Reports.shtml (accessed 9 December 2015).

[15]      For a detailed overview of Shandong Landbridge Group, see 'Company Overview of Shandong Landbridge Group', Bloomberg Business, http://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=33920707 (accessed 9 December 2015).

[16]      Landbridge Infrastructure Australia Pty. Ltd., Submission 17, p. 3.

[17]      Landbridge Infrastructure Australia Pty. Ltd., Submission 17, p. 3.

[18]      Landbridge Infrastructure Australia Pty. Ltd., Submission 17, p. 4.

[19]      Landbridge Infrastructure Australia Pty. Ltd., Submission 17, p. 4.

[20]      Landbridge Infrastructure Australia Pty. Ltd., Submission 17, p. 4.

[21]      The Hon. Adam Giles MLA, Chief Minister of the Northern Territory, 'NT Government selects Landbridge as its partner for the Port of Darwin', Media Release, 13 October 2015, available at http://newsroom.nt.gov.au/mediaRelease/15788 (accessed 9 December 2015).

[22]      'NT Government selects Landbridge as its partner for the Port of Darwin', Media Release, 13 October 2015, available at http://newsroom.nt.gov.au/mediaRelease/15788 (accessed 9 December 2015).

Chapter 3 - Foreign investment review framework

[1]        For an overview of both acts, see: http://www5.austlii.edu.au/au/legis/cth/num_act/faatfia2015515/ and https://www.comlaw.gov.au/Details/C2015C00620, respectively.

[2]        Foreign Investment Review Board (FIRB), About FIRB, https://firb.gov.au/about/ (accessed 11 January 2016).

[3]        FIRB, About FIRB, https://firb.gov.au/about/ (accessed 11 January 2016).

[4]        At the time of writing, in addition to the Chairman, Mr Brian Wilson, and the Executive Member, Mr Robert Donelly, FIRB comprises the following part-time members: Mr Michael D'Ascenzo, who was appointed in January 2013; Mr Patrick Secker, who was appointed to FIRB in December 2013; Ms Alice Williams, whose appointment commenced in July 2015; and Mr David Irvine, whose term began in December 2015. In addition, Mr David Peever's appointment to the Board was announced in December 2015. He took up his position on 1 February 2016.

[5]        The Hon. Joe Hockey, MP, Treasurer of the Commonwealth of Australia, 'Government Strengthens the Foreign Investment Framework', Media Release, 2 May 2015, http://jbh.ministers.treasury.gov.au/media-release/034-2015/ 

[6]        Foreign Acquisitions and Takeovers Regulation 2015, reg. 31(1). In addition, regulation 31 also stipulates that land acquired from an entity controlled by the Commonwealth, a State, a Territory or a local governing body is exempt from further scrutiny.

[7]        Mr Robert Donelly, Department of Treasury, Committee Hansard, 15 December 2015, p. 39.

[8]        The policy documents that outline the conditions of FIRB's involvement, along with the process that is followed if an assessment is required, can be accessed at: https://firb.gov.au/resources/policy-documents/

[9]        Treasurer, Australia's Foreign Investment Policy (as at December 2015), p. 13, http://firb.tspace.gov.au/files/2015/09/Australias_Foreign_Investment_Policy_December_2015_v2.pdf (accessed 18 January 2016).

[10]      Treasurer, Australia's Foreign Investment Policy, December 2015, p. 2.

[11]      Treasurer, Australia's Foreign Investment Policy, December 2015, p. 2.

[12]      Treasurer, Australia's Foreign Investment Policy, December 2015, p. 13.

[13]      Treasurer, Australia's Foreign Investment Policy, December 2015, p. 4.

[14]      Treasury, answer to question on notice, 15 December 2015 (received 11 January 2016).

[15]      Treasurer, Australia's Foreign Investment Policy, December 2015, p. 4.

[16]      Treasurer, Australia's Foreign Investment Policy, December 2015, p. 4.

[17]      Treasurer, Australia's Foreign Investment Policy, December 2015, p. 4.

[18]      Treasurer, Australia's Foreign Investment Policy, December 2015, p. 1.

Chapter 4 - Evidence in support of the current legislative and regulatory framework

[1]        Australia and New Zealand Banking Group, Submission 2, p. 2.

[2]        Australia and New Zealand Banking Group, Submission 2, pp. 1–2.

[3]        Australia and New Zealand Banking Group, Submission 2, p. 2.

[4]        Australia and New Zealand Banking Group, Submission 2, p. 2.

[5]        Port of Darwin Select Committee, Legislative Assembly of the Northern Territory, Port of Darwin Lease Model, April 2015, p. 3, http://www.nt.gov.au/lant/parliamentary-business/committees/pod/Reports.shtml (accessed 9 December 2015).

[6]        Port of Darwin Project Steering Committee, Submission to the Port of Darwin Select Committee, p. 3.

[7]        Port of Darwin Project Steering Committee, Submission to the Port of Darwin Select Committee, p. 10.

[8]        Port of Darwin Project Steering Committee, Submission to the Port of Darwin Select Committee, p. 10.

[9]        Port of Darwin Project Steering Committee, Submission to the Port of Darwin Select Committee, p. 10.

[10]      For an overview of both acts, see http://www.austlii.edu.au/au/legis/nt/num_act//poda201510o2015214/index.html#s3

[11]      Mr Dennis Richardson, Department of Defence, Committee Hansard, 15 December 2015, p. 19.

[12]      Mr Dennis Richardson, Department of Defence, Committee Hansard, 15 December 2015, p. 15.

[13]      Mr Dennis Richardson, Department of Defence, Committee Hansard, 15 December 2015, p. 13.

[14]      Mr Dennis Richardson, Department of Defence, Committee Hansard, 15 December 2015, p. 11.

[15]      Mr Dennis Richardson, Department of Defence, Committee Hansard, 15 December 2015, p. 13.

[16]      Mr Duncan Lewis, Australian Security Intelligence Organisation, Committee Hansard, 15 December 2015, p. 26.

[17]      Mr Duncan Lewis, Australian Security Intelligence Organisation, Committee Hansard, 15 December 2015, p. 25.

[18]      Mr Duncan Lewis, Australian Security Intelligence Organisation, Committee Hansard, 15 December 2015, p. 28.

Chapter 5 - Evidence in support of change to the legislative or regulatory framework

[1]        Victoria University, Institute for Supply Chain and Logistics, Submission 3, p. 2.

[2]        Dr Gennadi Kazakevitch, Submission 5, p. 2.

[3]        Dr Gennadi Kazakevitch, Submission 5, p. 2.

[4]        Maritime Union of Australia, Submission to the Port of Darwin Select Committee, Legislative Assembly of the Northern Territory, 11 March 2015, p. 2, http://www.nt.gov.au/lant/parliamentary-business/committees/pod/Submissions/Number_3_Maritime_Union_of_Australia.pdf (accessed 9 December 2015).

[5]        Maritime Union of Australia, Submission to the Port of Darwin Select Committee, Legislative Assembly of the Northern Territory, 11 March 2015, p. 17.

[6]        Maritime Union of Australia, Submission to the Port of Darwin Select Committee, Legislative Assembly of the Northern Territory, 11 March 2015, p. 17.

[7]        Australian Consumer and Competition Commission, Container Stevedoring Monitoring Report No. 16, https://www.accc.gov.au/system/files/ACCC%20stevedoring%20report%202014.pdf, (accessed 9 December 2015).

[8]        Australian Consumer and Competition Commission, Container Stevedoring Monitoring Report No. 16, p. 21.

[9]        Australian Consumer and Competition Commission, Container Stevedoring Monitoring Report No. 16, p. 21.

[10]      Australian Strategic Policy Institute, Submission 4, p. 2

[11]      Australian Strategic Policy Institute, Submission 4, p. 2.

[12]      Australian Strategic Policy Institute, Submission 4, pp. 2–3.

[13]      Australian Strategic Policy Institute, Submission 4, pp. 3–6.

[14]      Treasurer, Australia's Foreign Investment Policy, December 2015, p. 1, http://firb.gov.au/files/2015/09/Australias_Foreign_Investment_Policy_December_2015_v2.pdf p. 1 (accessed 18 January 2016).

[15]      Australian Strategic Policy Institute, Submission 4, p. 4.

[16]      Australian Strategic Policy Institute, Submission 4, p. 6.

[17]      Peter Jennings, 'Darwin: Port in A Storm', The Strategist, 6 November 2015, http://www.aspistrategist.org.au/darwin-storm-in-a-port/, (accessed 9 December 2015).

[18]      Australian Strategic Policy Institute, Submission 4, p. 7.

[19]      Australian Strategic Policy Institute, Submission 4, p. 7.

Additional comments by Coalition Senators

[1]        Morrison 2015, http://sjm.ministers.treasury.gov.au/transcript/067-2015/