Footnotes

Chapter 1 - Introduction

[1]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest, no.1 of 2009, 4 February 2009, p. 17.

Chapter 2 - Provisions of the Bill

[1]        ICRC, http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/emblem?OpenDocument (accessed 8 December 2008).

[2]        Australian Red Cross, Submission 2, [p. 3].

[3]        The Hon Joel Fitzgibbon MP, Minister for Defence, Second reading speech, House Hansard, 3 December 2008, p. 3.

[4]        Australian Red Cross, Submission 2, [p. 2]; Jean-François Quéguiner, Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), International Review of the Red Cross, Volume 89, Number 865, March 2007, p. 176.

[5]        Jean-François Quéguiner, Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), International Review of the Red Cross, Volume 89, Number 865, March 2007, pp. 176–177. Iran discontinued using the red lion and sun emblem and adopted the red crescent in 1980. ICRC, About the adaptation of the additional emblem: questions and answers, http://www.icrc.org/Web/Eng/siteeng0.nsf/html/emblem-questions-answers-281005 (accessed 9 December 2008).

[6]        Jean-François Quéguiner, Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), International Review of the Red Cross, Volume 89, Number 865, March 2007, p. 187.

[7]        Australian Red Cross, Submission 2, [p. 3].

[8]        Jean-François Quéguiner, Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), International Review of the Red Cross, Volume 89, Number 865, March 2007, p. 187.

[9]        Jean-François Quéguiner, Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), International Review of the Red Cross, Volume 89, Number 865, March 2007, p. 187.

[10]      ICRC, http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section_ihl_nat_emblem (accessed 8 December 2008).

[11]      Jean-François Quéguiner, Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), International Review of the Red Cross, Volume 89, Number 865, March 2007, pp. 190–191. An emblem other than red cross or red crescent can be incorporated on strict conditions. Currently, only the shield of David used by Israel's national society Magen David Adom meets those conditions.

[12]      Jean-François Quéguiner, Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), International Review of the Red Cross, Volume 89, Number 865, March 2007, p. 192.

[13]      Jean-François Quéguiner, Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), International Review of the Red Cross, Volume 89, Number 865, March 2007, pp. 188–189; Australian Red Cross, Submission 2, [p. 3].

[14]      ICRC, http://www.icrc.org/Web/eng/siteeng0.nsf/html/section_ihl_emblem?OpenDocument (accessed 8 December 2008).

[15]      Explanatory Memorandum, p. 2.

[16]      The Hon Joel Fitzgibbon MP, Minister for Defence, Second reading speech, House Hansard, 3 December 2008, p. 3.

[17]      Explanatory Memorandum, paragraph 16, p. 5.

[18]      Australian Red Cross, Submission 2, [p. 4].

[19]      ICRC, Model Law on the Emblems: National Legislation on the Use and Protection of the Emblem of the Red Cross, Red Crescent and Red Crystal', Advisory Service on International Humanitarian Law, footnote 10, p. 3.

[20]      The Hon Joel Fitzgibbon MP, Minister for Defence, Second reading speech, House Hansard, 3 December 2008, p. 3.

[21]      ICRC, 'Model Law on the Emblems: National Legislation on the Use and Protection of the Emblem of the Red Cross, Red Crescent and Red Crystal', Advisory Service on International Humanitarian Law, footnote 34, p. 9.

[22]      The Hon Joel Fitzgibbon MP, Minister for Defence, Second reading speech, House Hansard, 3 December 2008, p. 3.

[23]      Jean-François Quéguiner, Commentary on the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), International Review of the Red Cross, Volume 89, Number 865, March 2007, p. 195. Formally not party to the Geneva Conventions, the UN is not authorised to use the distinctive emblems of the Red Cross/Red Crescent movement. However, the armed forces of UN member states, serving under the auspices of the organisation, have the right to use the emblems and the obligation to respect them. Countries may also opt to choose a common emblem together with partnering countries.

[24]      During the May 2008 estimates' hearings, the committee sought detail on the entitlements under the scheme. Mr Martin Bowles, Deputy Secretary Defence Support, explained that the scheme covered basic medical services—predominantly GP-type services—and a $300 per annum issue for dental services. Committee Hansard, 22 October 2008, p. 111.

[25]      The Hon Warren Snowdon MP, Minister for Defence Science and Personnel, Media Release, 149/08, 17 October 2008.

[26]      Defence Force Welfare Association, Submission 1, p. 2.

[27]      Department of Defence, answer to question on notice no. 1, see Appendix 2.

[28]      Department of Defence, answer to written question on notice no. 1, see Appendix 2.

[29]      Defence (Special Undertakings) Act 1952, Section 9, Unlawful entry etc.

[30]      Crown Prosecutor Hilton Dembo, 'Four found guilty over Pine Gap break-in', Australian, 14 June 2007.

[31]      Tara Ravens, 'Pine Gap protestors' convictions quashed', Sydney Morning Herald, 22 February 2008. It had been the intention of the four to prove that 'Pine Gap was not being used in the Defence of Australia, but in fact was being used to wage a war of aggression in Iraq',
Mr Jim Dowling, Submission 10, p. 1.

[32]      Department of Defence, answer to written question on notice no. 2, see Appendix 2.

[33]      Defence Legislation (Miscellaneous Amendments) Bill 2008, Second reading speech, House Hansard, 3 December 2008, p. 12290. As documented in a report by the Joint Standing Committee on Treaties, four types of signals intelligence are collected at the facility: telemetry signals, which send data from deployed missiles; radar signals associated with anti-ballistic missile shields; satellite communications; and microwave emissions. The latter give the base the capacity to eavesdrop on all domestic and international telephone calls and other telecommunications. Joint Standing Committee on Treaties, An agreement to extend the period of operation of the Joint Defence Facility at Pine Gap, Report 26, October 1999, pp. 12–13.

[34]      Department of Defence, answer to written question on notice no. 3 and no. 2, see Appendix 2.

[35]      Dr Ben Saul, University of Sydney, Submission 3, p. 2.

[36]      Dr Ben Saul, University of Sydney, Submission 3, p. 2.

[37]      Dr Ben Saul, University of Sydney, Submission 3, p. 2.

[38]      Department of Defence, answer to written question on notice no. 2, see Appendix 2.

[39]      Dr Ben Saul, University of Sydney, Submission 3, p. 2; Rev. Simon Moyle, Submission 4, p. 2.

[40]      Mr Jim Dowling, Submission 10, p. 2. This view was also supported by Dr Ben Saul, University of Sydney, Submission 4, p. 2.

[41]      Mr McBride, 'Defence (Special Undertakings) Bill 1952', Second reading speech, House Hansard, 4 June 1952, pp. 1374–1375. The Opposition supported the Bill. Leader of the Opposition, Dr Evatt, explained his party's position in the following way: '...the Opposition believes that the bill should be passed and that there should be no opposition to it. In the light of precautions that are to be taken in connection with the atomic tests, the Opposition asks the Minister to consider the application of the bill to other defence projects. As the Minister has stated previously, the bill contains some drastic provisions. They are justified in serious cases, and the Attorney-General must approve of prosecutions that are laid under it.' Dr Evatt, 'Defence (Special Undertakings) Bill 1952', Second reading speech, House Hansard, 5&6 June 1952, p. 1619.

[42]      As appears in footnote 41.

[43]      Anti-Bases Campaign Coalition, Submission 6, p. 2.

[44]      See Mr Benjo Keaney, Submission 9, p. 5; Mr Jim Dowling, Submission 10, p. 2.

[45]      Defence (Special Undertakings) Act 1952, Section 9, Unlawful entry etc.

[46]      Anti-Bases Campaign Coalition, Submission 6, p. 1.

[47]      Department of Defence, answer to written question on notice no. 3, see Appendix 2.

[48]      Department of Defence, answer to written question on notice no. 3, see Appendix 2.