Footnotes

Chapter 1 - Introduction

[1]        Department of Defence, Submission 8, p. 1.

[2]        Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 1.

[3]        Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 2.

[4]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2010, 27 October 2010, p. 33.

Chapter 2 - Background to and purpose of the bill

[1]        Department of Defence website, http://www.defence.gov.au/footer/contacts.htm (accessed 2 November 2010).

[2]        Department of Defence, 'Portfolio Overview', Portfolio Budget Statements 2010–11, Commonwealth of Australia, Canberra, p. 3, http://www.defence.gov.au/budget/10-11/pbs/2010-2011_Defence_PBS_02_overview.pdf (accessed 2 November 2010).

[3]        Department of Defence, Defending Australia in the Asia Pacific Century: Force 2030, Defence White Paper 2009, p. 119, http://www.defence.gov.au/whitepaper/docs/defence_white_paper_2009.pdf (accessed 2 November 2010).

[4]        Department of Defence Infrastructure Division, A Message from HI–Infrastructure Division, John Owens–Head Infrastructure Division, undated, http://www.defence.gov.au/id/Message%20from%20HI.htm (accessed 2 November 2010).

[5]        Department of Defence, Defending Australia in the Asia Pacific Century: Force 2030, Defence White Paper 2009, p. 121, http://www.defence.gov.au/whitepaper/docs/defence_white_paper_2009.pdf (accessed 2 November 2010).

[6]        Department of Defence, Submission 8, p. 6.

[7]        Department of Defence, Defending Australia in the Asia Pacific Century: Force 2030, Defence White Paper 2009, p. 122, http://www.defence.gov.au/whitepaper/docs/defence_white_paper_2009.pdf (accessed 2 November 2010).

[8]        Department of Defence, Submission 8, p. 6.

[9]        Defence Support Group, Department of Defence, Overview of Facility Operations, March 2009, p. 7, http://www.defence.gov.au/im/estate_maintenance/11/docs/gesst/11.180a%20GESST16%20FACOPS%20Overview%20090513.ppt (accessed 2 November 2010). Department of Defence Infrastructure Division, A Message from HI–Infrastructure Division, John Owens–Head Infrastructure Division, undated, http://www.defence.gov.au/id/Message%20from%20HI.htm (accessed 2 November 2010).

[10]      Clive Williams, Submission 1, p. 1.

[11]      Department of Defence, Submission 8, p. 4.

[12]      Department of Defence, Submission 8, p. 6.

[13]      Department of Defence, Submission 8, p. 6.

[14]      Sally Neighbour, 'No sign of stolen rocket-launchers', The Australian, 17 October 2009, http://www.theaustralian.com.au/news/no-sign-of-stolen-rocket-launchers/story-e6frg6o6-1225787746734 (accessed 1 October 2010),  'Terror arms soldier Shane Della-Vedova jailed', The Daily Telegraph, 16 May 2008, http://www.dailytelegraph.com.au/news/nsw-act/terror-arms-soldier-jailed/story-e6freuzi-1111116354690 (accessed 1 October 2010).

[15]      The Hon Stephen Smith MP, Minister for Defence, Second Reading Speech, House Hansard, 29 September 2010, p. 11.

[16]      Sally Neighbour, 'No sign of stolen rocket-launchers', The Australian, 17 October 2009, http://www.theaustralian.com.au/news/no-sign-of-stolen-rocket-launchers/story-e6frg6o6-1225787746734 (accessed 1 October 2010).

[17]      Milanda Rout, 'Jihad's motley crew', The Australian, 30 October 2009, http://www.theaustralian.com.au/news/features/jihads-motley-crew/story-e6frg6z6-1225792580038 (accessed 1 October 2010).

[18]      Cameron Stewart and Milanda Rout, 'Somali extremists on a 'fatwa order' from God', The Australia, 5 August 2010, http://www.theaustralian.com.au/news/nation/somali-extremists-on-a-fatwa-order-from-god/story-e6frg6nf-1225758010718 (accessed 1 October 2010). Paul Anderson and Norrie Ross, 'Three Melbourne men guilty of planning terror attack on NSW army base', The Daily Telegraph, 23 December 2010, http://www.dailytelegraph.com.au/news/nsw-act/three-melbourne-men-guilty-of-planning-terror-attack-on-nsw-army-base/story-e6freuzi-1225975368101 (accessed 23 December 2010).

[19]      'Three guilty of planning terror attack', ABC News, 23 December 2010, http://www.abc.net.au/news/stories/2010/12/23/3100126.htm (accessed 24 December 2010).

[20]      Clive Williams, Submission 1, p. 1.

[21]      The Hon Kevin Rudd MP, Prime Minister, Transcript of Interview, ABC Radio AM Program, 5 August 2009, http://parlinfo.aph.gov.au/parlInfo/download/media/pressrel/9ZBU6/upload_binary/9zbu60.pdf;fileType=application/pdf (accessed 1 October 2010).

[22]      'Holsworthy review 'will take one month'', The Age, 6 August 2009, http://news.theage.com.au/breaking-news-national/holsworthy-review-will-take-one-month-20090806-eadp.html (accessed 1 October 2010).

[23]      Sean Rubinsztein-Dunlop, 'Journalists caught inside Sydney army base', ABC News, http://www.abc.net.au/news/stories/2009/08/05/2647236.htm (accessed 12 October 2010).

[24]      'Defence allowed to shoot terrorists', The Sydney Morning Herald, 24 June 2010, http://news.smh.com.au/breaking-news-national/defence-allowed-to-shoot-terrorists-20100624-z38y.html (accessed 1 October 2010).

[25]      Department of Defence, 'Defence Base Security Review–Update', Defence Media Release, MSPA 361/09, 22 October 2009, http://www.defence.gov.au/media/DepartmentalTpl.cfm?CurrentId=9612 (accessed 1 October 2010).

[26]      Department of Defence, 'Defence Base Security Review–Update', Defence Media Release, MSPA 361/09, 22 October 2009, http://www.defence.gov.au/media/DepartmentalTpl.cfm?CurrentId=9612 (accessed 1 October 2010).

[27]      Department of Defence, Submission 8, p. 5.

[28]      The Hon Stephen Smith MP, Minister for Defence, Second Reading Speech, House Hansard, 29 September 2010, p. 11.

[29]      Department of Defence, Submission 8, p. 5.

[30]      The Hon Stephen Smith MP, Minister for Defence, Second Reading Speech, House Hansard, 29 September 2010, p. 89.

[31]      Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 4.

[32]      This includes a place occupied for a special defence undertaking (section 7) and any area of land and/or water declared by the Minister to be a prohibited area for the purposes of the defence of the Commonwealth (section 8).

[33]      Submission 5.

[34]      ACT Legislative Assembly, Submission 6, p. 1.

[35]      New South Wales Department of Premier and Cabinet, Submission 7, p. 1.

[36]      South Australia Police, Submission 2, Victoria Police, Submission 3 and 3A, Police Federation of Australia, Submission 4, Western Australia Department of the Premier and Cabinet, Submission 9; Commissioner of Police, Tasmania, Submission 10.

[37]      Mr Clive Williams, Submission 1.

Chapter 3 - Consensual and non-consensual security functions

[1]        Department of Defence, Submission 8, p. 6.

[2]        Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71H(1) and 71K(2).

[3]        Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71H(2) and 71J(1).

[4]        Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71H(3) and 71J(2).

[5]        Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71H(4), 71J(3) and 71K(3).

[6]        Subdivision B.

[7]        Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 6.

[8]        Defence Legislation Amendment (Security of Defence Premises) Bill 2010, Schedule 1, Part 1.

[9]        Defence Legislation Amendment (Security of Defence Premises) Bill 2010, s. 72J.

[10]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 72G(1).

[11]      The Hon Stephen Smith MP, Minister for Defence, Second Reading Speech, House Hansard, 29 September 2010, p. 12.

[12]      Section 71B of the bill defines a contracted defence security guard as a person who is party to or a subcontractor for a contract with the Commonwealth or a Commonwealth entity or an employee of one or the other and has satisfied the training and qualification requirements as determined by the Minister by legislative instrument.

[13]      Clive Williams, Submission 1, p. 3.

[14]      Police Federation of Australia, Submission 4, p. 1.

[15]      Police Federation of Australia, Submission 4, p. 1.

[16]      Police Federation of Australia, Submission 4, pp. 1– 2.

[17]      Department of Defence, Submission 8A, p. 8.

[18]      Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 4.

[19]      Department of Defence, Submission 8A, p. 5. Details of the mandatory requirements for contracted security guards and the training package are provided in the department's supplementary submission which is provided in Appendix 2 to this report.

[20]      Department of Defence, Submission 8A, p. 1.

[21]      Clauses 71H–71N.

[22]      Department of Defence, Submission 8A, p. 9.

[23]      Department of Defence, Submission 8, p. 4.

[24]      Western Australia Department of the Premier and Cabinet, Submission 9, p. 2.

[25]      Northern Territory Government, Submission 5, p. 1.

[26]      Victoria Police, Submission 3, p. 1.

[27]      Department of Defence, Submission 8, p. 12.

[28]      Department of Defence, Submission 8, p. 12.

[29]      Department of Defence, Submission 8, p. 4.

[30]      Such officials are defined in sections 71C and 71D respectively of the bill.

[31]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71R(1) and 71T(1)

[32]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71R(2), 71S(1), 71T(3) and 71U(2).

[33]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71R(3) and 71S(2).

[34]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71R(4), 71S(3), 71T(4) and 71U(3).

[35]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71T and 71U.

[36]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, s. 72.

[37]      The Hon Stephen Smith MP, Minister for Defence, Second Reading Speech, House Hansard, 29 September 2010, p. 12.

[38]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, s. 72M.

[39]      Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 19.

[40]      Department of Defence, Submission 8A, p. 7.

[41]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2010, 27 October 2010, p. 37.

[42]      Department of Defence, Submission 8A, p. 7.

[43]      Department of Defence, Submission 8A, p. 7.

[44]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 72B(2).

[45]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 72B(3) and Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 16.

[46]      Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 14.

[47]      Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 14.

[48]      The application of strict liability negates the requirement to prove fault (A Guide to Framing Commonwealth Offences, Civil Penalties and Enforcement Powers, December 2007, p. 24).

[49]      Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 14.

[50]      Department of Defence, Submission 8A, p. 6.

[51]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2010, 27 October 2010, p. 34.

[52]      Victoria Police, Submission 3A, p. 1.

[53]      Senate Standing Committee for the Selection of Bills, Report No. 11 of 2010, 30 September 2010, Appendix 11.

[54]      Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 11.

[55]      Whilst there are trespass offences in the Defence Act 1903, there is no requirement for written notice of trespass equivalent to that in the Crimes Act 1914.

[56]      Western Australia Department of the Premier and Cabinet, Submission 9, p. 1.

[57]      Department of Defence, Submission 8, p. 3.

[58]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 72B(3)(c).

[59]      The Hon Stephen Smith MP, Minister for Defence, Second Reading Speech, House Hansard, 29 September 2010, p. 13.

[60]      Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 5. See also statement by the Minister for Defence that as the department's estate covers over three million hectares of land, Defence proposes to address the challenge of detecting trespassers by increasing the use of optical surveillance on defence premises which may include 'video surveillance, including close circuit television, or CCTV'. The Hon Stephen Smith MP, Minister for Defence, Second Reading Speech, House Hansard, 29 September 2010, p. 13.

[61]      Department of Defence, Submission 8, p. 6.

[62]      Department of Defence, Submission 8, p. 12.

[63]      Department of Defence, Submission 8, p. 7.

Chapter 4 - The use of force

[1]        'Defence allowed to shoot terrorists', The Sydney Morning Herald, 24 June 2010, http://news.smh.com.au/breaking-news-national/defence-allowed-to-shoot-terrorists20100624z38y.html (accessed 1 October 2010), Senator the Hon Mark Arbib, Second Reading Speech, Senate Hansard, 24 June 2010, p. 4337.

[2]        Department of Defence, Submission 8, p. 5.

[3]        A security authorised member of the Defence Force is a person who is an ADF member and authorised by the Minister or included in a class of persons authorised by the Minister and satisfies the training and qualification requirements determined by the Minister. See further section 71C of the Defence Legislation Amendment (Security of Defence Premises) Bill 2010.

[4]        Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 14.

[5]        Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, pp. 14, 17–18.

[6]        Defence Legislation Amendment (Security of Defence Premises) Bill 2010, ss. 71G(1).

[7]        Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 18.

[8]        The Hon Stephen Smith MP, Minister for Defence, Second Reading Speech, House Hansard, 29 September 2010, p. 11.

[9]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2010, 27 October 2010, p. 35.

[10]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2010, 27 October 2010, p. 35.

[11]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2010, 27 October 2010, p. 34.

[12]      Department of Defence, Defence Annual Report 2008-09, Schedule of Commitments as at 30 June 2009, http://www.defence.gov.au/budget/08-09/dar/vol1/append09_08.htm (accessed 9 November 2010).

[13]      Defence Legislation Amendment (Security of Defence Premises) Bill 2010, s.71A.

[14]      Department of Defence, Submission 8A, p. 3.

Chapter 5 - Training of defence security officials

[1]        Senate Standing Committee for the Selection of Bills, Report No. 11 of 2010, 30 September 2010, Appendix 11.

[2]        Victoria Police, Submission 3A, p. 1.

[3]        Commissioner of Police, Tasmania, Submission 10, p. 1.

[4]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2010, 27 October 2010, p. 34.

[5]        NSW Department of Premier and Cabinet, Submission 7, p. 1.

[6]        Department of Defence, Submission 8, p. 4.

[7]        Subsections 71B(4), 71C(4) and 71D(4) and paragraph 71C(5)(b).

[8]        Explanatory Memorandum, Defence Legislation Amendment (Security of Defence Premises) Bill 2010, p. 9.

[9]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2010, 27 October 2010, p. 34.

[10]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 8 of 2010, 27 October 2010, p. 35.

[11]      Senate Standing Committee for the Selection of Bills Committee, Report No. 11 of 2010, 30 September 2010, Appendix 11.

[12]      New South Wales Department of Premier and Cabinet, Submission 7, p. 1.

[13]      Department of Defence, Submission 8, p. 2.

[14]      Attorney-General's Department, The Legislative Instruments Handbook, December 2004, p. 8.

[15]      Department of Defence, Submission 8, p. 3.

[16]      Australian Federal Police, Submission No. 278 to the Senate Select Committee on Mental Health Inquiry into the Provision of Mental Health Services in Australia, 2006, https://www.aph.gov.au/senate/committee/mentalhealth_ctte/submissions/sub278.pdf (accessed 3 November 2010).

[17]      Australian Federal Police evidence to ACT Legislative Assembly Standing Committee on Legal Affairs, Police Powers of Crowd Control, Report 6, May 1997, p. 42, http://www.parliament.act.gov.au/downloads/reports/06%20police%20powers%20final.pdf (accessed 3 November 2010).

[18]      Commissioner's Order 3 cited in ACT Legislative Assembly Standing Committee on Legal Affairs, Police Powers of Crowd Control, Report 6, May 1997, p. 35, http://www.parliament.act.gov.au/downloads/reports/06%20police%20powers%20final.pdf (accessed 3 November 2010).

[19]      Australian Federal Police evidence to ACT Legislative Assembly Standing Committee on Legal Affairs, Police Powers of Crowd Control, Report 6, May 1997, p. 35, http://www.parliament.act.gov.au/downloads/reports/06%20police%20powers%20final.pdf (accessed 3 November 2010).