Footnotes

Chapter 1 - Introduction and Background

[1]        House of Representatives Votes and Proceedings, 5 March 2015, p. 1177.

[2]        Journals of the Senate, 5 March 2015, p. 2257.

[3]        Explanatory Memorandum (EM), p. 1.

[4]        The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 5 March 2015, p. 2131.

[5]        EM, p. 1.

[6]        Refugee Council of Australia, Submission 13, p. 2 (quoting the Science and Technology Committee of the UK House of Commons). See also Australian Privacy Foundation, Submission 9, [p. 6].

[7]        The Hon Terrence Aulich, Chair Privacy Experts Group, Biometrics Institute, Committee Hansard, 16 April 2015, p. 10. Issues relating to the accuracy of biometric data obtained from young people are discussed further in chapter 2 at paragraphs 2.34-2.35.

[8]        The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 5 March 2015, p. 2131.

[9]        EM, p. 1.

[10]      Revised Explanatory Memorandum to the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014, p. 67.

[11]      The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 5 March 2015, p. 2131.

[12]      Explanatory Memorandum (EM), p. 1.

[13]      EM, p. 2.

[14]      EM, p. 2.

[15]      Proposed new subsection 257A(2) states that the purposes for which personal identifiers may be collected include those listed in subsection 5A(3) of the Migration Act; under subsection 5A(3) a range of purposes are listed including authentication of an individual's identity, identifying persons who are of character or security concern, and combatting document and identity fraud.

[16]      EM, p. 18.

[17]      EM, p. 18.

[18]      EM, p. 19.

[19]      EM, p. 19.

[20]      EM, p. 21.

[21]      EM, p. 21.

[22]      EM, p. 27.

[23]      EM, p. 27.

[24]      The department informed the committee that currently, the consent of a parent/guardian or independent person is not required when collecting personal identifiers from any minor at Australia's border on arrival or departure, or in transit from port-to-port. Under current subsection 261AL(2), the consent of a parent/guardian or independent guardian of a non-citizen minor is required in some other prescribed circumstances.  See: Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [p. 9]; Migration Act 1958, Section 261AL.

[25]      EM, p. 28.

[26]      EM, p. 29.

[27]      'Incapable person' is defined in subsection 5(1) of the Migration Act as ' a person who is incapable of understanding the general nature and effect of, and purposes of, a requirement to provide a personal identifier'.

Chapter 2 - Key Issues

[1]        See, for example: Australian Lawyers for Human Rights, Submission 7, [p. 2]; Australian Privacy Foundation, p. 1; Refugee Council of Australia, Submission 13, p. 2.

[2]        Submission 7, [p. 2].

[3]        Submission 12, p. 4.

[4]        Submission 12, pp 4-5.

[5]        Australian Lawyers for Human Rights, Submission 7, [p. 3].

[6]        Submission 10, p. 6.

[7]        Submission 10, p. 8.

[8]        Submission 12, p. 5.

[9]        Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [p. 2].

[10]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [pp 2-3].

[11]      Submission 10, p. 7. See also: NSW Council for Civil Liberties, Submission 8, p. 4.

[12]      Submission 12, p. 7.

[13]      Submission 13, p. 3.

[14]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [p. 3].

[15]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [p. 3].

[16]      Committee Hansard, 16 April 2015, p. 15.

[17]      Committee Hansard, 16 April 2015, p. 14.

[18]      Submission 10, pp 7-8.

[19]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [pp 3-4].

[20]      Australian Privacy Foundation, Submission 9, p. 3. See also Law Council of Australia, Submission 10, p. 23.

[21]      See, for example: Law Council, Submission 10, p. 9; Australian Privacy Foundation, Submission 9, p. 2.

[22]      Submission 12, p. 7.

[23]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [p. 2].

[24]      See, for example: Refugee Council of Australia, Submission 13, p. 1; NSW Council for Civil Liberties, pp 4, 5 and 6; Australian Privacy Foundation, Submission 9, pp 2- 3.

[25]      Submission 10, p. 11.

[26]      Submission 10, p. 11.

[27]      Submission 10, p. 12.

[28]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [pp 5-6].

[29]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [p. 4].

[30]      See, for example: Australian Lawyers for Human Rights, Submission 7, pp 4-5; Law Council of Australia, Submission 10, p. 18; NSW Council for Civil Liberties, Submission 8, p. 5.

[31]      Submission 11, p. 7.

[32]      Submission 7, pp 4 and 5.

[33]      Submission 10, p. 18.

[34]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [p. 7].

[35]      Committee Hansard, 16 April 2015, p. 10.

[36]      Committee Hansard, 16 April 2015, p. 11.

[37]      Submission 10, p. 22.

[38]      Submission 10, p. 23.

[39]      Submission 7, [p. 5].

[40]      EM, p. 29.

[41]      Submission 10, p. 17. See also: NSW Council for Civil Liberties, Submission 8, p. 5; Combined Refugee Action Group, Submission 4, p. 1.

[42]      Submission 10, p. 16.

[43]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [p. 7].

[44]      Department of Immigration and Border Protection, Responses to questions taken on notice at a public hearing on 16 April 2015 (received 30 April 2015), [p. 2].

Labor Senators’ Dissenting Report - Key Issues

[1]        Ms Olga Ganopolsky, Law Council of Australia, Committee Hansard, 16 April 2015, p. 2.

[2]        Dr Natasha Molt, Law Council of Australia, Committee Hansard, 16 April 2015, p. 3.

[3]        Ms Olga Ganopolsky, Law Council of Australia, Committee Hansard, 16 April 2015, p. 3.

[4]        Committee Hansard, 16 April 2015, p. 5.

[5]        Ms Olga Ganopolsky and Mr Matthew Dunn, Law Council of Australia, Committee Hansard, 16 April 2015, p. 7.

[6]        Ms Olga Ganopolsky, Law Council of Australia, Committee Hansard, 16 April 2015, pp 2 and 5.

[7]        Ms Olga Ganopolsky, Law Council of Australia, Committee Hansard, 16 April 2015, p. 2.