Footnotes

CHAPTER 1 - Introduction

[1]        Journals of the Senate, 20 August 2012, p. 2801.

[2]        House of Representatives Votes and Proceedings, 20 August 2012, p. 1708.

[3]        Journals of the Senate, 20 August 2012, p. 2806.

[4]        EM, Maritime Powers Bill 2012, p. 3.

[5]        Australia's coastal waters are defined as the area extending three nautical miles from the coastline of the Australian mainland and external territories, while Australia's territorial sea is defined as the area extending 12 nautical miles from the coastline of the Australian mainland and external territories. For more information see Geoscience Australia, 'Australia's Maritime Zones', http://www.ga.gov.au/image_cache/GA3746.pdf (accessed 25 June 2012).

[6]        Australia's external territories comprise of the: Australian Antarctic Territory; Coral Sea Islands Territory; Territory of Norfolk Island; Territory of Ashmore and Cartier Islands; Territory of Heard Island and McDonald Islands; Territory of Cocos (Keeling) Islands; and Territory of Christmas Island.

[7]        EM, Maritime Powers Bill, p. 14.

[8]        Submission 4, p. 2.

[9]        House of Representatives Hansard, 30 May 2012, p. 8.

[10]      House of Representatives Hansard, 30 May 2012, p. 8.

[11]      The Hon Robert McClelland MP, Attorney-General, and the Hon Brendan O'Connor MP, Minister for Home Affairs, 'Reform of Maritime Enforcement Legislation', Joint Media Release, 15 September 2009.

[12]      Border Protection Command, Homeland Security Review (Smith Review), http://www.bpc.gov.au/site/homeland-security.asp (accessed 9 August 2012).

CHAPTER 2 - Key provisions of the bills

[1]        Clause 54, Maritime Powers Bill.

[2]        These offences are found in subclauses 53(1), 54(1), 55(1) and 55(7) respectively. The penalty for each of these offences is two years imprisonment or 120 penalty units, or both.

[3]        Clauses 57-58.

[4]        Explanatory Memorandum (EM), Maritime Powers Bill, p. 47.

[5]        Under subclause 61(4), an 'ordinary search'  is a search of a person including the removal of external clothing such as a coat or jacket, while a 'frisk search' is a search of a person conducted by quickly running hands over the person's outer garments, and an examination of anything worn or carried by the person. Clause 62 details that, wherever possible, frisk searches must be conducted by a person who is of the same sex as the person being searched.

[6]        For example, by opening a package; testing, scanning or analysing a thing; operating a thing; or photographing or recording a thing.

[7]        Subclauses 64(2)-(3) make it an offence to break, deface or remove a seal, mark, label or tagging device which has been put in place using the exercise of powers. The penalty for this offence is 50 penalty units.

[8]        Under clause 81, different procedures apply to things which have been seized under clause 67 and retained under clause 68. Except in certain prescribed circumstances, seized things must be returned within 120 days of their seizure, while retained things must be returned within 28 days.

[9]        Clauses 80, 82, 89, Maritime Powers Bill.

[10]      The detention provisions, listed in clause 73, are relevant provisions in the Environment Protection and Biodiversity Conservation Act 1999, the Fisheries Management Act 1991 (Fisheries Management Act), the Torres Strait Fisheries Act 1984, and any other provision to be prescribed by regulations.

[11]      Clause 9 defines being 'involved' in a contravention for the purposes of authorisations under clause 17. Generally, a vessel, aircraft, installation, protected land area or isolated person may be considered 'involved' if it is: in the physical vicinity of where the contravention is occurring; being directly used in a contravention; or has some other direct connection to the contravention. 

[12]      Monitoring laws include laws such as the Customs Act 1901 and the Fisheries Management Act, which requires compliance monitoring. For example, under this clause an authorisation could be made to approach a vessel to ensure that it has an appropriate fishing license under the Fisheries Management Act.

[13]      Actionable contraventions are contraventions of laws specifically to be prescribed in regulations, or contraventions in cases directly approved by the Minister. The EM explains on p. 27 that 'it is proposed that this subclause will provide for the exercise of maritime powers in relation to aircraft that have a nexus with the maritime environment'.

[14]      EM, Maritime Powers Bill, p. 30.

[15]      If, however, the Minister has specifically given approval for an authorisation to be made, that approval lapses 14 days after it is given.

[16]      EM, Maritime Powers Bill, p. 31.

[17]      EM, Maritime Powers Bill, p. 33.

[18]      EM, Maritime Powers Bill, p. 35.

[19]      EM, Maritime Powers Bill, p. 37.

[20]      These exceptions include, among other things, circumstances where the use of powers is requested or agreed to by the relevant second country; or is undertaken to ensure compliance with, or investigate a breach of, international agreements.

[21]      EM, Consequential Amendments Bill, p. 17.

CHAPTER 3 - Key issues

[1]        Submission 6, p. 1.

[2]        Australian Fisheries Management Authority, Submission 2, p. 1; Australian Customs and Border Protection Service, Submission 3, p. 1; T.N. Jones AM, CSC, RAN, Acting Chief of Navy, on behalf of the Department of Defence, Submission 6, p. 1.

[3]        Submission 4, pp 2-3.

[4]        EM, Maritime Powers Bill, p. 67.

[5]        Attorney-General's Department, response to questions on notice, received 6 August 2012, pp 1‑2.

[6]        Response to questions on notice, received 6 August 2012, p. 2.

[7]        Response to questions on notice, received 6 August 2012, p. 2.

[8]        Submission 1, p. 3.

[9]        Parliamentary Library, Bills Digest No. 170, 2011-12: Maritime Powers Bill; 26 June 2012, pp 19-20.

[10]      Response to questions on notice, received 6 August 2012, p. 3.

[11]      Submission 1, pp 1, 3.

[12]      Response to questions on notice, received 6 August 2012, p. 3.

[13]      Submission 1, p. 3.

[14]      Response to questions on notice, received 6 August 2012, p. 4.

[15]      Submission 1, p. 4.

[16]      Response to questions on notice, received 6 August 2012, p. 4.

[17]      Response to questions on notice, received 6 August 2012, pp 4-5.

[18]      House of Representatives Hansard, 30 May 2012, p. 8.

[19]      Response to questions on notice, received 6 August 2012, p. 6.

[20]      Maritime Powers Bill 2012: Explanatory Memorandum, p. 27.

COALITION SENATORS'  DISSENTING REPORT

[1]        Committee Hansard, 10 September 2012, p. 3.