Footnotes

CHAPTER 1 - INTRODUCTION

[1]        House of Representatives Votes and Proceedings, No. 137, 10 October 2012, pp 1854-1855.

[2]        Journals of the Senate, No. 128, 28 November 2012, p. 3463.

[3]        Journals of the Senate, No. 117, 11 October 2012, pp 3117-3118.

[4]        House of Representatives Hansard, 11 October 2012, pp 12109-12110.

[5]        Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Provisions of the Regulatory Powers (Standard Provisions) Bill 2012, 23 October 2012, p. 1.

[6]        Parliamentary Joint Committee on Law Enforcement, Regulatory Powers (Standard Provisions) Bill 2012, November 2012, p. 2.

[7]        Parliamentary Joint Committee on Law Enforcement, Regulatory Powers (Standard Provisions) Bill 2012, November 2012, p. 1.

[8]        Journals of the Senate, No. 128, 28 November 2012, p. 3463.

[9]        The Hon Nicola Roxon MP, Attorney-General, House of Representatives Hansard, 10 October 2012, p. 11768.

[10]      The Hon Nicola Roxon MP, Attorney-General, House of Representatives Hansard, 10 October 2012, p. 11768.

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

[12]      See, for example, clauses 18 (Part 2 – Monitoring) and 48 (Part 3 – Investigation).

[13]      Submission 5, p. 1.

[14]      EM, p. 1.

[15]      EM, p. 2.

[16]      Other powers in clause 20 relate to: making still and moving images of any thing on premises; inspecting documents; taking extracts or copies of such documents; and taking equipment onto premises for the purpose of exercising the monitoring powers.

[17]      EM, p. 2.

[18]      Investigation warrants are dealt with in Division 6 of Part 3 of the Bill.

[19]      EM, p. 9. 'Authorised person' is a defined term in the Bill, see, for example, clause 13.

[20]      EM, p. 16.

[21]      EM, pp 9 and 17.

CHAPTER 2 - KEY ISSUES

[1]        See, for example, Law Council of Australia (Law Council), Submission 1, p. 6; Department of Immigration and Citizenship, Submission 2, p. 9; Additional Information, Department of Infrastructure and Transport's submission on the Bill received by the Parliamentary Joint Committee on Law Enforcement, p. 1.

[2]        See, for example, Police Federation of Australia and Australian Federal Police Association, Submission 3, p. 4; Queensland Council for Civil Liberties, Submission 4, p. 1; Ms Leonie Campbell, Law Council, Committee Hansard, 26 February 2013, p. 1.

[3]        Submission 4, p. 1.

[4]        Submission 1, p. 3. See also, Ms Leonie Campbell, Law Council, Committee Hansard, 26 February 2013, p. 1.

[5]        Committee Hansard, 26 February 2013, p. 2.

[6]        Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, p. 7.

[7]        Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, p. 8.

[8]        Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, pp 7-8.

[9]        See, for example, Law Council, Submission 1, p. 5; Police Federation of Australia and the Australian Federal Police Association, Submission 3, p. 1; Australian Securities and Investments Commission, Submission 6, p. 2.

[10]      See, for example, Department of Immigration and Citizenship, Submission 2, p. 4.

[11]      Submission 6, p. 1.

[12]      Submission 6, p. 2.

[13]      Additional Information, Fair Work Ombudsman's submission on the Bill received by the Parliamentary Joint Committee on Law Enforcement, p. 3.

[14]      Submission 2, p. 4.

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

[16]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, pp 9-10.

[17]      EM, p. 1.

[18]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, p. 8.

[19]      Submission 3, p. 1.

[20]      Submission 1, p. 5. See also, Ms Leonie Campbell, Law Council, Committee Hansard, 26 February 2013, p. 1.

[21]      Committee Hansard, 26 February 2013, p. 5.

[22]      Committee Hansard, 26 February 2013, p. 1. See also, Law Council, Submission 1, p. 7.

[23]      Submission 5, p. 3.

[24]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, p. 10.

[25]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, p. 10.

[26]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, p. 9.

[27]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, p. 10.

[28]      See Attorney-General's Department, answers to questions on notice, received 6 March 2013, pp 2-3, which sets out bills before the parliament and Acts passed by the parliament that include provisions based on the model in the Bill.

[29]      'Authorised person' is a defined term in the Bill, see, for example, clause 13.

[30]      Ms Leonie Campbell, Law Council, Committee Hansard, 26 February 2013, p. 1.

[31]      Submission 5, p. 1.

[32]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, p. 7.

[33]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, p. 7.

[34]      Draft Drafting Direction 2012, No. 3.5A, Regulatory Powers, Example of regulation-making power allowing Regulatory Powers Act to be triggered, p. 23, paragraph (i), received as Additional Information by the Parliamentary Joint Committee on Law Enforcement in its inquiry on the Bill.

[35]      See, for example, Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the provisions of the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011, September 2011, p. 23; Senate Legal and Constitutional Affairs Standing Committee, Inquiry into the provisions of the AusCheck Bill 2006, March 2007, p. 36.

[36]      Mr Richard Glenn, Attorney-General's Department, Parliamentary Joint Committee on Law Enforcement, Committee Hansard, 20 November 2012, p. 1.

[37]      Answers to questions on notice, received 6 March 2013, p. 2.

[38]      Answers to questions on notice, received 6 March 2013, pp 2-3.

[39]      Answers to questions on notice, received 6 March 2013, p. 2.

[40]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, pp 9-10.

[41]      Mr Richard Glenn, Attorney-General's Department, Committee Hansard, 26 February 2013, pp 8 and 9.