Members of the legislation committee

Members of the legislation committee

Members

Senator Marise Payne, Chair, LP, NSW
Senator the Hon. Nick Bolkus, Deputy Chair, ALP, SA
Senator Brian Greig, AD, WA*
Senator Joseph Ludwig, ALP, QLD+
Senator Brett Mason, LP, QLD
Senator Nigel Scullion, CLP, NT

Substitute Member

* Senator Aden Ridgeway, AD, NSW to replace Senator Brian Greig for matters relating to the Indigenous Affairs portfolio
+ Senator Kerry O'Brien, ALP, TAS to replace Senator Joseph Ludwig for matters relating to the Indigenous Affairs portfolio

Participating Members

Senator the Hon. Eric Abetz, LP, TAS
Senator G. Barnett, LP, TAS
Senator Mark Bishop, ALP, WA
Senator George Brandis, LP, QLD
Senator Bob Brown, AG, TAS
Senator Kim Carr, ALP, VIC
Senator Grant Chapman, LP, SA
Senator Alan Eggleston, LP, WA
Senator Christopher Evans, ALP, WA
Senator the Hon. John Faulkner, ALP, NSW
Senator Alan Ferguson, LP, SA
Senator Jeannie Ferris, LP, SA
Senator Brian Harradine, IND, TAS
Senator Leonard Harris, PHON, QLD
Senator Andrew Bartlett, AD, QLD for matters relating to the Immigration and Multicultural Affairs portfolio.

Senator Gary Humphries, LP, ACT
Senator Linda Kirk, ALP, SA
Senator Susan Knowles, LP, WA
Senator Meg Lees, APA, SA
Senator Ross Lightfoot, LP, WA
Senator Sue Mackay, ALP, TAS
Senator Julian McGauran, NPA, VIC
Senator Jan McLucas, ALP, QLD
Senator Shayne Murphy, IND, TAS
Senator Kerry Nettle, AG, NSW
Senator Robert Ray, ALP, VIC
Senator the Hon. Nick Sherry, ALP, TAS
Senator Ursula Stephens, ALP, NSW
Senator A. Ridgeway, AD, NSW
Senator Natasha Stott Despoja, AD, SA
Senator Tsebin Tchen, LP, VIC
Senator John Tierney, LP, NSW
Senator John Watson, LP, TAS

Secretariat

Mr Phillip Bailey Acting Secretary
Ms Julie Dennett Acting Principal Research Officer
Ms Bronwyn Meredith Principal Research Officer
Ms Marina Seminara Executive Assistant

Suite S1.61

Telephone: (02) 6277 3560

Fax: (02) 6277 5794

Parliament House

E-mail: legcon.sen@aph.gov.au

 

Recommendations

Recommendation 1

3.35 The Committee recommends that the Commonwealth Government review Schedule 1 of the Bill, with a view to determining whether a defence for 'reasonable excuse' should be included in proposed sections 18, 19 and 20, and report to the Parliament.

Recommendation 2

3.50 The Committee recommends that Schedule 2 of the Bill proceed.

Recommendation 3

3.116 The Committee recommends that the terms 'membership', 'associates', 'support', 'assist', 'promotes' and 'family or domestic concern' contained in Schedule 3 of the Bill be defined.

Recommendation 4

3.117 The Committee recommends that provisions relating to the presumption against bail in the Anti-Terrorism Act 2004 not apply to the proposed offence in Schedule 3.

Recommendation 5

3.118 The Committee recommends that the exemption in proposed paragraph 102.8(4)(b) of Schedule 3 of the Bill be extended to cover religious practice in places other than public places being used for religious worship.

Recommendation 6

3.119 The Committee recommends that the Commonwealth Government report to the Parliament on the types of aid contemplated by the phrase 'providing aid of a humanitarian nature' in paragraph 102.8(4)(c) of Schedule 3 of the Bill.

Recommendation 7

3.120 The Committee recommends that the exemption in proposed paragraph 102.8(4)(d) of Schedule 3 of the Bill be amended to ensure that access to legal advice required to meet the obligations and exercise the rights in broader anti-terrorism legislation is permitted.

Recommendation 8

3.121 The Committee recommends that the operation of the proposed offence in Schedule 3 of the Bill be subject to independent review after three years.

Recommendation 9

3.146 The Committee recommends that Schedule 4 of the Bill, or any other legislative or procedural arrangements relating to the transfer of prisoners which involve or impact upon the states and territories, not proceed until further consultation between the states and territories and the Commonwealth Government is pursued.

Recommendation 10

3.153 The Committee recommends that Schedule 5 of the Bill proceed.

 

Abbreviations

ADJR Act Administrative Decisions (Judicial Review) Act 1977
AFP Australian Federal Police
AMCRAN Australian Muslim Civil Rights Advocacy Network
ASIO Australian Security Intelligence Organisation
ASIO Act Australian Security Intelligence Organisation Act 1979
Castan Centre Castan Centre for Human Rights Law
Crimes Act Crimes Act 1914
Criminal Code Criminal Code Act 1995
the Department Attorney-General's Department
DFAT Department of Foreign Affairs and Trade
HREOC Human Rights and Equal Opportunity Commission
ICCPR International Covenant on Civil and Political Rights
Passports Act Passports Act 1938
PIAC Public Interest Advocacy Centre
1951 Convention Convention Relating to the Status of Refugees