Footnotes

[1] For a more detailed discussion of this constitutional issue, see Elizabeth Ward, Call out the troops: an examination of the legal basis for Australian Defence Force involvement in' non-defence' matters, Parliamentary Library Research Paper 8, 1997-98.

[2] Note the distinction between 'defence aid to the civilian authority', which refers to the instances in which defence personnel may use force, and the more general 'defence aid to the civilian community', which covers non-force (and much more usual) situations including disaster relief, participation in community activities or technical assistance to State or Territory governments. See Senate Foreign Affairs Defence and Trade Legislation Committee, Report on the Defence Legislation Amendment (Aid to the Civilian Authority) Bill 2000, p. 1. For a full listing of all instances in which the Defence force has been called out, see Appendix 3.

[3] Mr James, Committee Hansard, 31 January 2005, p. 26.

[4] Protective Security Review, Australian Government Publishing Service, 1979.

[5] Senate Foreign Affairs Defence and Trade Committee, Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2000 Report, August 2000, p. 2.

[6] Dr Stone, House Hansard, 28 June 2000, pp 18410.

[7] Dr Stone, House Hansard, 28 June 2000, p. 18410-11.

[8] Dr Stone, House Hansard, 28 June 2000, pp 18410.

[9] Explanatory memorandum, Defence Amendment (Aid to Civilian Authorities) Bill 2000.

[10] Blunn, Anthony (AO), Baker, General John (Retd) (AC DSM), Johnson, John (AO APM QPM), Statutory Review of Part IIIAAA of the Defence Act 1903 (Aid to Civilian Authorities), AGPS, Canberra, 2004.

[11] Department of Defence, Submission 6, p. 5.

[12] Senator the Hon. Helen Coonan, Senate Hansard, 7 December 2005, p. 26.

[13] Senator the Hon. Helen Coonan, Senate Hansard, 7 December 2005, p. 17.

[14] Blunn, Anthony (AO), Baker, General John (Retd) (AC DSM), Johnson, John (AO APM QPM), Statutory Review of Part IIIAAA of the Defence Act 1903 (Aid to Civilian Authorities), AGPS, Canberra, 2004.

[15] Explanatory Memorandum, Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2005, pp 2-3.

[16] Blunn et al, op.cit., p. 8.

[17] Explanatory Memorandum, pp 4-5.

[18] NSW Council for Civil Liberties, Submission 5, p. 1; Federation of Victorian Community Legal Centres (Vic) Inc, Submission 8, p. 6.

[19] Australian Muslim Civil Rights Advocacy Network (AMCRAN), Submission 7, p. 6.

[20] Mr James, Committee Hansard, 31 January 2006, p. 28.

[21] Head, Michael, Submission 1, p. 2.

[22] Submission 7, p. 4.

[23] Mr Khan, Committee Hansard, 31 January 2006, p. 13.

[24] Federation of Victorian Community Legal Centres (Inc), Submission 8, pp. 11-12.

[25] Mr Pezzullo, Committee Hansard, 31 January 2006, p. 13.

[26] Mr Khan, Committee Hansard, 31 January 2006, p. 14.

[27] Submission 8, p. 11.

[28] Johnson, Warwick, Submission 4, p.1

[29] Stephen, His Excellency the Rt Hon Sir Ninian (AK GCMG GCVO KBE KSt J), The Role of the Governor General as Commander in Chief of the Australian Defence Forces, Defence Force Journal, No 43, November/December 1983.

[30] Committee Hansard, 31 January 2006 pp 35-36.

[31] Stephen, His Excellency the Rt Hon Sir Ninian, ibid., p. 9.

[32] Submission 5, p. 1.

[33] Submission 7, p. 4.

[34] Committee Hansard, 31 January 2006, p. 14.

[35] Ward, E, Call Out the Troops: an examination of the legal basis for Australian Defence Force involvement in 'non-defence' matters, Research Paper 8, 1997-98 Australian Parliament.

[36] Submission 6, p.1; Senate Hansard, 7 Dec 2005, p. 17.

[37] Committee Hansard, 31 January 2006, p. 16.

[38] Mr James, Committee Hansard, 31 January 2006, p. 29.

[39] Submission 8, p. 17.

[40] Faculty of Law, University of New South Wales, Submission 10, p. 2.

[41] The Cabinet Office, New South Wales, Submission 16, p. 2.

[42] Mr Cunliffe, Committee Hansard, 31 January 2006, p. 34.

[43] Explanatory Memorandum, p. 5.

[44] The exceptions to the prohibition contained in subsection 51G(a) on using Reserves in connection with an industrial dispute are where there is a reasonable likelihood of the death of, or serious injury to, persons or serious damage to property.

[45] Mr Pezzullo, Committee Hansard, 31 January 2006, p. 32.

[46] Mr Khan, Committee Hansard, 31 January 2006, p. 14.

[47] Ibid.

[48] Submission 16, p. 2.

[49] Ibid., p. 2.

[50] Mr James, Committee Hansard, 31 January 2006, p. 27.

[51] Committee Hansard, 31 January 2006, p. 14

[52] Committee Hansard, 31 January 2006, p. 27

[53] Committee Hansard 31 January 2006, p. 32

31 January 2006, p

[54] January 2006, p [1] Explanatory Memorandum, p. 13.

[55] Submission 7, pp 6-7.

[56] Mr Bhasin, Committee Hansard, 31 January 2006, p. 2.

[57] Human Rights and Equal Opportunity Commission, Submission 13, pp 11-13.

[58] Australia Defence Association, Submission 11, p. 7.

[59] Mr James, Committee Hansard, 31 January 2006, p. 26.

[60] Submission 6, p. 10.

[61] Clause 51AA, Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2005.

[62] Explanatory Memorandum, pp 7-8.

[63] Ms O'Brien, Committee Hansard, 31 January 2006, p. 20.

[64] Ibid., p. 21.

[65] Submission 13, p. 2.

[66] Ibid., p. 8.

[67] Ms O'Brien, Committee Hansard, 31 January 2006, p. 20; Submission 13, p. 3.

[68] Ms O'Brien, Committee Hansard, 31 January 2006, p. 21.

[69] Senator Johnston, Committee Hansard, 31 January 2006, p. 21.

[70] Ms O'Brien, Committee Hansard, 31 January 2006, p. 21 and p. 23.

[71] Ms O'Brien, Committee Hansard, 31 January 2006, pp 21-22.

[72] Subclause 51SO(2), Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2005.

[73] Explanatory Memorandum, p. 11.

[74] Senator Ludwig, Committee Hansard, 31 January 2006, p. 44.

[75] Mr Cunliffe, Committee Hansard, 31 January 2006, p. 44.

[76] Ibid., p. 7.

[77] Ibid., p. 8.

[78] Submission 11, p. 8.

[79] Clause 51SC, Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2005.

[80] Submission 11, p. 8.

[81] Submission 6, p. 7.

[82] Blunn et al 2004, op.cit., p. 12.

[83] Explanatory Memorandum, p. 23.

[84] Submission 8, p. 16.

[85] Mr Pezzullo, Committee Hansard, 31 January 2006, p. 32.

[86] Blunn et al 2004, op.cit., p. 12

[87] Explanatory Memorandum, p. 21.

[88] Mr Pezzullo, Committee Hansard, 31 January 2006, p. 34.

[89] Explanatory Memorandum, p. 21.

[90] Submission 10, page 3

[91] Human Rights and Equal Opportunity Commission, Submission 13, p. 12

[92] UNSW Gilbert & Tobin Centre for Public Law, Submission 10

[93] UNSW Gilbert & Tobin Centre for Public Law, Submission 10