Footnotes

[1] Part 2 of Schedule 1 of the Bill makes a number of consequential amendments to the Crimes Act 1914 and the Customs Act 1901.

[2] See further: Model Criminal Code Officers Committee of the Standing Committee of Attorneys‑General, Model Criminal Code Chapter 6 Serious Drug Offences Report, October 1998 (MCCOC report).

[3] Explanatory Memorandum, p. 6.

[4] Explanatory Memorandum, p. 1.

[5] Explanatory Memorandum, p. 1; see also Attorney-General's Department, Committee Hansard, 3 August 2005, p. 13; and Submission 13, pp 7-9. The possession offences in proposed sections 308.1 and 308.2 of the Bill also have no corresponding offences in the Model Criminal Code: see Submission 13, p. 8.

[6] Explanatory Memorandum, p. 2.

[7] Explanatory Memorandum, p. 1.

[8] Explanatory Memorandum, p. 13.

[9] Explanatory Memorandum, pp 13-16.

[10] The term 'traffics' is defined broadly in proposed section 302.1 to include conduct extending beyond sale to the ancillary activities of transport and delivery, as well as preparatory conduct such as preparation for supply, packaging, and possession with the intention of selling a drug.

[11] Explanatory Memorandum, p. 20.

[12] Explanatory Memorandum, p. 21.

[13] Explanatory Memorandum, p. 21; see also Attorney-General's Department, Committee Hansard, 3 August 2005, p. 23.

[14] 'Trafficable quantity' is defined in section 300.2 and is prescribed in relation to a range of controlled drugs and plants in proposed Division 314.

[15] Note that similar presumptions relating to 'trafficable quantity' are contained in other offences in the Bill: see, for example, proposed sections 303.7; 305.6 and 309.5.

[16] Explanatory Memorandum, p. 24.

[17] Explanatory Memorandum, p. 30.

[18] Explanatory Memorandum, pp 29-30.

[19] 'Manufacture' and associated terms are defined in proposed sections 305.1 and 305.2.

[20] Explanatory Memorandum, p. 32.

[21] Explanatory Memorandum, p. 37.

[22] Explanatory Memorandum, p. 37.

[23] Explanatory Memorandum, p. 37.

[24] Proposed Part 3 of Schedule 1 of the Bill repeals existing offences in the Customs Act.

[25] Explanatory Memorandum, p. 46; also Attorney-General's Department, Submission 13, pp 4-5.

[26] Explanatory Memorandum, p. 45.

[27] Explanatory Memorandum, pp 45-46.

[28] Explanatory Memorandum, p. 46.

[29] Explanatory Memorandum, p. 45.

[30] Explanatory Memorandum, pp 45 and 57.

[31] Explanatory Memorandum, pp 45 and 57.

[32] A child is defined as an individual under 18 years of age: proposed section 300.2.

[33] Explanatory Memorandum, p. 63.

[34] Explanatory Memorandum, p. 64.

[35] Explanatory Memorandum, p. 77.

[36] Explanatory Memorandum, p. 77.

[37] Explanatory Memorandum, p. 83.

[38] Explanatory Memorandum, p. 99.

[39] Explanatory Memorandum, p. 104. Note that there are some minor technical differences between the lists prescribed under the Customs Act and the lists in the Bill. These differences were explained by the Attorney-General's Department: see Submission 13, pp 3-6.

[40] Explanatory Memorandum, p. 104.

[41] Explanatory Memorandum, p. 104.

[42] Explanatory Memorandum, p. 103.

[43] Explanatory Memorandum, p. 104; see also Attorney-General's Department, Submission 13, pp 1-2.

[44] This section draws on pp 3-4 and pp 117-124 of the Explanatory Memorandum.

[45] Explanatory Memorandum, p. 117.

[46] Explanatory Memorandum, p. 122.

[47] Explanatory Memorandum, p. 3.

[48] See further Explanatory Memorandum, pp 123-124.

[49] Note that unless otherwise stated, references in this report to proposed sections or divisions of the Bill are to those sections or divisions in Part 1 of Schedule 1 of the Bill.

[50] See, for example, Australian National Council on Drugs, Submission 1; Queensland Police Service, Submission 2; Commonwealth Director of Public Prosecutions, Submission 3; Dr Gregor Urbas, Submission 4; Australian Customs Service, Submission 9; Drug Free Australia, Submission 12.

[51] Submission 8.

[52] See, for example, Western Australia Police (WA Police), Submission 5; FFDLR, Submission 8, pp 21-23.

[53] The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 26 May 2005, p. 6; see also Attorney-General's Department, Committee Hansard, 3 August 2005, p. 14.

[54] Submission 1, p. 1.

[55] Submission 1, p. 1.

[56] Submission 4, p. 1.

[57] Submission 4, p. 5.

[58] Submission 2, p. 1.

[59] Submission 2, p. 1.

[60] Submission 7, p. 1; see also WA Police, Submission 5, p. 2.

[61] Committee Hansard, 3 August 2005, p. 8; see also Submission 8, p. 21.

[62] Submission 8, pp 22-23; see also Committee Hansard, 3 August 2005, pp 11-12.

[63] Committee Hansard, 3 August 2005, p. 11; see also Submission 8, p. 21.

[64] Submission 5, p. 1.

[65] Submission 5, p. 2.

[66] Submission 11, p. 1.

[67] Submission 11, p. 3.

[68] Committee Hansard, 3 August 2005, p. 13.

[69] Committee Hansard, 3 August 2005, p. 13.

[70] Submission 3, p. 1.

[71] Submission 3, p. 2; see also DPP, Committee Hansard, 3 August 2005, pp 14 and 23.

[72] Submission 3, p. 1.

[73] The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 26 May 2005, p. 6.

[74] See, for example, proposed ss. 302.5, 303.7, 305.6 and 309.5 as outlined in chapter 2 of this report.

[75] Submission 10, p. 3; see also proposed ss. 306.6, 306.7, 306.8, 307.14(1) and 307.14(3).

[76] See, for example, proposed ss. 302.2(3), 302.3(3), 303.4(3), 303.5(3), 304.1(3), 304.2(3), 305.3(3), 305.4(3), 306.2(3), 306.3(3) as outlined in chapter 2 of this report.

[77] Submission 10, p. 3; Committee Hansard, 3 August 2005, p. 3.

[78] Submission 10, p. 4.

[79] Submission 10, p. 4.

[80] Committee Hansard, 3 August 2005, p. 4.

[81] See discussion of proposed Division 307 in chapter 2 of this report; Explanatory Memorandum, pp 46 and 52.

[82] Submission 8, p. 4.

[83] Submission 3, pp 3-4.

[84] Submission 8, p. 5.

[85] Explanatory Memorandum, p. 29; and Submission 8, pp 5-6.

[86] Submission 8, pp 5-6.

[87] Submission 3, p. 2.

[88] Submission 3, p. 2.

[89] Committee Hansard, 3 August 2005, p. 7.

[90] Committee Hansard, 3 August 2005, p. 9.

[91] Committee Hansard, 3 August 2005, p. 21.

[92] Submission 7, p. 1.

[93] Submission 11, p. 2.

[94] Submission 4, p. 5.

[95] Submission 4, p. 2.

[96] Submission 4, p. 4.

[97] Submission 4, p. 4.

[98] Submission 10, pp 4-5; see also Mr John North, Law Council, Committee Hansard, 3 August 2005, p. 3.

[99] Submission 10, p. 5.

[100] Submission 10, p. 5.

[101] Committee Hansard, 3 August 2005, pp 13 and 14.

[102] Committee Hansard, 3 August 2005, p. 14.

[103] Committee Hansard, 3 August 2005, 13.

[104] Submission 3, p. 4.

[105] Committee Hansard, 3 August 2005, p. 2; see also Law Council, Submission 10¸ p. 2.

[106] Submission 10, p. 2.

[107] Committee Hansard, 3 August 2005, p. 2; see also Law Council, Submission 10¸ p. 2.

[108] Committee Hansard, 3 August 2005, p. 4.

[109] Committee Hansard, 3 August 2005, p. 18.

[110] Committee Hansard, 3 August 2005, pp 18-19.

[111] Committee Hansard, 3 August 2005, p. 18.

[112] Submission 13, p. 6; see also proposed ss. 301.3(3) and 301.4(3).

[113] Submission 10, p. 6.

[114] Submission 10, p. 6.

[115] Committee Hansard, 3 August 2005, p. 3.

[116] Submission 10, p. 7.

[117] Submission 10, p. 7.

[118] Submission 10, p. 7.

[119] Submission 3, pp 2-3.

[120] Committee Hansard, 3 August 2005, p. 24.

[121] See also DPP, Committee Hansard, 3 August 2005, p. 24.

[122] DPP, Submission 3, pp 3-6; Customs, Submission 9, p. 3.

[123] Submission 9, p. 3.

[124] Submission 9, p. 3.

[125] Submission 9, pp 2, 4-6; see also Committee Hansard, 3 August 2005, p. 24.

[126] Submission 9, p. 4.

[127] Submission 8, p. 3.

[128] Submission 5, p. 2.

[129] Explanatory Memorandum, p. 98.

[130] Submission 8, p. 5.

[131] Submission 8, p. 5; see also Mr Bill Bush, Committee Hansard, 3 August 2005, p. 11.

[132] Committee Hansard, 3 August 2005, p. 21.

[133] Submission 8, p. 5; see also Mr Bill Bush, Committee Hansard, 3 August 2005, p. 11.

[134] Submission 3, pp 6-7.

[135] Explanatory Memorandum, p. 84.

[136] Submission 3, p. 6.

[137] Submission 11, p. 2.

[138] Explanatory Memorandum, p. 85.

[139] Submission 10, p. 6; see also Mr John North, Law Council, Committee Hansard, 3 August 2005, p. 3.

[140] Submission 8, p. 8; see also MCCOC report, p. 191.

[141] Submission 8, pp 8-9. Note that the FFDLR's first preference was for this proposed offence to be omitted from the Bill altogether.

[142] Explanatory Memorandum, p. 83.

[143] MCCOC report, p. 193.

[144] See, for example, WA Government, Submission 11, p. 3; Law Council, Submission 10, p. 5.

[145] Submission 11, p. 3.

[146] Submission 5, p. 3; see also WA Government, Submission 11, p. 3.

[147] The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 26 May 2005, p. 6.

[148] Submission 8, p. 12.

[149] Submission 8, p. 10.

[150] Submission 8, p. 11.

[151] Submission 8, p. 10.

[152] Committee Hansard, 3 August 2005, p. 8.

[153] Submission 5, p. 3; see also Queensland Police Service, Submission 2, p. 1.

[154] Submission 5, p. 3.

[155] Submission 11, p. 3.

[156] Submission 11, p. 3.

[157] Mr Brian McConnell, Committee Hansard, 3 August 2005, p. 8; Submission 8, p. 1.

[158] Submission 2, p. 1.

[159] Submission 13, pp 10-11.

[160] Submission 13, pp 10-11; see also Committee Hansard, 3 August 2005, p. 22.

[161] Submission 13, p. 10.

[162] See para 2.44 of chapter 2; and Explanatory Memorandum, pp 103-104.

[163] Submission 13, p. 11.

[164] Queensland Police Service, Submission 2; South Australia Police, Submission 7; WA Government, Submission 11; cf WA Police, Submission 5.

[165] Submission 8, p. 1; see also Mr Brian McConnell, Committee Hansard, 3 August 2005, p. 8.

[166] Submission 12, p. 3.

[167] Submission 12, p. 1.

[168] Submission 8, p. 2.

[169] Committee Hansard, 3 August 2005, p. 8. As noted in chapter 2, the possession offences in proposed ss. 308.1 and 308.2 of the Bill have no corresponding offences in the Model Criminal Code: see Submission 13, p. 8.

[170] Committee Hansard, 3 August 2005, p. 8; see also Submission 8, p. 7.

[171] Submission 8, p. 4.

[172] Submission 8, p. 4.

[173] Mr Brian McConnell, Committee Hansard, 3 August 2005, p. 9.

[174] Submission 8, pp 2 and 4-6.

[175] Submission 12, p. 5.

[176] MCCOC report, pp 10-11.

[177] Committee Hansard, 3 August 2005, p. 10.

[178] Committee Hansard, 3 August 2005, p. 11.

[179] Committee Hansard, 3 August 2005, p. 21.

[180] Committee Hansard, 3 August 2005, p. 20.

[181] The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 26 May 2005, p. 6.

[182] Mr Brian McConnell, Committee Hansard, 3 August 2005, pp 8-9; and Submission 8, pp 13-21.

[183] Submission 8, p. 15.

[184] Submission 8, p. 15.

[185] Submission 8, p. 17.

[186] Submission 8, pp 17-21.

[187] Submission 12, p. 5.

[188] Submission 3, p. 1.

[189] Submission 11, p. 3.

[190] Submission 10, p. 8.

[191] Mr John North, Committee Hansard, 3 August 2005, p. 3; Submission 10, p. 8.

[192] See further: "Nine Aussies face death over Bali drug bust" The Australian, 19 April 2005, p. 1; "Australia to hand over Bali 9 evidence", Sydney Morning Herald, 25 April 2005, p. 1.

[193] Committee Hansard, 3 August 2005, pp 4 and 6.

[194] Committee Hansard, 3 August 2005, p. 6.

[195] Committee Hansard, 3 August 2005, p. 14.

[196] The AFP Practical Guide on International Police to Police Assistance in Death Penalty Charge Situations, Tabled Document No. 6, Senate Legal and Constitutional Legislation Committee Budget Estimates 2005-2006, 24 May 2005.

[197] See also, AFP, Committee Hansard, 3 August 2005, p. 15.

[198] See s. 8, Mutual Assistance in Criminal Matters Act 1987. Special circumstances include where the evidence would assist the defence or where the foreign country undertakes not to impose or carry out the death penalty.

[199] See also Attorney-General's Department, Estimates Hansard, 23 May 2005, p. 105; Attorney-General's Department and AFP, Estimates Hansard, 23 May 2005, pp 42-43.

[200] Submission 10, p. 7.

[201] Submission 9, p. 8.

[202] Committee Hansard, 3 August 2005, p. 17.

[203] Committee Hansard, 3 August 2005, p. 17.

[204] s. 219ZJC(3).

[205] Submission 6, p. 1; see also Joint Standing Committee on Treaties, Review of treaties tabled on 7 December 2004, Report 63, Chapter 8.

[206] Submission 6, p. 1.