Footnotes
[1] Senator Chris Ellison, Minister for Justice and
Customs, Second Reading Speech, Senate
Hansard, 16 March 2005, p. 1.
[2] Jennifer Norberry, Parliamentary Library, Crimes Legislation Amendment
(Telecommunications Interception and Other Measures) Bill 2005, Bills
Digest No. 147 2004-05, pp 11-12. Chapter 2 draws heavily on this paper.
[3] Senator Chris Ellison, Minister for Justice and
Customs, Second Reading Speech, Senate
Hansard, 16 March 2005, p. 1.
[4] Subsection 6(2B).
[5] Jennifer Norberry, Parliamentary Library, Crimes Legislation Amendment
(Telecommunications Interception and Other Measures) Bill 2005, Bills
Digest No. 147 2004-05, p. 13.
[6] Telecommunications
(Interception) Regulations 1987, reg 2A.
[7] Jennifer Norberry, Parliamentary Library, Crimes Legislation Amendment
(Telecommunications Interception and Other Measures) Bill 2005, Bills Digest
No. 147 2004-05, p. 13.
[8] Explanatory
Memorandum, p. 5.
[9] Explanatory
Memorandum, p. 5.
[10] Explanatory
Memorandum, p. 6.
[11] Jennifer Norberry, Parliamentary Library, Crimes Legislation Amendment
(Telecommunications Interception and Other Measures) Bill 2005, Bills
Digest No. 147 2004-05, p. 4.
[12] Jennifer Norberry, Parliamentary Library, Crimes Legislation Amendment
(Telecommunications Interception and Other Measures) Bill 2005, Bills Digest
No. 147 2004-05, p. 8.
[13] Senate Legal and Constitutional Legislation
Committee, Inquiry into the Provisions of
the Telecommunications (Interception) Legislation Amendment Bill 1999, May
2000, p. vii.
[14] Jennifer Norberry, Parliamentary Library, Crimes Legislation Amendment
(Telecommunications Interception and Other Measures) Bill 2005, Bills
Digest No. 147 2004-05, p. 9.
[15] Material obtained with a warrant issued for the
investigation of 'class 1' and 'class 2' offences under the TI Act can already
be used in conviction-based restraining order proceedings. However, such
material cannot be used in civil forfeiture proceedings that are not
conviction-based and where a civil standard of proof is used to determine the
derivation of the proceeds of crime: Jennifer Norberry, Parliamentary Library, Crimes Legislation Amendment
(Telecommunications Interception and Other Measures) Bill 2005, Bills
Digest No. 147 2004-05, p. 14.
[16] Explanatory
Memorandum, p. 9.
[17] Explanatory
Memorandum, p. 9.
[18] Queensland Police Service/National Emergency
Communications Working Group, Submission
1; South Australia Police, Submission
2; Australian Communications Authority, Submission
3; Commonwealth Director of Public Prosecutions, Submission 4; Western Australia Police Service, Submission 6; Australian Federal Police,
Submission 7; Tasmania Police, Submission 9; New South Wales Police, Submission 10.
[19] Law Council of Australia, Submission 5; New South Wales Council for Civil Liberties, Submission 8.
[20] Submission
6, p. 1.
[21] Submission
5, p. 5.
[22] Submission
5, p. 5.
[23] Submission
8, p. 2.
[24] Submission
8, p. 2.
[25] Submission
1; Submission 2; Submission 6; Submission 7; Submission 9;
Submission 10.
[26] Submission
8, p. 1.
[27] Submission
8, p. 1.
[28] Submission
8, p. 1.
[29] Submission
5, pp 3-4.
[30] Submission
5, p. 4.
[31] Submission
5, p. 4.
[32] Submission
8, p. 3.
[33] Submission
8, p. 3.
[34] Submission
6, p. 1.
[35] Submission
6, pp 1-2.
[36] Submission
6, p. 2.
[37] Submission
6, p. 2.
[38] Submission
5, pp 4-5.
[39] Submission
5, p. 5.
[40] Submission
8, p. 4.
[41] Submission
8, p. 4.
[42] Submission
8, p. 4.
[43] Para 2.10.
[44] Submission
8, p. 3.
[45] Submission
8, p. 3.
[46] Submission
8, p. 3.
[47] SAPOL, Submission
2; ACA, Submission 3; NSWCCL, Submission 8.
[48] Submission
3, p. 2.
[49] Submission
3, p. 1.
[50] Submission
3, p. 2.
[51] Submission
3, p. 2.
[52] Submission
8, p. 4.
[53] SAPOL, Submission
2; WAPS, Submission 6; Tasmania
Police; Submission 9; New South Wales
Police, Submission 10.
[54] Submission
2, p. 1.
[55] Submission
2, p. 1.
[56] Submission
6, p. 2.
[57] Submission
5, p. 5.
[58] Submission
5, p. 5.
[59] Submission
5, p. 6.
[60] Submission
8, p. 4.
[61] Submission
8, p. 4.
[62] SAPOL, Submission
2; AFP, Submission 7; Tasmania
Police; Submission 9; New South Wales
Police, Submission 10.
[63] See explanation in paras. 2.24 & 2.25.
[64] Submission
8, p. 6.
[65] Submission
8, p. 5.
[66] See explanation in paras. 2.26 & 2.27.
[67] Submission
8, p. 6.
[68] Recommendation 5 of the Sherman Report was as
follows: 'ASIO should publish in the public version of its Annual Report the total
number of TI warrants and named person warrants applied for, refused and issued
in the relevant reporting year.' See further Jennifer Norberry, Parliamentary
Library, Crimes Legislation Amendment
(Telecommunications Interception and Other Measures) Bill 2005, Bills
Digest No. 147 2004-05, pp 10-11.
[69] Submission
8, p. 6.
[70] As recommended in Recommendation 5 of the Sherman
Report.
[71] Submission
8, p. 6.
[72] Submission
8, p. 6.
[73] Recommendation 8 of the Sherman Report was: 'The
definition of restricted record which existed prior to the 2000 amendments to
the Interception Act should be reinstated.' The 2000 amendments resulted in
copies of records being exempt from the record-keeping and destruction
requirements of the TI Act. See further Jennifer Norberry, Parliamentary
Library, Crimes Legislation Amendment
(Telecommunications Interception and Other Measures) Bill 2005, Bills
Digest No. 147 2004-05, p. 11.
[74] Submission
8, p. 7.
[75] DPP, Submission
4; Tasmania Police, Submission 9.
[76] Submission
4, p. 1.
[77] For further information see www.ag.gov.au.
[78] See Committee
Hansard, 15 June 2005.
[79] See Committee
Hansard, 15 June 2005.
[80] Explanatory
Memorandum, p. 5.
[81] Senate Legal and Constitutional Committee, Provisions of the Telecommunications
(Interception) Amendment Bill 2004, March 2004.
[82] Senate Legal and Constitutional Committee, Provisions of the Telecommunications
(Interception) Amendment Bill 2004, March 2004, pp 25-26.
[83] Senator Chris Ellison, Minister for Justice and
Customs, Second Reading Speech, Senate
Hansard, 16 March 2005, p. 2.
[84] See Committee
Hansard, 15 June 2005.
[85] See Committee
Hansard, 15 June 2005.
[86] Recommendation 6 of the Sherman Report was:
'All inspecting authorities should include in their annual reports to
Parliament a summary of the TI inspections conducted in the relevant year
together with a summary of any deficiencies identified as well as any remedial
action taken.'
[87] Senator
the Honourable Chris Ellison, Minister for Justice and Customs, speaking to the
Telecommunications (Interception)
Amendment Bill 2004, 1 April 2004, Senate Hansard, page 22648.
[88] Office of the Privacy Commissioner ,
Submission No 48, Inquiry into the Privacy Act 1988.