Footnotes
[1] Explanatory
Memorandum, p. 1.
[2] Explanatory
Memorandum, p. 1.
[3] Under
proposed s. 15YU, 'designated offences' include, for example, offences against:
Part 5.3 of the Criminal Code (terrorism offences); Part 5.4 of the Criminal
Code (harm against Australians); and subs. 34G(5) of the Australian Security Intelligence Organisation Act 1979 (offence to
give false and misleading answers when questioned by ASIO about terrorist
matters). Proposed para. 15YU(2)(b) provides that the new Part 1AE will also
apply to proceedings under the Proceeds
of Crimes Act 2002.
[4] See also proposed s. 15YY: 'technical requirements
for video link'.
[5] Explanatory
Memorandum, p. 3.
[6] Proposed ss. 15YZE and 15YZF.
[7] Explanatory
Memorandum, p. 12.
[8] p. 12.
[9] p. 12.
[10] p. 1.
[11] p. 9.
[12] pp 9-10.
[13] Or a Justice of the Peace or other person
employed in a state or territory court and authorised to issue search warrants
or warrants of arrest: see s.4AAA(1).
[14] p. 7.
[15] Explanatory
Memorandum, p. 1.
[16] That is, the proposed new Part 1AE of the Crimes
Act; and the amendments to the Foreign Evidence Act.
[17] Committee
Hansard, 21 October 2005, p. 20.
[18] Committee
Hansard, 21 October 2005, p. 20.
[19] Submission
5, p. 1.
[20] Submission
5, p. 1.
[21] Submission
1, p. 1.
[22] Committee
Hansard, 21 October 2005, p. 1.
[23] Committee
Hansard, 21 October 2005, p. 1.
[24] Committee
Hansard, 21 October 2005, p. 1.
[25] Mr Simeon Beckett, Committee Hansard, 21 October 2005, p. 6; ALHR, Submission 2, p. 2.
[26] ALHR, Submission
2; Gilbert and Tobin Centre of Public
Law, Submission 1; HREOC, Submission 4.
[27] Committee
Hansard, 21 October 2005, p. 20.
[28] See, for example, Gilbert and Tobin Centre of
Public Law, Submission 1, p. 2; HREOC, Submission 4, p. 6; ALHR,
Submission 2, p. 3; Mr Simeon
Beckett, ALHR, Committee Hansard, 21 October 2005, p.
6; Mr Craig Lenehan, HREOC, Committee
Hansard, 21 October 2005, p. 13. See also Sue Harris Rimmer, Parliamentary
Library, Law and Justice Legislation
Amendment (Video Link Evidence and Other Measures) Bill 2005, Bills Digest
No. 57 2005-06, 12 October 2005 (Bills Digest), p. 18.
[29] Submission
2, p. 3.
[30] Submission
2, p. 4.
[31] Submission
2, p. 4; see also pp 5-6.
[32] Committee
Hansard, 21 October 2005, p. 9.
[33] Submission
1, p. 2.
[34] Committee
Hansard, 21 October 2005, p. 2.
[35] Committee
Hansard, 21 October 2005, p. 4.
[36] Committee
Hansard, 21 October 2005, p. 2.
[37] Submission
4, p. 3; referring to s5B(3) of the Evidence (Audio and Audio Visual Links) Act
1998 (NSW); see also Gilbert and Tobin Centre of Public Law, Submission 1, p. 3; DPP, Submission 5,
p. 2; ALHR, Submission 2, pp 2-3 and Mr Simeon Beckett, ALHR, Committee Hansard, 21 October 2005, p.
8.
[38] Submission
4, p. 5.
[39] Submission
4, p. 5.
[40] Submission
4, p. 5.
[41] Submission
4, p. 3.
[42] Committee
Hansard, 21 October 2005, p. 14.
[43] Committee
Hansard, 21 October 2005, p. 35.
[44] Committee
Hansard, 21 October 2005, p. 35; see also DPP, Committee Hansard, 21 October 2005, p. 37.
[45] Submission
4, p. 4; see also Mr Craig Lenehan, Committee Hansard, 21 October 2005, p.
14.
[46] Gilbert and Tobin Centre of Public Law, Submission 1, pp 3-4; HREOC, Submission
4, p. 8, para. 31; ALHR, Submission 2, pp 5-6; see also, for example, Dr
Andrew Lynch, Gilbert and Tobin Centre of Public Law, Committee Hansard, 21 October 2005, p. 2; Mr Craig Lenehan, HREOC, Committee Hansard, 21 October 2005, pp
13 and 18.
[47] Committee
Hansard, 21 October 2005, p. 18.
[48] Submission
4, p. 8.
[49] Submission
5, p. 2; see also Explanatory Memorandum, p. 3.
[50] Submission
5, p. 3.
[51] Committee
Hansard, 21 October 2005, p. 3.
[52] Committee
Hansard, 21 October 2005, p. 20.
[53] Committee
Hansard, 21 October 2005, p. 35.
[54] Committee
Hansard, 21 October 2005, p. 27; see also DPP, Committee Hansard, 21 October 2005, p. 37.
[55] Committee
Hansard, 21 October 2005, pp 22-23.
[56] Committee
Hansard, 21 October 2005, p. 24.
[57] Committee
Hansard, 21 October 2005, p. 24.
[58] Committee
Hansard, 21 October 2005, p. 26.
[59] Committee
Hansard, 21 October 2005, p. 37.
[60] Submission
5, p. 2.
[61] Committee
Hansard, 21 October 2005, p. 17.
[62] Submission
5, p. 1.
[63] Submission
5, p. 2; see also Attorney-General's
Department, Committee Hansard, 21
October 2005, p. 23.
[64] Committee
Hansard, 21 October 2005, pp 18-19.
[65] Submission
5, p. 2.
[66] Committee
Hansard, 21 October 2005, p. 20.
[67] Submission
5, pp 2-3; see also Committee Hansard, 21 October 2005, p.
21.
[68] Submission
4A, p. 3.
[69] Submission
4A, p. 4.
[70] Submission
4, pp 8-9; see also Mr Craig Lenehan,
Committee Hansard, 21 October 2005,
p. 18.
[71] Submission
4, pp 8-9.
[72] Submission
4, p. 9.
[73] Submission
4, p. 9; see also p. 8, para 31; and
Appendix 3 of this report.
[74] Committee
Hansard, 21 October 2005, p. 21.
[75] Submission
4, pp 6-7.
[76] Committee
Hansard, 21 October 2005, p. 16.
[77] Submission
4, p. 7; see also Mr Craig Lenehan, HREOC,
Committee Hansard, 21 October 2005,
p. 13.
[78] Submission
2, p. 3.
[79] Submission
2, p. 3; also Mr Simeon Beckett, ALHR, Committee
Hansard, 21 October 2005, pp 6 and 8.
[80] Committee
Hansard, 21 October 2005, p. 20.
[81] Note that there is no similar provision contained
in the amendments to the Foreign Evidence Act: this is discussed further below.
[82] Submission
2, p. 7.
[83] Mr Simeon Beckett,
ALHR, Committee Hansard, 21 October
2005, p. 7.
[84] See proposed subs. 15YW(7).
[85] Submission
2, pp 7-8; see also Mr Simeon Beckett, ALHR, Committee
Hansard, 21 October 2005, p. 7.
[86] Committee
Hansard, 21 October 2005, p. 7; see also p. 11.
[87] Committee
Hansard, 21 October 2005, p. 34.
[88] See proposed subs. 15YW(4)-(6).
[89] Submission
2, p. 8; also Mr Simeon Beckett, ALHR, Committee
Hansard, 21 October 2005, pp 10-11.
[90] Committee
Hansard, 21 October 2005, p. 15.
[91] Committee
Hansard, 21 October 2005, pp 28-29.
[92] Committee
Hansard, 21 October 2005, p. 28.
[93] Submission
2, p. 8; and see also HREOC, Submission 4A, p. 2.
[94] Committee
Hansard, 21 October 2005, p. 8; see also Mr Craig Lenehan, HREOC, Committee Hansard, 21 October 2005, p.
14.
[95] Submission
1, p. 3.
[96] Submission
1, p. 3; see also Bills Digest, p.
12.
[97] Committee
Hansard, 21 October 2005, p. 4.
[98] Submission
4, p. 11; see also Mr Craig Lenehan, HREOC,
Committee Hansard, 21 October 2005,
p. 16; and see further Submission 4A, p. 2.
[99] Submission
4, p. 11; Mr Craig Lenehan, HREOC, Committee Hansard, 21 October 2005, p.
17.
[100] Committee
Hansard, 21 October 2005, pp 21 and 28.
[101] Committee
Hansard, 21 October 2005, p. 29.
[102] Committee
Hansard, 21 October 2005, p. 21.
[103] Mr Craig Lenehan, HREOC, Committee Hansard, 21 October 2005, p. 13.
[104] Submission
4, pp 11-12; also Mr Craig Lenehan, Committee Hansard, 21 October 2005,
p. 13.
[105] See, for example, ALHR, Submission 2, p. 6;
Gilbert and Tobin Centre of Public Law, Submission
1, p. 4; HREOC, Submission 4, pp 12-13.
[106] See s.25 of the Foreign Evidence Act.
[107] See proposed section 25A of the Foreign Evidence
Act.
[108] Committee
Hansard, 21 October 2005, p. 27.
[109] Committee
Hansard, 21 October 2005, p. 28.
[110] Committee
Hansard, 21 October 2005, p. 28.
[111] See, for example, Gilbert and Tobin Centre of
Public Law, Submission 1, p. 4; HREOC, Submission 4, pp 9-12;
see also Bills Digest, p. 18.
[112] Submission
1, p. 4.
[113] Submission
1, p. 4; see also Dr Andrew Lynch, Gilbert
and Tobin Centre of Public Law, Committee
Hansard, 21 October 2005, pp 2-3.
[114] Submission
1, p. 4.
[115] Committee
Hansard, 21 October 2005, p. 13.
[116] Submission
4, p. 11; also Mr Craig Lenehan,
HREOC, Committee Hansard, 21 October
2005, pp 13 and 15.
[117] Submission
4, p. 13.
[118] Committee
Hansard, 21 October 2005, p. 16.
[119] Committee
Hansard, 21 October 2005, p. 13.
[120] Submission
5, p. 3.
[121] Submission
5, pp 3-4.
[122] Committee
Hansard, 21 October 2005, p. 21.
[123] Committee
Hansard, 21 October 2005, p. 23.
[124] Submission
2, p. 5.
[125] Committee
Hansard, 21 October 2005, p. 9.
[126] Committee
Hansard, 21 October 2005, p. 12.
[127] Committee
Hansard, 21 October 2005, p. 12.
[128] Committee
Hansard, 21 October 2005, p. 23.
[129] Committee
Hansard, 21 October 2005, p. 21 and see also p. 36.
[130] Committee
Hansard, 21 October 2005, p. 21; see also DPP, Committee Hansard, 21 October 2005, p. 24.
[131] See proposed subsection 15YU(3).
[132] See proposed subsection 25A(3).
[133] Bills Digest, pp 10 and 16.
[134] See further Bills Digest, pp. 5-6.
[135] Submission
2, p. 6; also Mr Simeon Beckett, ALHR, Committee
Hansard, 21 October 2005, pp 6-7.
[136] Submission
2, p. 6.
[137] Committee
Hansard, 21 October 2005, p. 7.
[138] Committee
Hansard, 21 October 2005, p. 7.
[139] Submission
2, p. 7; see also Mr Craig Lenehan, HREOC,
Committee Hansard, 21 October 2005,
p. 14.
[140] Committee
Hansard, 21 October 2005, p. 7.
[141] Submission
2, p. 7; and see also Mr Simeon Beckett, ALHR, Committee
Hansard, 21 October 2005, pp 7 and 9-10.
[142] Submission
5, p. 2.
[143] The
Hon Philip Ruddock MP, Attorney-General, House
of Representatives Hansard, 13 October 2005, p. 25.
[144] Committee
Hansard, 21 October 2005, p. 8; and see also pp 9-10.
[145] Committee
Hansard, 21 October 2005, p. 14.
[146] Committee
Hansard, 21 October 2005, p. 22.
[147] Submission
5A, p. 1.
[148] Submission
5A, p. 1.
[149] Committee
Hansard, 21 October 2005, p. 22.
[150] Committee
Hansard, 21 October 2005, p. 22.
[151] See items 1-4 of Schedule 1 of the Bill.
[152] Bills Digest, p. 8.
[153] Bills Digest, p. 8.
[154] Committee
Hansard, 21 October 2005, pp 29-30.
[155] Submission
1, p. 1.
[156] Submission
1, p. 2.
[157] Committee
Hansard, 21 October 2004, p. 3.
[158] Submission
1, p. 2, referring to Wilson v Minister for Aboriginal and Torres
Strait Islander Affairs (1996) 189 CLR 1; also Dr Andrew Lynch, Gilbert and
Tobin Centre of Public Law, Committee
Hansard, 21 October 2005, p. 4.
[159] Committee
Hansard, 21 October 2005, p. 30.
[160] Committee Hansard,
21 October 2005, p. 30.
[161] p. 15.
[162] Submission
7, p. 1.
[163] Committee
Hansard, 21 October 2005, p. 30.
[164] Committee
Hansard, 21 October 2005, p. 31.
[165] Committee
Hansard, 21 October 2005, p. 31.
[166] Committee
Hansard, 21 October 2005, p. 31.
[167] Committee
Hansard, 21 October 2005, p. 31; see also Submission 6.
[168] Committee
Hansard, 21 October 2005, pp 32-33; see also Submission 6.
[169] Committee
Hansard, 21 October 2005, p. 33.
[170] Committee
Hansard, 21 October 2005, p. 31.
[171] See HREOC, Submission
4, p. 8, para 31. The amended s.15YV
proposed by HREOC is set out in Appendix 3.
[172] Gilbert
and Tobin Centre of Public Law, Submission 1, page 4
[173] The
Law Society of New South Wales, submission 7, page 1
[174] Australian Privacy
Foundation, correspondence, 18 October 2005
[175] Australian Privacy Foundation, correspondence, 18
October 2005
[176] Taken from HREOC, Submission 4, p. 8, para
31.