Footnotes
Chapter 1 - Introduction
[1]
The Hon. Senator Chris Ellison, Senate Hansard, 29 November 2006, p.1.
[2]
The Hon. Senator Chris Ellison, Senate Hansard, 29 November 2006, p.1.
[3]
The Hon. Senator Chris Ellison, Senate Hansard, 29 November 2006, p.1.
Chapter 2 - Overview of the Bill
[1] Most of this
chapter is drawn from the Explanatory Memorandum to the Bill, and from the
Second Reading Speech. As this chapter aims to summarise the provisions,
further detail can usually be found in the EM.
[2] Standing
Committee of Attorneys-General and Australasian Police Ministers Council Joint
Working Group on National Investigative Powers, Cross-Border Investigative
Powers For Law Enforcement Report, November 2003, available at www.ag.gov.au under 'publications'.
[3] Proposed
section 15GE.
[4] Proposed
section 15GG.
[5] Proposed
section 15GH.
[6] Proposed
section 15GH.
[7] Proposed
sections 15GO-GU.
[8] Proposed
section 15GV.
[9] Proposed
sections 15GW, 15GX and 15H.
[10] Proposed
section 15HA.
[11] Proposed
sections 15HH to HT.
[12] Proposed
section 15HW.
[13] Proposed
section 15HY.
[14] Proposed
section 15HZ(2).
[15] Except for
authorities granted to intelligence officers which must be reviewed every three
years.
[16] Proposed
sections 15JK-JL and 15JN - JR.
[17] Proposed
sections 15J-JY.
[18] Proposed
section 15KB.
[19] Proposed
section 15JZ and 15K.
[20] 'Law
enforcement agency' is defined, as above, to include the AFP, ACC, ACLEI, ATO,
Customs and any other Commonwealth agency specified by regulation, while
'intelligence agency' means ASIO and ASIS (proposed section 15KD).
[21] Proposed
section 15KI.
[22] Proposed
section 15KJ.
[23] Proposed
section 15KN.
[24] Except in
disciplinary proceedings against the decision-maker.
[25] Proposed
section 15KQ and KR.
[26] Proposed
section 15KW.
[27] Proposed
section 15KY and KZ.
[28] Proposed
section 3SL.
[29] Proposed
section 3SA.
[30] Proposed
section 3SD.
[31] Proposed
section 3SD.
[32] An
application for a delayed notification search warrant without an affidavit may
be made if the applicant believes that it is impracticable for an affidavit to
be prepared or sworn before the application is made or that any delay would
frustrate the effective execution of the warrant.
[33] Proposed
section 3SE.
[34] Proposed
section 3SF.
[35] Proposed
section 3SG.
[36] Proposed
section 3SI.
[37] Proposed
section 3SI.
[38] Proposed
section 3ST.
[39] Proposed
section 3SU.
[40] Proposed
sections 3SV-SZ.
[41] Proposed
sections 3SZA-SZD.
[42] Proposed section
3SZF.
[43] Item 1.
[44] Item 3.
[45] Item 31.
[46] Item 45.
[47] Items 36, 37
and 41.
[48] Item 43.
[49]
Item 19. Unlike Short Message Service (SMS) messages which are stored on
the memory contained within the handset, voicemail messages for mobile phones
are stored on computer servers held with the telecommunications company. There
is therefore currently a requirement to obtain a communications warrant to
access voicemail messages from a telephone seized under a search warrant.
Chapter 3 - Key issues
[1]
Federal Agent Lawler, Committee Hansard, 22 January 2007, p. 16.
[2]
Federal Agent Lawler, Committee Hansard, 22 January 2007, p. 16.
[3]
Mr Peter Webb, Committee Hansard, 22 January 2007, p. 3.
[4] See section
15HB(1) of the Crimes Act 1914. Types of offences encompassed by the provisions
are those punishable on conviction by imprisonment for three years or more,
including such offences as theft, fraud, tax evasion, currency violations,
controlled substances, illegal gambling, extortion, money laundering,
perverting the course of justice, espionage, sabotage or threats to national
security, people smuggling, and importation of prohibited imports or
exportation of prohibited exports.
[5]
See, for example, Committee Hansard, 22 January 2007, p. 12; Committee Hansard, 22 January 2007, p. 30.
[6]
Mr Peter Webb, Committee Hansard, 22 January 2007, p. 4.
[7]
Submission 5A, p. 2.
[8]
Mr Peter Webb, Committee Hansard, 22 January 2007, p. 4.
[9]
Committee Hansard, 22 January 2007, pp 2-3.
[10]
Committee Hansard, 22 January 2007, p. 19.
[11]
Committee Hansard, 22 January 2007, p. 19.
[12]
Committee Hansard, 22 January 2007, p. 3.
[13]
Ms Helen Donovan, Committee Hansard, 22 January 2007, p. 7.
[14]
Committee Hansard, 22 January 2007, p. 11.
[15]
Submission 5, p. 4.
[16] Except in
disciplinary proceedings against the decision-maker.
[17]
Mr Peter Webb, Committee Hansard, 22 January 2007, p. 3.
[18]
Queensland Police Service, Submission 3, p. 1.
[19]
Committee Hansard, 22 January 2007, p. 21.
[20]
Committee Hansard, 22 January 2007, p. 17.
[21]
Dr Thom and Mr Goodrick, Committee Hansard, 22 January 2007, pp 12-13.
[22]
Submission 12, p. 1.
[23]
Section 6 of the Terrorism (Community Protection) Act 2003 (Vic)
and section 27D of the Terrorism (Emergency Powers) Act (NT).
[24]
Section 212 of the Police Powers and Responsibilities Act 2000 (Qld).
[25]
Submission 5, p. 5.
[26]
Proposed sections 3SY and 3SZF.
[27]
See Items 3, 4, 19, 25 and 26 of Schedule 3.
[28]
Submission 10, p.1.
[29]
Committee Hansard, 22 January 2007, p. 27.
[30]
Subsections 30(2) and (6) of the Australian Crime Commission Act 2002.