Footnotes
CHAPTER 1 - INTRODUCTION
[1] Explanatory
Memorandum, p. 1.
[2] at
www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf
(accessed 17 March 2010).
[3] www.baliprocess.net
(accessed 17 March 2010).
[4] www.baliprocess.net
(accessed 17 March 2010).
[5] Prime
Minister, ‘Australia-Indonesia
joint statement’, Media Release, 10 March
2010 at: www.pm.gov.au/node/6556 (accessed 17 March 2010);
Attorney-General’s Department, Answers to questions on notice, 23 April
2010, p. 3.
[6] Janet
Phillips and Harriet Spinks, Boat arrivals in Australia
since 1976, Parliamentary Library Background Note, 11 March 2010,
at: https://www.aph.gov.au/library/pubs/BN/sp/BoatArrivals.htm (accessed 17
March 2010), p. 18; Minister for Home Affairs, Media Releases: ‘Border
Protection Command intercepts vessel’ 29 April 2010, ‘Border Protection Command
intercepts vessel’ 28 April 2010, ‘Border Protection Command intercepts vessel’
27 April 2010, ‘Border Protection Command intercepts vessel’ 26 April 2010, ‘Border
Protection Command intercepts vessel’ 23 April 2010, ‘Border Protection Command
intercepts vessel’ 21 April 2010, ‘Border Protection Command intercepts vessel’
11 April 2010, ‘Border Protection Command intercepts vessel’ 11 April 2010,
‘Border Protection Command intercepts vessel’ 10 April 2010, ‘Border Protection
Command intercepts vessel’ 10 April 2010, ‘Border Protection Command boards
vessel’ 9 April 2010, ‘Border Protection Command intercepts vessel’ 7 April 2010,
‘Vessel intercepted by Border Protection Command’ 6 April 2010, ‘Border
Protection Command intercepts vessel’ 4 April 2010, ‘Border Protection Command
intercepts vessel’ 2 April 2010, ‘Border Protection Command intercepts vessel’
1 April 2010, ‘Two vessels intercepted by Border Protection Command’ 29 March
2010, ‘Border Protection Command intercepts vessel’ 27 March 2010, ‘Border
Protection Command intercepts vessel’ 25 March 2010, ‘Border Protection Command
intercepts vessels’ 23 March 2010, ‘Border Protection Command intercepts
vessel’ 22 March 2010, ‘Border Protection Command intercepts vessel’ 20 March
2010, ‘Border Protection Command intercepts vessel’ 14 March 2010, ‘Border
Protection Command boards vessel’ 12 March 2010 and ‘Border Protection Command
rescues 27 people’ 11 March 2010; Hayden Cooper, ‘Asylum seekers intercepted
near Christmas Island’, ABC News, 16 April 2010, at: www.abc.net.au/news/stories/2010/04/16/2874614.htm?site=news
(accessed 16 April 2010).
[7] Janet
Phillips and Harriet Spinks, Boat arrivals in Australia
since 1976, Parliamentary Library Background Note, p. 18.
[8] Janet
Phillips and Harriet Spinks, Boat arrivals in Australia
since 1976, Parliamentary Library Background Note, p. 18.
[9] Department
of Immigration and Citizenship, Fact Sheet 73 – People Smuggling, 20 May
2009, at: www.immi.gov.au/media/fact-sheets/73smuggling.htm (accessed 17 March
2010), p. 2.
[10] Department
of Immigration and Citizenship, Annual Report 2008-09, pp 93 and 102.
[11] UNHCR,
Asylum Levels and Trends in Industrialised Countries 2009, 23 March
2010, at: http://www.unhcr.org/4ba7341a9.html (accessed 25 March 2010), pp 4, 5
and 13.
[12] UNHCR,
Asylum Levels and Trends in Industrialised Countries 2009, 23 March
2010, p. 5.
[13] UNHCR,
Asylum Levels and Trends in Industrialised Countries 2009, p. 14.
[14] Elibritt
Karlsen, Anti-People Smuggling and Other Measures Bill 2010, Bills
Digest No. 131, 11 March 2010, p. 4; Prime Minister, Minister for Immigration
and Citizenship, Minister for Foreign Affairs, Attorney-General and Minister
for Home Affairs, ‘$1.3 Billion to Combat People Smuggling and Strengthen
Australia's National Security’, Media Release, 12 May 2009 at: www.ema.gov.au/www/agd/agd.nsf/Page/Publications_Budgets_Budget2009_MediaReleases_$1.3BilliontoCombatPeopleSmugglingandStrengthenAustraliasNationalSecurity
(accessed 29 March 2010) p. 1.
[15] Minister
for Home Affairs, ‘New Measures to Enhance Australia’s Border Protection’, Media
Release, 12 May 2009, at: www.ema.gov.au/www/agd/agd.nsf/Page/Publications_Budgets_Budget2009_MediaReleases_NewMeasurestoEnhanceAustraliasBorderProtection
(accessed 29 March 2010) pp 1-2.
[16] Minister
for Home Affairs, House Representatives Hansard (Proof), 16 March 2010,
p. 26. A media release from the Minister for Home Affairs on 21 April 2010
stated that the AFP had arrested 135 people in relation to offences under the
Migration Act since September 2008.
CHAPTER 2 - OVerview of the Bill
[1] Submission
14 from the DPP provides a very helpful breakdown of the elements of the
people smuggling offences proposed by the Bill.
[2] Explanatory
Memorandum, p. 1; section 73.4 of the Criminal Code.
[3] Items
6 and 8 of Schedule 1; Explanatory Memorandum, p. 1.
[4] Explanatory
Memorandum, pp 8 and 15.
[5] Explanatory
Memorandum, pp 7 and 14; DPP, Submission 14, pp 3 and 4-5.
[6] Sections
5.4 and 5.6 of the Criminal Code; Explanatory Memorandum, pp 7 and 14;
Attorney-General’s Department, Submission 8, p. 2; Dr Dianne Heriot,
Attorney-General’s Department, Committee Hansard, 16 April 2010, p. 35.
[7] Explanatory
Memorandum, pp 8 and 14.
[8] Proposed
subsections 73.3A(2) of the Criminal Code and 233D(2) of the Migration Act;
Explanatory Memorandum, pp 7 and 14; Attorney-General’s Department, Submission
8, p. 2.
[9] Explanatory
Memorandum, pp 8 and 15.
[10] The
Hon Robert McClelland MP, Attorney-General, House Hansard (Proof), 24
February 2010, p. 3.
[11] Paragraphs
73.1(1)(d) and 73.3(1)(d) of the Criminal Code.
[12] Sections
232A, 233 and 233A of the Migration Act.
[13] Items
1, 2, 4 and 5 of Schedule 1.
[14] Explanatory
Memorandum, p. 6.
[15] Elibritt
Karlsen, Anti-People Smuggling and Other Measures Bill 2010, Bills
Digest No. 131, 11 March 2010, p. 6.
[16] Item
8 of Schedule 1; Explanatory Memorandum, pp 11-12.
[17] The
existing aggravated people smuggling offences are offences relating to groups
of five or more people and are set out in sections 232A and 233A of the
Migration Act. These offences would be retained by the Bill as proposed
sections 233C and 234A of the Migration Act.
[18] Proposed
paragraphs 236B(3)(a) and (4)(a) of the Migration Act; Explanatory Memorandum,
p. 16.
[19] Explanatory
Memorandum, pp 16-17.
[20] Explanatory
Memorandum, p. 3. See also Attorney-General’s Department, Submission 8,
p. 3.
[21] Item
1 of Schedule 2; Explanatory Memorandum, p. 20.
[22] Explanatory
Memorandum, p. 20.
[23] Explanatory
Memorandum, p. 2.
[24] Items
14 and 15 of Schedule 1; Explanatory Memorandum, p. 2. Surveillance devices
include data surveillance, listening, optical surveillance and tracking
devices.
[25] Explanatory
Memorandum, p. 2. Specifically, emergency authorisations could be obtained to
investigate offences under proposed sections 233B and 233C of the Migration Act
and sections 73.2 and 73.3 of the Criminal Code.
[26] Proposed
section 234A of the Migration Act.
[27] Paragraphs
46(1)(d) and 46A(1)(d) of the TIA Act.
[28] Items
17 and 18 of Schedule 1; Explanatory Memorandum, pp 2 and 18-19.
[29] Subsection
5D(3) of the TIA Act; Explanatory Memorandum, pp 18-19.
[30] Subsection
5D(3A) of the TIA Act; Explanatory Memorandum, p. 19.
[31] Definition
of ‘the Organisation’ in subsection 5(1), and sections 11A, 11B and
11C of the TIA Act.
[32] Definition
of ‘foreign intelligence’ in subsection 5(1) of the TIA Act; definition of
‘foreign intelligence’ in section 4 of the ASIO Act.
[33] Definition
of ‘foreign power’ in section 4 of the ASIO Act.
[34] Explanatory
Memorandum, p. 21. See also Attorney-General’s Department, Submission 8,
p. 5.
[35] Explanatory
Memorandum, p. 21. See also Attorney-General’s Department, Submission 8,
p. 5.
[36] Subsection
11D(5) of the TIA Act would prevent such warrants being issued for the purpose
of collecting information concerning Australian citizens or permanent residents
whether they are in Australia or overseas.
[37] Explanatory
Memorandum, p. 22.
[38] Paragraph
11A(1)(b), and subparagraphs 11B(1)(b)(i) and 11C(1)(b)(i) of the TIA Act.
[39] Items
5, 7 and 9 of Schedule 3; Explanatory Memorandum, p. 22.
CHAPTER 3 - KEY ISSUES
[1] See,
for example, Immigration Advice and Rights Centre Inc, Submission 7, p.
1; Ms Hannah Quadrio, Submission 13, p. 3; Dr Elizabeth Biok, Refugee
Council of Australia, Committee Hansard, 16 April 2010, p. 22.
[2] Submission
23, p. 13.
[3] Committee
Hansard, 16 April 2010, p. 4.
[4] Submission
18, p. 1.
[5] Committee
Hansard, 16 April 2010, p. 22. See also Submission 10, pp 2-3 and
6-7; Ms Susan Longmore OAM and Mr Andrew Longmore, Submission 3; Amnesty
International Australia, Submission 16, p. 8; Great Lakes Rural
Australians for Refugees, Submission 21, p. 1.
[6] Committee
Hansard, 16 April 2010, p. 22. See also Submission 12, pp 4 and 5-6;
Project Safecom Inc, Submission 17, pp 6 and 12.
[7] Proposed
subsection 233D(2) of the Migration Act; proposed subsection 73.3A(2) of the
Criminal Code; Attorney-General’s Department, Submission 8, p. 2.
[8] Submission
7, p. 3.
[9] Committee
Hansard, 16 April 2010, pp 11-12. See also UNSW submission, Submission
23, pp 15-16; Australian Lawyers for Human Rights, Submission 26, p.
3.
[10] Submission
23, p. 15. See also Ms Helen Donovan, Law Council, Committee Hansard,
16 April 2010, p. 15.
[11] Committee
Hansard, 16 April 2010, p. 13.See also Committee Hansard, 16 April
2010, pp 14 and 16-17; Submission 9, p. 5; Mr Chris Connolly, Australian
Privacy Foundation, Committee Hansard, 16 April 2010, pp 31 and 33; Australian
Privacy Foundation, Submission 15, p. 2.
[12] Committee
Hansard, 16 April 2010, p. 17.
[13] Committee
Hansard, 16 April 2010, p. 18.
[14] Submission
9, pp 6-7. See also Dr Elizabeth Biok, Refugee Council of Australia, Committee
Hansard, 16 April 2010, pp 22-23 and 28.
[15] Refugee
Council of Australia, Submission 10, p. 3. See also Project Safecom Inc,
Submission 17, pp 6 and 13.
[16] Submission
23, p. 13.
[17] Dr
Dianne Heriot, Committee Hansard, 16 April 2010, p. 35. See also
Attorney-General’s Department, Answers to questions on notice, 23 April
2010, Attachment B, pp 7-8.
[18] Attorney-General’s
Department, Answers to questions on notice, 23 April 2010, Attachment B,
p. 8.
[19] Mr
Geoffrey McDonald, Committee Hansard, 16 April 2010, p. 38. Section
102.7 of the Criminal Code makes it an offence to provide support or resources
to a terrorist organisation. See also Explanatory Memorandum, pp 8 and 15;
Attorney-General’s Department, National Security Legislation: Discussion
Paper on Proposed Amendments, July 2009, at: http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(966BB47E522E848021A38A20280E2386)~SLB+-+National+Security+Discussion+Paper.pdf/$file/SLB+-+National+Security+Discussion+Paper.pdf
(accessed 21 April 2010), pp 62-63.
[20] Mr
Geoffrey McDonald, Committee Hansard, 16 April 2010, pp 38-39.
[21] See
for example Ms Doreen Roache, Submission 6; Vietnamese Community in
Australia, Submission 18, p. 2; Great Lakes Rural Australians for
Refugees, Submission 21, p. 1.
[22] Submission
4, p. 2. See also Labor for Refugees Victoria, Submission 5, p. 1;
Project Safecom Inc, Submission 17, p. 8; Ms Sue Hoffman, Submission
25, p. 3.
[23] Submission
23, p. 24.
[24] Committee
Hansard, 16 April 2010, pp 28-29. See also Submission 12, pp 8 and
12-13; Project Safecom Inc, Submission 17, pp 6 and 11.
[25] Submission
25, p. 2.
[26] Submission
25, p. 2.
[27] Submission
25, p. 6.
[28] Submission
9, p. 12. See also Refugee Council of Australia, Submission 10, pp
4-5; Queensland Law Society, Submission 19, p. 2; Senate Standing
Committee for the Scrutiny of Bills, Alert Digest, No.3 of 2010, p. 2.
[29] Submission
9, p. 12. See also Project Safecom Inc, Submission 17, pp 6, 15-16.
[30] Dr
Dianne Heriot, Committee Hansard, 16 April 2010, p. 43. See also
Attorney-General’s Department, Answers to questions on notice, 23 April
2010, p. 2.
[31] Dr
Dianne Heriot, Committee Hansard, 16 April 2010, pp 42-43.
[32] Paragraphs
73.1(1)(d) and 73.3(1)(d) of the Criminal Code.
[33] Items
1, 2, 4 and 5 of Schedule 1.
[34] Submission
7, p. 4. See also Ms Hannah Quadrio, Submission 13, p. 8; Project
Safecom Inc, Submission 17, pp 6 and 17-18.
[35] Submission
23, p. 26. See also Ms Pamela Curr, Asylum Seeker Resource Centre, Committee
Hansard, 16 April 2010, p. 28.
[36] Committee
Hansard, 16 April 2010, p. 5. See also Sydney Centre for International Law,
Submission 11, p. 1; Liberty Victoria, Submission 29, p. 1.
[37] Submission
9, pp 7-8.See also Ms Helen Donovan, Law Council, Committee
Hansard, 16 April 2010, pp 14-15 and 16; Refugee Council of Australia, Submission
10, pp 3-4.
[38] Dr
Dianne Heriot, Committee Hansard, 16 April 2010, p. 38.
[39] Mr
Geoffrey McDonald, Committee Hansard, 16 April 2010, p. 41.
[40] Submission
23, pp 19-20. See also Refugee Council of Australia, Submission 10,
p. 2.
[41] Submission
20, p. 2. See also Ms Marilyn Shepherd, Submissions 1; Ms Erika Stahr,
Submission 2.
[42] Submission
20, p. 3.
[43] See
for example Dr Elizabeth Biok, Refugee Council of Australia, Committee
Hansard, 16 April 2010 pp 25-26; Ms Hannah Quadrio, Submission 13,
p. 9; Ms Kath Morton, Submission 22; Ms Margaret O’Donnell,
Submission 28.
[44] Submission
23, p. 6. See also Associate Professor Ben Saul, Committee Hansard,
16 April 2010, p. 5; Asylum Seeker Resource Centre, Submission 12, p. 14.
[45] Submission
5, p. 3. See also Immigration Advice and Rights Centre Inc, Submission 7,
p. 2.
[46] Submission
5, p. 3. See also Asylum Seeker Resource Centre, Submission 12, p.
15
[47] Committee
Hansard, 16 April 2010, p. 7.
[48] Committee
Hansard, 16 April 2010, pp 24-25. See also Submission 12, p.
5; Amnesty International Australia, Submission 16, p. 7; Project Safecom
Inc, Submission 17, pp 9-10.
[49] Committee
Hansard, 16 April 2010, p. 25.
[50] Submission
16, p. 7. See also pp 4-5; Ms Sue Hoffman, Submission 25, pp 7-8.
[51] Attorney-General’s
Department, Answers to questions on notice, 23 April 2010, p. 2.
[52] Committee
Hansard, 16 April 2010, p. 30. See also Submission 15, p.2; section
7 of the Privacy Act and the definition of ‘intelligence agency’ in subsection
6(1) of that Act.
[53] Committee
Hansard, 16 April 2010, p. 34.
[54] Submission
9, p. 9. See also Ms Helen Donovan, Law Council, Committee Hansard,
16 April 2010, pp 13-14; Refugee Council of Australia, Submission
10, p. 5.
[55] Committee
Hansard, 16 April 2010, p. 18.
[56] Submission
23, p. 27.
[57] Committee
Hansard, 16 April 2010, p. 7. See also Sydney Centre for International Law,
Submission 11, p. 3; Amnesty International Australia, Submission 16,
p. 8; Mr Chris Connolly, Australian Privacy Foundation, Committee Hansard,
16 April 2010, pp 31-32.
[58] Mr
David Fricker, Committee Hansard, 16 April 2010, pp 44-45.
[59] Mr
David Fricker, Committee Hansard, 16 April 2010, p. 36. See also Committee
Hansard, 16 April 2010, p. 39; Attorney-General’s Department, Submission
8, p. 4; Mr Geoffrey McDonald, Attorney-General’s Department, Committee
Hansard, 16 April 2010, p. 42.
[60] Mr
David Fricker, Committee Hansard, 16 April 2010, p. 40.
[61] Submission
8, p. 3.
[62] Submission
9, p. 10.
[63] Proposed
section 233E of the Migration Act.
[64] Submission
9, p. 10. See also See also Ms Helen Donovan, Law Council, Committee
Hansard, 16 April 2010, p. 20; Rule of Law Association of Australia, Submission
27, pp1-2.
[65] Committee
Hansard, 16 April 2010, p. 31. See also Committee Hansard, 16 April
2010, p. 32; Submission 15, p. 3.
[66] Submission
9, p. 11. See also Ms Helen Donovan, Law Council, Committee Hansard,
16 April 2010, p. 19.
[67] Submission
9, p. 11.
[68] Submission
27, p. 2.
[69] Submission
8, p. 5.
[70] Submission
8, p. 5.
[71] Sections
5.4 and 5.6 of the Criminal Code; Explanatory Memorandum, pp 7 and 14.
[72] Item
1 of Schedule 3; Explanatory Memorandum p. 21.
[73] Subsection
11D(5) of the TIA Act would prevent such warrants being issued for the purpose
of collecting information concerning Australian citizens or permanent residents
whether they are in Australia or overseas.
Dissenting Report by Senator Sarah Hanson-Young
[1]
Anti-People Smuggling and Other Measures Bill 2010, second reading speech p.1
[2]
https://www.aph.gov.au/hansard/senate/commttee/S12939.pdf
Committee Hansard p.3
[3]
UNSW Submission No.23 p.7
[4]
Sydney Centre for International Law Submission No.11p.1
[5]
https://www.aph.gov.au/hansard/senate/commttee/S12939.pdf
Committee Hansard p.9
[6]
Anti People Smuggling and Other Measures Bill 2010 p.5
[7] Senator Chris Evans, Minister for Immigration
and Citizenship, “Liberals Bereft of Immigration
Policy”, Media Release
<http://www.minister.immi.gov.au/media/media-releases/2009/ce09096.htm>
(accessed 10 April 2010).
[8]
Law Council of Australia, Submission No.9 p.
[9]
Anti-People Smuggling and Other Measures Bill 2010, second reading speech p.1
[10]
Australian Privacy Foundation Submission no.15 p.2
[11]
Amnesty International Submission No.16 p.8
[12]
Law Council of Australia, Submission No.9 p.6
[13]
Attorney-General’s Media Release 21 April 2010 “Australia’s Human Rights
Framework”