Footnotes
Chapter 1 - Introduction
[1] Standing
Committee of Attorneys-General, Communiqué, 17 April 2009
available at: http://www.scag.gov.au/lawlink/SCAG/ll_scag.nsf/pages/scag_meetingoutcomes (accessed 20 July 2009).
[2] Explanatory
Memorandum, pp 2 and 132.
Chapter 2 - Criminal asset confiscation
[1] ALRC,
Confiscation that Counts: A review of the Proceeds of Crime Act 1987, ALRC
87, 1999 at: http://www.austlii.edu.au/au/other/alrc/publications/reports/87/ (accessed 22 July 2009).
[2] ALRC,
p. 81.
[3] ALRC,
recommendation 9, p. 84.
[4] Submission
5, p. 2.
[5] Commonwealth
Director of Public Prosecutions, Annual Report 2007-08, at: http://www.cdpp.gov.au/Publications/AnnualReports/CDPP-Annual-Report-2007-2008.pdf (accessed 22 July 2009) p. 92.
[6] Mr
Tom Sherman AO, Report on the independent review of the operation of the
Proceeds of Crime Act 2002 (Cth), July 2006, at:
http://www.ag.gov.au/www/agd/agd.nsf/Page/Publications_ReportontheIndependentReviewoftheOperationofthePrceedsofCrimeAct2002(Cth) (accessed
21 July 2009), p. 68.
[7] Mr
Tom Sherman AO, p. 29.
[8] Mr
Tom Sherman AO, pp 57-58.
[9] Mr
Tom Sherman AO, p. D4. At present, there is a six year limitation except in
relation to terrorism offences. See for example subparagraphs 18(1)(d)(ii) and
47(1)(c)(ii) and paragraphs 19(1)(d) and 49(1)(d) of the 2002 POC Act.
[10] Mr
Tom Sherman AO, p. D4. Paragraphs 19(1)(d) and 49(1)(c) of the 2002 POC Act provide
for non-conviction based restraint and forfeiture of instruments of terrorism
offences but not the instruments of other offences. However, where there are
associated criminal proceedings, the provisions dealing with restraint and
forfeiture apply to the instruments of both terrorism and non-terrorism
offences: subsections 17(2) and 48(2).
[11] Sections
11-14 of the Criminal Property Confiscation Act 2000 (WA) and sections
67-72 of the Criminal Property Forfeiture Act 2002 (NT).
[12] Mr
Tom Sherman AO, p. 37.
[13] Mr
Tom Sherman AO, p. 37.
[14] PJC,
Inquiry into the future impact of serious and organised crime on Australian
society, September 2007, at: https://www.aph.gov.au/Senate/committee/acc_ctte/completed_inquiries/2004-07/organised_crime/report/index.htm (accessed
20 July 2009), recommendations 5 and 8.
[15] PJC,
Inquiry into the legislative arrangements to outlaw serious and organised
crime groups, August 2009, at: https://www.aph.gov.au/Senate/committee/acc_ctte/laoscg/report/report.pdf (accessed 17 August 2009), recommendation 3, pp 114-117.
[16] Explanatory
Memorandum, p. 2.
[17] Mr
Tom Sherman AO, pp 7-8.
[18] Explanatory
Memorandum, pp 2 and 5.
[19] Explanatory
Memorandum, p. 5.
[20] Definition
of ‘authorised officer’ in section 338 of the 2002 POC Act.
[21] Explanatory
Memorandum, p. 7.
[22] Explanatory
Memorandum, p. 6.
[23] Proposed
subsection 20A(4).
[24] References
to proposed provisions in this chapter refer to proposed provisions of the 2002
POC Act.
[25] Explanatory
Memorandum, p. 7. For example, where a person transfers property into the name
of a relative but retains effective control of the property. Section 337 of the
2002 POC Act defines ‘effective control’.
[26] Explanatory
Memorandum, p. 8.
[27] Explanatory
Memorandum, p. 14.
[28] The courts
that have proceeds jurisdiction for a preliminary unexplained wealth order or
an unexplained wealth order are those of any state or territory with
jurisdiction to deal with criminal matters on indictment. See proposed
subsection 335(7); Explanatory Memorandum, pp 11 and 19-20.
[29] Explanatory
Memorandum, p. 10.
[30] Proposed
subsection 179B(1); Explanatory Memorandum, p. 10.
[31] Explanatory
Memorandum, p. 14.
[32] Explanatory
Memorandum, p. 14.
[33] Proposed
subsections 179N(4) and (5).
[34] Proposed
subsection 179C(2).
[35] Proposed
subsection 179C(6).
[36] Explanatory
Memorandum, p. 11. Item 37 of Schedule 1 inserts a definition of ‘State offence
that has a federal aspect’ into section 338 of the 2002 POC Act providing that
the phrase has the same meaning as in section 3AA of the Crimes Act 1914.
Essentially, this encompasses offences which could have been validly enacted by
the Commonwealth Parliament.
[37] Proposed
subsection 179E(3); Explanatory Memorandum, p. 12.
[38] Proposed
subsection 179E(2).
[39] Explanatory
Memorandum, p. 12.
[40] Explanatory
Memorandum, p. 13.
[41] Explanatory
Memorandum, p. 20.
[42] Explanatory
Memorandum, p. 20.
[43] Proposed
section 179L.
[44] Explanatory
Memorandum, p. 14.
[45] Explanatory
Memorandum, p. 23.
[46] Explanatory
Memorandum, p. 23.
[47] Proposed
paragraph 15B(1)(a) and the definition of ‘authorised officer’ in section 338
of the 2002 POC Act.
[48] Proposed
section 15B; Explanatory Memorandum, pp 27 and 28.
[49] Explanatory
Memorandum, p. 27.
[50] Proposed
subsection 15N(3); Explanatory Memorandum, pp 27 and 31.
[51] Proposed
section 15P; Explanatory Memorandum, p. 31.
[52] Explanatory
Memorandum, pp 28-29.
[53] Proposed
section 15Q; Explanatory Memorandum, pp 27 and 31-32.
[54] Explanatory
Memorandum, p. 33. This time limit does not apply to conviction
based forfeitures, literary proceeds orders or the forfeiture of the proceeds
or instruments of terrorism offences.
[55] Pecuniary
penalty orders may not be preceded by a restraining order in which case
paragraph 116(2)(a) of the 2002 POC Act provides that the offence must have occurred
within six years preceding the application for the pecuniary penalty order.
[56] Explanatory
Memorandum, p. 33.
[57] Mr
Tom Sherman AO, p. D4.
[58] Mr
Tom Sherman AO, p. D3.
[59] Explanatory
Memorandum, p. 33.
[60] Subparagraphs
18(2)(d)(ii), 19(1)(d)(ii) and 49(1)(c)(iv), paragraph 19(2)(b) and subsection 47(1)
of the 2002 POC Act.
[61] Paragraphs
17(2)(d) and 48(2)(d) of the 2002 POC Act; Explanatory Memorandum, p. 38.
[62] Mr
Tom Sherman AO, p. D4; Explanatory Memorandum, p. 39.
[63] Explanatory
Memorandum, p. 38.
[64] Explanatory
Memorandum, p. 38; section 338 of the 2002 POC Act.
[65] Explanatory
Memorandum, p. 38.
[66] Proposed
subsections 47(4) and 49(4); Explanatory Memorandum, pp 39 and 40.
[67] There
are some exceptions to this. For example, section 198 provides that material
provided by a person in an examination is generally not admissible in civil or
criminal proceedings against the person.
[68] [2006]
NSWSC 195; Explanatory
Memorandum, p. 41.
[69] Brennan
J in Johns v Australian Securities Commission, (1993) 178 CLR 408 at 424
cited in DPP v Hatfield at para 24.
[70] Submission
5, p. 5.
[71] Mr
Tom Sherman AO, p. 29; Explanatory Memorandum, p. 41.
[72] Explanatory
Memorandum, p. 41.
[73] Explanatory
Memorandum, p. 41.
[74] Explanatory
Memorandum, pp 42-43.
[75] Explanatory
Memorandum, p. 43.
[76] Mr
Tom Sherman AO, p. 58.
[77] Committee
Hansard, 28 August 2009, p. 25.
[78] Submission
12, p. 1. See also Mr John Lawler, ACC, Committee Hansard, 28 August
2009, p. 46.
[79] Committee
Hansard, 28 August 2009, p. 47. See also p. 54.
[80] Submission
6, pp 4 and 15.
[81] Submission
6, p. 17. See also Civil Liberties Australia, Submission 4,
supplementary submission, pp 4-5; New South Wales Department of Justice and
Attorney-General, Submission 11, p. 1.
[82] Committee
Hansard, 28 August 2009, p. 2.
[83] Committee
Hansard, 28 August 2009, pp 5-6.
[84] Submission
6, p. 18. See also New South Wales Department of Justice and
Attorney-General, Submission 11, p. 1; Mr Lance Williamson, Civil
Liberties Australia, Committee Hansard, 28 August 2009, p. 23.
[85] Submission
10, p. 1.
[86] Submission
3, p. 4.
[87] Submission
3, p. 4. See also Mr Jon Hunt-Sharman, Committee Hansard, 28
August 2009, p. 26.
[88] Submission
3, p. 3; Mr Jon Hunt-Sharman, Committee Hansard, 28
August 2009, pp 35 and 36-37; Answers to questions on notice, 11
September 2009, pp 3-5.
[89] Committee
Hansard, 28 August 2009, pp 25 and 27.
[90] Committee
Hansard, 28 August 2009, p. 27.
[91] Submission
3, p. 7; Federal Agent John Whitehead, Committee Hansard, 28
August 2009, pp 37-38.
[92] Committee
Hansard, 28 August 2009, p. 37.
[93] Submission
9, p. 5. See also Civil Liberties Australia, Submission
4, supplementary submission, pp 1 and 3-4; Mr Tim Game SC, Law Council, Committee
Hansard, 28 August 2009, p. 6.
[94] Committee
Hansard, 28 August 2009, p. 8. See also Submission 9, p. 2;
Mr Lance Williamson, Civil Liberties Australia, Committee Hansard, 28
August 2009, pp 18 and 21.
[95] Submission
4, supplementary submission, p. 4.
[96] Submission
4, supplementary submission, p. 5.
[97] Committee
Hansard, 28 August 2009, p. 18.
[98] Committee
Hansard, 28 August 2009, p. 22.
[99] Answers
to questions on notice, 1 September 2009, p. 4.
[100] Section
198 of the 2002 POC Act.
[101] Answers
to questions on notice, 1 September 2009, p. 4.
[102] Submission
3, pp 11-15. See also the concerns raised by the DPP in
relation to the formula for calculating unexplained wealth: Answers to
questions on notice, 1 September 2009, p. 2.
[103] Answers
to questions on notice, 1 September 2009, p. 2.
[104] Ms
Sarah Chidgey, Committee Hansard, 28 August 2009, p. 64. See also
Explanatory Memorandum, p. 5; Assistant Commissioner Mandy Newton, Committee
Hansard, 28 August 2009, p. 57.
[105] Ms
Sarah Chidgey, Committee Hansard, 28 August 2009, pp 64 and 65.
[106] ACC,
Examples where ACC operations would have been enhanced through new powers,
tabled at public hearing, 28 August 2009.
[107] Assistant
Commissioner Mandy Newton, Committee Hansard, 28 August 2009, p. 49.
[108] Assistant
Commissioner Mandy Newton, Committee Hansard, 28 August 2009, p. 56.
[109] The
Hon Robert McClelland MP, House Hansard, 24 June 2009, p. 6964. See also
Mr John Lawler, ACC, Committee Hansard, 28 August 2009, p. 46.
[110] Committee
Hansard, 28 August 2009, pp 58 and 65.
[111] Committee
Hansard, 28 August 2009, p. 44.
[112] Ms
Sarah Chidgey, Committee Hansard, 28 August 2009, p. 67.
[113] Answers
to questions on notice, 7 September 2009, p. 1.
[114] Committee
Hansard, 28 August 2009, pp 50-51. See also Federal Agent John Whitehead, Police
Associations, Committee Hansard, 28 August 2009, pp 27-28.
[115] Committee
Hansard, 28 August 2009, p. 42. Federal Agent John Whitehead, Police Associations,
Committee Hansard, 28 August 2009, p. 29.
[116] Ms
Sarah Chidgey, Committee Hansard, 28 August 2009, p. 67. See also
proposed section 179L of the 2002 POC Act in relation to the power of the court
to order an amount be paid to dependants of a person subject to an unexplained
wealth order to relieve hardship.
[117] Ms
Sarah Chidgey, Attorney-General’s Department, Committee Hansard, 28
August 2009, p. 63; Mr John Thornton, DPP, Committee Hansard, 28 August
2009, p. 39.
[118] Submission
6, p. 23.
[119] Submission
6, p. 23.
[120] Submission
6, pp 23-24. See subsection 26(4) of the 2002 POC Act.
[121] Submission
3, p. 18. See proposed section 15B.
[122] Submission
3, p. 18.
[123] Assistant
Commissioner Mandy Newton, Committee Hansard, 28 August 2009, p. 57.
[124] Committee
Hansard, 28 August 2009, pp 43-44.
[125] Mr
Tim Game SC, Committee Hansard, 28 August 2009, p. 2.
[126] Submission
6, p. 26.
[127] Submission
5, p. 4.
[128] Submission
5, p. 5.
[129] Submission
4, supplementary submission, pp 8-9; Submission 6, pp 27-28.
[130] Submission
4, supplementary submission, p. 8.
[131] Submission
4, supplementary submission, p. 9.
[132] Submission
9, pp 2 and 6. See also Law Council, Submission 6, p. 31.
[133] Submission
9, p. 6.
[134] Committee
Hansard, 28 August 2009, p. 9.
[135] Answers
to questions on notice, 7 September 2009, p. 3.
[136] Answers
to questions on notice, 7 September 2009, p. 3.
[137] Ms
Sarah Chidgey, Committee Hansard, 28 August 2009, p. 63.
Chapter 3 - Investigative powers and witness protection
[1] Explanatory
Memorandum, p. 3; SCAG and Australasian Police Ministers Council Joint Working
Group on National Investigation Powers, Cross-Border Investigative Powers
for Law Enforcement, November 2003 at: http://www.ag.gov.au/www/agd/agd.nsf/Page/Publications_Cross-borderinvestigativepowersforlawenforcementReport-November2003 (accessed 27 July 2009).
[2] Explanatory
Memorandum, p. 3.
[3] Senate
Legal and Constitutional Affairs Committee, Report on the Crimes
Legislation Amendment (National Investigative Powers and Witness Protection)
Bill 2006, February 2007.
[4] Explanatory
Memorandum, p. 46.
[5] Section
15J of the Crimes Act and proposed section 15GF.
[6] Sections
15K and 15L of the Crimes Act and proposed subsections 15GH(2) and 15GJ(1).
[7] Explanatory
Memorandum, p. 47.
[8] Subsections
15I(2A) and 15IA(2A) of the Crimes Act specifically exclude informants from the
protections given to other participants in controlled operations.
[9] Explanatory
Memorandum, p. 53.
[10] References
to proposed provisions in this chapter refer to proposed provisions of the
Crimes Act.
[11] These
provisions would also provide protection to law enforcement officers who participate
in controlled operations on similar terms.
[12] Explanatory
Memorandum, pp 73-75.
[13] Proposed
paragraphs 15GI(2)(h) and 15GQ(2)(h); Explanatory Memorandum, pp 53, 60 and 74.
[14] Proposed
paragraphs 15GK(1)(f), 15GK(2)(f) and 15GO(2)(b); Explanatory Memorandum, p.
73.
[15] Explanatory
Memorandum, pp 54, 61, 64 and 73-74.
[16] Explanatory
Memorandum, p. 47.
[17] [2008] HCA 43; Explanatory Memorandum, p. 48.
[18] [2008] HCA 43 at paras 40-41.
[19] Explanatory
Memorandum, p. 78.
[20] Explanatory
Memorandum, p. 78.
[21] Section
15NA of the Crimes Act.
[22] Proposed
paragraphs 15GP(3)(b) and 15GU(3)(b).
[23] Proposed
paragraphs 15GR(1)(b) and 15GW(1)(b).
[24] Proposed
subsections 15GP(8), 15GR(2), 15GU(7) and 15GW(2).
[25] Subsection
15N(4) and section 15OB of the Crimes Act.
[26] A
‘formal authority’ is one that is in writing and signed by the authorising
officer (see Explanatory Memorandum, p. 60; proposed subsection 15GJ(1)).
[27] Proposed
paragraph 15GK(1)(h).
[28] Proposed
section 15GT; Explanatory Memorandum, p. 69.
[29] Explanatory
Memorandum, p. 63.
[30] Explanatory
Memorandum, p. 69.
[31] An
‘urgent authority’ is one that is given orally in person, by telephone or by
another means of communication (see Explanatory Memorandum, p. 60; proposed
subsection 15GJ(1)).
[32] Proposed
subsection 15GO(3).
[33] Proposed
subsections 15GH(3) and 15GJ(2); Explanatory Memorandum, pp 62-63.
[34] Explanatory
Memorandum, p. 81.
[35] Proposed
subsection 15HM(3); Explanatory Memorandum, p. 82.
[36] Explanatory
Memorandum, p. 82.
[37] Explanatory
Memorandum, pp 83-84.
[38] Explanatory
Memorandum, p. 84.
[39] Explanatory
Memorandum, p. 84.
[40] Division
2A, Part IAB of the Crimes Act; Commonwealth Ombudsman, Submission 2, p.
2.
[41] Proposed
subsection 15HS(3) and proposed section 15HT; Explanatory Memorandum, pp 85-86.
[42] Explanatory
Memorandum, p. 83.
[43] Proposed
subsection 15HO(3).
[44] Previous
annual reports of the Commonwealth Ombudsman regarding the monitoring of
controlled operations are available at: http://www.ombudsman.gov.au/commonwealth/publish.nsf/Content/publications_inspectionreports_all (accessed 4 August 2009).
[45] Explanatory
Memorandum, p. 48.
[46] Section
15XG and the definitions of ‘authorising person’ and ‘Commonwealth
participating agency’ in section 15XA of the Crimes Act; and proposed sections 15KA,
15KB and 15LH, and the definitions of ‘law enforcement agency’ and ‘intelligence agency’ in
proposed section 15K. Under both the existing provisions and the
provisions in the Bill, other Commonwealth agencies may be specified by
regulation as agencies permitted to authorise the use of assumed identities.
[47] Explanatory
Memorandum, p. 88; subsection 15XB(2) of the Crimes Act and proposed subsection
15KB(3).
[48] Subsections
15XB(1) and 15XG(3) and the definitions of ‘approved officer’ and ‘foreign
officer’ in section 15XA of the Crimes Act; proposed subsections 15KA(2) and
(3), proposed section 15KB and the definition of ‘foreign officer’ in proposed
section 15K.
[49] Explanatory
Memorandum, pp 90-91.
[50] Explanatory
Memorandum, pp 92-93.
[51] Proposed
paragraph 15KC(2)(h) and proposed subsection 15KD(2). This would not prevent
further authorities being granted in relation to a civilian supervised by a law
enforcement officer: proposed subsection 15KC(4).
[52] Explanatory
Memorandum, p. 94.
[53] Explanatory
Memorandum, p. 96.
[54] Proposed
subsections 15KF(4) and (5); Explanatory Memorandum, p. 96.
[55] Proposed
section 15KM; Explanatory Memorandum, p. 99.
[56] Section
15XH and the definition of ‘State or Territory participating agency’ in section
15XA of the Crimes Act.
[57] Proposed
section 15LA; Explanatory Memorandum, pp 48 and 107.
[58] Combined
effect of proposed sections 15LA, 15KP and 15KQ; Explanatory Memorandum, p. 48.
[59] Proposed
sections 15KX and 15KY; Explanatory Memorandum, pp 48 and 105-106.
[60] Explanatory
Memorandum, p. 49.
[61] Explanatory
Memorandum, p. 50.
[62] Proposed
sections 15ME and 15MX.
[63] Explanatory
Memorandum, pp 114-115.
[64] Proposed
sections 15MD to 15 MG.
[65] Proposed
sections 15MH and 15MI.
[66] Proposed
section 15MJ.
[67] Proposed
sections 15MK to 15MM.
[68] Proposed
section 15MS.
[69] Proposed
sections 15MU and 15MV.
[70] Proposed
section 15MW; Explanatory Memorandum, p. 50.
[71] Definition
of ‘operative’ in proposed section 15M; Explanatory Memorandum, pp 50 and 112.
[72] Explanatory
Memorandum, p. 113.
[73] Explanatory
Memorandum, p. 112.
[74] Proposed
subsection 15ME(1) and definitions of ‘law enforcement agency’ and ‘intelligence
agency’ in proposed section 15M; Explanatory Memorandum, p. 114.
[75] Explanatory
Memorandum, p. 128.
[76] Proposed
subsection 15ME(3); Explanatory Memorandum, pp 115 and 116.
[77] Proposed
subsections 15MG(1).
[78] Proposed
subsections 15MH(1) and (2).
[79] Explanatory
Memorandum, p. 117. See also p. 119.
[80] Proposed
section 15MJ; Explanatory Memorandum, p. 118.
[81] Explanatory
Memorandum, p. 119.
[82] Explanatory
Memorandum, p. 115.
[83] Proposed
section 15MM; Explanatory Memorandum, p. 121.
[84] Proposed
subsection 15MM(5); Explanatory Memorandum, p. 121.
[85] Explanatory
Memorandum, p. 127.
[86] Explanatory
Memorandum, p. 127.
[87] Proposed
section 15MW and definitions of ‘corresponding witness identity protection
certificate’ and ‘corresponding witness identity protection law’ in proposed
subsection 15M(1); Explanatory Memorandum, pp 49 and 127-128.
[88] Explanatory
Memorandum, p. 127.
[89] The
Law Council noted that it had some concerns about both the existing assumed
identities provisions in the Crimes Act and the amendments but did not detail
these concerns: Submission 6, p. 45.
[90] Police
Associations, Submission 3, p. 1; Mr Jon Hunt-Sharman, Police
Associations, Committee Hansard, 28 August 2009, p. 25; Assistant
Commissioner Mandy Newton, AFP, Committee Hansard, 28 August 2009, p. 48.
[91] Law
Council, Submission 6, p. 36. That bill was not enacted.
[92] Senate
Legal and Constitutional Affairs Committee, Report on the Crimes
Legislation Amendment (National Investigative Powers and Witness Protection)
Bill 2006, February 2007, recommendation 3, p. 16.
[93] Committee
Hansard, 28 August 2009, p. 3. See also Submission 6, p. 39.
[94] Submission
6, pp 39-40.
[95] Submission
2, p. 4.
[96] Submission
2, p. 1. See also Prof. John McMillan, Committee Hansard, 28 August
2009, p. 9.
[97] Submission
2, p. 3.
[98] See
for example section 37 of the Crimes (Controlled Operations) Act 2004 (Vic)
and section 27 of the Crimes (Controlled Operations) Act 2008 (ACT).
[99] Submission
2, pp 2-3. See also Prof. John McMillan, Committee Hansard, 28
August 2009, pp 9 and 10.
[100] Paragraph
15S(2)(e) and subsection 15S(3) of the Crimes Act; Submission 2, p. 3.
[101] Prof.
John McMillan, Committee Hansard, 28 August 2009, p. 13. See also Submission
2, p. 3.
[102] Submission
2, p. 4; Prof. John McMillan, Committee Hansard, 28 August 2009, pp 9
and 10.
[103] Mr
Phillip Boulton, Committee Hansard, 28 August 2009, p. 3; Submission
6, p. 38. See also Mr Lance Williamson, Civil Liberties Australia, Committee
Hansard, 28 August 2009, p. 19.
[104] Submission
6, pp 41-42.
[105] Committee
Hansard, 28 August 2009, p. 3.
[106] Submission
13, p. 2.
[107] Mr
Peter Whowell, Committee Hansard, 28 August 2009, p. 58.
[108] Ms
Sarah Chidgey, Committee Hansard, 28 August 2009, p. 66.
[109] Prof.
John McMillan, Committee Hansard, 28 August 2009, p. 10.
[110] Submission
6, p. 49.
[111] Submission
6, p. 48. See also Mr Phillip Boulton, Committee Hansard, 28 August
2009, p. 3.
[112] Submission
6, p. 47.
[113] Senate Legal
and Constitutional Affairs Committee, Report on the Crimes
Legislation Amendment (National Investigative Powers and Witness Protection)
Bill 2006, February 2007, p. 25.
Chapter 4 - Joint commission provisions
[1] Explanatory
Memorandum, p. 132.
[2] Explanatory
Memorandum, p. 133.
[3] Explanatory
Memorandum, p. 3.
[4] Proposed
subsection 11.2A(1); Explanatory Memorandum, p. 134.
[5] Proposed
subsection 11.2A(1); Explanatory Memorandum, p. 133.
[6] References
to proposed provisions in this chapter refer to proposed provisions of the
Criminal Code.
[7] Explanatory
Memorandum, p. 137.
[8] Explanatory
Memorandum, p. 134.
[9] Explanatory
Memorandum, pp 134-5.
[10] Explanatory
Memorandum, p. 135.
[11] Explanatory
Memorandum, p. 136.
[12] Section
5.4 of the Criminal Code; Explanatory Memorandum, p. 136.
[13] Explanatory
Memorandum, p. 136.
[14] Explanatory
Memorandum, p. 137.
[15] Submission
1, p. 3.
[16] Submission
1, p. 4.
[17] Submission
3, p. 27.
[18] Submission
3, p. 28. Division 102 of the Criminal Code allows for an organisation to
be specified a ‘terrorist organisation’ by regulation and creates offences in
relation to directing the activities of a terrorist organisation, membership
of, and recruiting for, such organisations.
[19] Submission
3, pp 30-33; Mr Jon Hunt-Sharman, Committee Hansard, 28 August 2009,
p. 26.
[20] Submission
6, p. 54.
[21] Committee
Hansard, 28 August 2009, p. 4.
[22] Submission
12, p. 5; Explanatory Memorandum, p. 137.
[23] Submission
12, pp 5-6.
[24] Submission
12, p. 6.
[25] Assistant
Commissioner Mandy Newton, Committee Hansard, 28 August 2009, p. 48.
[26] Submission
5, p. 6.; Correspondence regarding public hearing, 1
September 2009, p. 2.
Chapter 5 - Telecommunications interception
[1] For a more
detailed discussion of these laws see: Law Council, Submission 6, pp
7-9.
[2] Explanatory
Memorandum, p. 143.
[3] Paragraphs
46(1)(d) and 46A(1)(d) of the TIA Act; Explanatory Memorandum, p. 144.
[4] Explanatory
Memorandum, p. 144.
[5] Explanatory
Memorandum, p. 144.
[6] Submission
8, p. 2. See also Mr Jon Hunt-Sharman, Police Associations, Committee
Hansard, 28 August 2009, p. 26.
[7] New
South Wales Department of Justice and Attorney-General, Submission 11,
p. 2; New South Wales police portfolio, Submission 13, pp 2-3.
[8] Submission
13, p. 3.
[9] Submission
13, p. 4. The proposed amendment would involve including these proceedings within
the definition of ‘exempt proceeding’ in section 5B of the TIA Act.
[10] New
South Wales Department of Justice and Attorney-General, Submission 11,
p. 2; New South Wales police portfolio, Submission 13, pp 3-4; section
26 of the Crimes (Criminal Organisations Control) Act 2009 (NSW).
[11] Submission
13, p. 3.
[12] Submission
11, pp 2-3; section 93T of the Crimes Act 1900 (NSW); and sections 26 and
26A of Crimes (Criminal Organisations Control) Act 2009 (NSW).
[13] Submission
6, p. 5. See also pp 57-60; Ms Julie Ayling, Submission 12, pp 7-8.
Chapter 6 - Committee view
[1] PJC,
Inquiry into the legislative arrangements to outlaw serious and organised
crime groups, August 2009, p. 158.
[2] PJC,
Inquiry into the legislative arrangements to outlaw serious and organised
crime groups, August 2009, p. 158.
Additional Comments by Liberal Senators
[1] Lane
v Morrison [2009] HCA 29.
[2] Report
on the inquiry into the provisions of the Defence Legislation Amendment Bill
2006, October 2006, at: https://www.aph.gov.au/Senate/committee/fadt_ctte/completed_inquiries/2004-07/def_leg_bill_06/report/report.pdf (accessed 9 September 2009), pp 5-6.
[3] Mr Timothy
Pilgrim, Committee Hansard, 28 August 2009, p. 8. See also Submission
9, p. 2; Mr Lance Williamson, Civil Liberties
Australia, Committee Hansard, 28 August 2009, pp 18 and 21.
[4] Mr Timothy
Pilgrim, Committee Hansard, 28 August 2009, p. 13.
[5] Attorney-General’s
Department, Answers to Question on Notice, 7 September 2009, p. 7.
[6] Mr
Tim Game SC, Committee Hansard, 28 August 2009, p. 7.
[7] Submission
4, supplementary submission, p. 4.
[8] Ms
Sarah Chidgey, Committee Hansard, 28 August 2009, p. 62.
[9] Ms
Sarah Chidgey, Committee Hansard, 28 August 2009, p. 62.