Footnotes
CHAPTER 1 - Introduction and background
[1]
Journals of the Senate, No. 11, 12 December 2013, p. 361.
[2]
Journals of the Senate, No. 16, 4 March 2014, p. 528; Senate
Legal and Constitutional.
[3]
Senate Legal and Constitutional Affairs Legislation Committee, Interim
Report into the Criminal Code Amendment (Harming Australians) Bill 2013, 27
May 2014.
[4]
Journals of the Senate, No. 73, 3 December 2014, p. 1965.
[5] Journals of the Senate,
No. 78, 12 February 2015, p. 2158; Journals of the Senate, No. 99,
22 June 2015, p. 2744.
[6]
Journals of the Senate, No. 10, 11 December 2013, p. 339.
[7]
Criminal Code Amendment (Offences Against Australians) Act 2002.
[8]
Criminal Code Amendment (Offences Against Australians) Bill 2002,
Explanatory Memorandum, p. 1.
[9]
These offences are found in sections 115.1, 115.2, 115.3 and 115.4 of
the Criminal Code respectively.
[10]
See: Bills Homepage, Criminal Code Amendment (Offences Against
Australians) Bill 2002, https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r1680
(accessed 16 December 2013); Criminal Code Amendment (Offences Against
Australians) Bill 2002, Explanatory Memorandum, p. 2.
[11]
Criminal Code Amendment (Offences Against Australians) Bill 2002,
Explanatory Memorandum, p. 2.
[12]
Submission 3, p. 3.
[13]
Explanatory Memorandum (EM), p. 2.
[14]
Senator Nick Xenophon, Senate Hansard, 11 December 2013, p. 73.
[15]
These are: Murder of an Australian citizen or resident of Australia
(section 115.1); Manslaughter of an Australian citizen or resident of Australia
(section 115.2); Intentionally causing serious harm to an Australian citizen or
resident of Australia (section 115.3); and Recklessly causing serious harm to
an Australian citizen or resident of Australia.
[16]
Emphasis added to show the proposed amendments contained in the Bill.
[17]
Senate Committee for the Scrutiny of Bills, Alert Digest No. 1 of 2014,
12 February 2014, pp 1‑2.
[18]
Parliamentary Joint Committee on Human Rights, Second Report of the
44th Parliament, February 2014, p. 33.
CHAPTER 2 - Key issues
[1]
Submission 3, p. 2.
[2]
Submission 2, p. 4.
[3]
Submission 2, p. 6.
[4]
Senate Hansard, 11 December 2013, p. 73.
[5]
Submission 3, p. 3.
[6]
Explanatory Memorandum (EM), p. 4.
[7]
Submission 5, p. 2.
[8]
Submission 5, p. 2. See also: Dr Patrick Emerton, Submission 1,
p. 2.
[9]
Submission 1, pp 2-3.
[10]
Submission 3, p. 4. See also: Dr Patrick Emerton, Submission 1,
p. 2.
[11]
Submission 1, p. 3.
[12]
Submission 2, p. 5.
[13]
Submission 2, p. 7.
[14]
Submission 5, p. 2.
[15]
Submission 2, p. 7.
[16]
Submission 2, p. 7.
[17]
Submission 3, p. 3.
[18]
Submission 3, p. 4.
Additional comments by Senator Nick Xenophon
[1]
Explanatory Memorandum, p. 2.
[2]
Criminal Code Amendment (Offences Against Australians) Bill 2002,
Explanatory Memorandum, p. 2.
[3]
EM, p. 4.
[4]
Claire O'Connor SC, Opinion – Criminal Code Amendment (Harming
Australians) Bill 2014, p. 7 (included at Attachment A).
[5]
Claire O'Connor SC, Opinion – Criminal Code Amendment (Harming
Australians) Bill 2014, p. 7.
[6]
Claire O'Connor SC, Opinion – Criminal Code Amendment (Harming
Australians) Bill 2014, pp 8-9.