Footnotes

 CHAPTER 1 - Introduction and Background

[1]        Journals of the Senate, No. 11—12 December 2013, p. 368.

[2]        Journals of the Senate, No. 11—12 December 2013, p. 361.

[3]        Journals of the Senate, No. 13—12 February 2014, p. 451.

[4]        Journals of the Senate, No. 24—25 March 2014, p. 708.

[5]        Senate Legal and Constitutional Affairs Legislation Committee, Interim Report into the Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, 27 May 2014.

[6]        Journals of the Senate, No. 73, 3 December 2014, p. 1965.

[7]        Journals of the Senate, No. 78, 12 February 2015, p. 2158; Journals of the Senate, No. 99, 22 June 2015, p. 2744.

[8]        Explanatory Memorandum (EM), p. 2.

[9]        Senate Hansard, 12 December 2013, p. 1606.

[10]      Senate Hansard, 12 December 2013, p. 1606.

[11]      Senate Legal and Constitutional Affairs Legislation Committee, Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2010, June 2010, p. 11.

[12]      Senate Legal and Constitutional Affairs Legislation Committee, Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, June 2013, p. 9.

[13]      Senator Xenophon, Senate Hansard, 12 December 2013, p. 1606.

CHAPTER 2 - Key Issues

[1]        See: Senate Legal and Constitutional Affairs Committee, Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, June 2013, pp 3-8.

[2]        See, for example: Australian Human Rights Commission, Submission 3, p. 3; Mr Anthony Coles, Attorney-General's Department, Committee Hansard, 3 March 2014, p. 13;

[3]        See, for example: Attorney-General's Department, Submission 2, p. 3; The Law Society of Western Australia, Submission 5, p. 1; Queensland Commission for Children and Young People and Child Guardian, Submission 7, pp 1-2. See also: Senate Legal and Constitutional Affairs Committee, Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, June 2013, pp 3-4.

[4]        Submission 2, p. 3.

[5]        Submission 1, p. 3.

[6]        Committee Hansard, 3 March 2014, pp 2 and 3.

[7]        Committee Hansard, 3 March 2014, p. 3.

[8]        Committee Hansard, 3 March 2014, p. 3.

[9]        Mrs Elsa Sengstock, Australian Federal Police, Committee Hansard, 3 March 2014, p. 18.

[10]      Committee Hansard, 3 March 2014, p. 18.

[11]      Mrs Elsa Sengstock, Australian Federal Police, Committee Hansard, 3 March 2014, p. 19.

[12]      See: Senate Legal and Constitutional Affairs Legislation Committee, Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, June 2013, pp 4-8.

[13]      Submission 4, pp 1-2.

[14]      Submission 2, p. 3. See also: Attorney-General's Department, Submission to the Senate Standing Committee on Legal and Constitutional Affairs inquiry into the Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, April 2013, p. 5.

[15]      Mr Anthony Coles, Attorney-General's Department, Committee Hansard, 3 March 2014, p. 14. See also: Law Society of South Australia, Submission 6, p. 3.

[16]      See, for example: Law Society of South Australia, Submission 6, p. 4; Mr Anthony Coles, Attorney-General's Department, Committee Hansard, 3 March 2014, pp 17 and 18.

[17]      Committee Hansard, 3 March 2014, p. 14.

[18]      Submission 6, p. 4.

[19]      Law Society of South Australia, Submission 6, p. 4.

[20]      Submission 6, p. 4.

[21]      Ms Susan McLean, Committee Hansard, 3 March 2014, p. 5.

[22]      Attorney-General's Department, Answers to questions on notice provided on 18 March 2014, p. 1.

[23]      Subsection 7.3(1) outlines that the mental impairment must have had the effect that: the person did not know the nature and quality of the conduct; or the person did not know the conduct was wrong; or the person was unable to control the conduct. 

[24]      Attorney-General's Department, Answers to questions on notice provided on 18 March 2014, p. 2.

Additional comments by Senator Nick Xenophon

[1]        Senate Legal and Constitutional Affairs Legislation Committee, Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, June 2013, p.8.

[2]        The Carly Ryan Foundation, 'Carly's Story', available at http://www.carlyryanfoundation.com/carlys_story (accessed 25 June 2013).

[3]        Ms Susan McLean, Submission 3, Senate Legal and Constitutional Affairs Legislation Committee inquiry into the Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, June 2013, p. 2.

[4]        Ms Sonya Ryan, Submission 7, Senate Legal and Constitutional Affairs Legislation Committee inquiry into the Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, June 2013, p. 3.

[5]        Ms Sonya Ryan, Submission 7, Senate Legal and Constitutional Affairs Legislation Committee inquiry into the Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, June 2013, pp 4-5.

[6]        Ms Susan McLean, Committee Hansard, 3 March 2014, p. 3.

[7]        Attorney-General's Department, Submission 1, Senate Legal and Constitutional Affairs Legislation Committee inquiry into the Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013, June 2013, p. 4.