Chapter 1 - Introduction
[1]
Explanatory Memorandum, p. 3.
[2]
Explanatory Memorandum, p. 2.
[3]
Australian Lawyers for Human Rights, Submission 5, p. 1; Michael
O'Connell, Submission 14, p. 2.
[4]
State Coroner of New South Wales, Inquest into the deaths arising
from the Lindt Café Siege: findings and recommendations, May 2017,
Recommendations 26, 35; Law Council of Australia, Submission 11, p. 7.
[5]
Explanatory Memorandum, pp. 2–3.
[6]
Explanatory Memorandum, p. 3.
[7]
Attorney-General's Department, Submission 8, p. 4.
[8]
The Hon. Christian Porter, Attorney-General, 'Second Reading Speech', House of Representatives Hansard, 28 June 2018, p. 10
[9]
Attorney-General's Department, Submission 8, pp. 5–6.
[10]
Attorney-General's Department, Submission 8, p. 6.
[11]
Attorney-General's Department, Submission 8, p. 7.
[12]
For more detail, see Attorney-General's Department, Submission 8,
pp. 8–9.
[13]
Attorney-General's Department, Submission 8, p. 6.
[14]
The Hon. Christian Porter, Attorney-General, 'Second Reading Speech', House of Representatives Hansard, 28 June 2018, p. 11.
[15]
The Hon. Christian Porter, Attorney-General, 'Second Reading Speech', House of Representatives Hansard, 28 June 2018, p. 11. For more detail,
see Attorney-General's Department, Submission 8, pp. 6–7.
[16]
Attorney-General's Department, Submission 8, p. 9.
[17]
The Hon. Christian Porter, Attorney-General, 'Second Reading Speech', House of Representatives Hansard, 28 June 2018, p. 12.
[18]
Attorney-General's Department, Submission 8, p. 14.
[19]
The Hon. Christian Porter, Attorney-General, 'Second Reading Speech', House of Representatives Hansard, 28 June 2018, p. 12.
[20] Attorney-General's
Department, Submission 8, p. 14.
[21]
Explanatory Memorandum, p. 5.
[22]
Explanatory Memorandum, p. 3
Chapter 2 - Issues raised in evidence
[1]
See, for example, Northern Territory Police, Submission 9; Mr
Michael O'Connell, Submission 14; Professor Rob McLaughlin, Submission 1;
and Centre for Military and Security Law; Submission 2.
[2] Explanatory
Memorandum, p. 6; Attorney-General's Department, Submission 8, p. 4.
[3]
Mr Michael O'Connell, Submission 14, p. 2.
[4]
Centre for Military and Security Law, Submission 2, pp. 1–2.
[5] Centre
for Military and Security Law, Submission 2, p. 3.
[6] Centre for
Military and Security Law, Submission 2, p. 2.
[7]
The Hon. Christian Porter MP, Attorney-General, 'Second Reading Speech', House of Representatives Hansard, p. 28 June 2018, p. 12; Attorney-General's
Department, Submission 8, pp. 5–6.
[8]
For example, the Centre for Military and Security Law, Submission 2,
pp. 1–2; Mr Michael O'Connell AM APM, Submission 14, p. 2.
Also referred to by the Hon. Christian Porter MP,
Attorney-General, 'Second Reading Speech', House of Representatives Hansard, 28 June 2018, p. 12;
Attorney-General's Department, Submission 8, pp. 5–6.
[9]
See, for example, Associate Professor Greg Carne, Submission 16,
p.1, Civil Liberties Australia, Submission 7, pp. 12–13; Law Council of
Australia, Submission 11, pp. 5–6 and 14; Australian Lawyers Alliance, Submission
10, pp. 4 and 9; Australian Lawyers for Human Rights, Submission 5;
Mr Ian Brooke, Submission 6; Mr Joshua Badge, Submission 13.
[10]
Civil Liberties Australia, Submission 7; Australian Lawyers
Alliance, Submission 10;
Law Council of Australia, Submission 11; Associate Professor Greg Carne,
Submission 16.
[11]
Parliamentary Joint Committee on Human Rights, Human rights scrutiny
report: Report 8 of 2018, pp. 2–16.
[12]
Explanatory Memorandum, pp. 8 and 27. See also, proposed subsection
51N(3)(a)(i).
[13]
See sections 33 and 35 of the bill.
[14]
Law Council of Australia, Submission 11, p. 7.
[15]
Associate Professor Greg Carne, Submission 16, p. 2.
[16]
Mr Joshua Badge, Submission 13, pp. 1 and 3. See also Senate
Committee for the Scrutiny of Bills, Scrutiny Digest 8 of 2018, pp. 3–4;
Parliamentary Joint Committee on Human Rights, Human rights scrutiny report:
Report 8 of 2018, p. 2.
[17]
Mr Joshua Badge, Submission 13, p. 3.
[18]
Parliamentary Joint Committee on Human Rights, Human rights scrutiny
report: Report 8 of 2018, p. 8.
[19]
Explanatory Memorandum, p. 6.
[20]
Law Council of Australia, Submission 11, p. 8.
[21]
Law Council of Australia, Submission 11, p. 8.
[22]
Australian Lawyers for Human Rights, Submission 5, pp. 3 and
5.
[23]
Law Council of Australia, Submission 11, p. 8; Australian Lawyers
for Human Rights, Submission 5, pp. 3 and 5; Associate Professor
Greg Carne, Submission 16, p. 8.
[24]
Associate Professor Carne argued that the proposed subsection 51ZB, as
currently drafted, lacks 'specificity, demonstrable independence from the
Minister and balance'.
See Submission 16, p. 8.
[25]
Law Council of Australia, Submission 11, p. 11; Name withheld, Submission
12, p. [2];
Centre for Military and Security Law; Submission 2, pp. 2–3.
[26]
Proposed section 46 further places restraints on the authorising minister
and the ADF members. Parliamentary Joint Committee on Human Rights, Human
rights scrutiny report: Report 8 of 2018, p. 9; Explanatory Memorandum, pp.
9–10.
[27]
Parliamentary Joint Committee on Human Rights, Human rights scrutiny
report: Report 8 of 2018, p. 11.
[28]
Definition contained in proposed section 31. Australian Lawyers Alliance, Submission
10, pp. 6–7; Name withheld, Submission 12, p. [2]; Law Council
of Australia, Submission 11, p. 12.
[29]
Associate Professor Greg Carne, Submission 16, p. 2.
[30]
Associate Professor Greg Carne, Submission 16, p. 2.
[31]
Australian Lawyers Alliance, Submission 10, pp. 6-7.
[32]
Explanatory Memorandum, p. 13.
[33]
See, for example, Law Council of Australia, Submission 11. p. 9;
Associate Professor Greg Carne, Submission 16, pp. 5–6; Civil Liberties
Australia, Submission 7, p. 2.
[34]
Australian Lawyers Alliance, Submission 10, p. 7.
[35]
Australian Lawyers Alliance, Submission 10, p. 8.
[36]
Law Council of Australia, Submission 11, p. 12; Associate Professor
Greg Carne, Submission 16, pp. 5–6,
Civil Liberties Australia, Submission 7, pp. 10–11, Australian Lawyers for Human Rights, Submission
5, pp. 3–4.
[37]
Associate Professor Greg Carne, Submission 16, p. 6.
[38]
Law Council of Australia, Submission 11, p. 6.
[39]
Mr Joshua Badge, Submission 13, p. 2;
Associate Professor Greg Carne, Submission 16, pp. 4–5; Mr Ian
Brooke, Submission 6, p. 1; Civil Liberties Australia, Submission 7,
pp. 5–6.
[40]
Parliamentary Joint Committee on Human Rights, Human rights scrutiny
report: Report 8 of 2018, p. 12.
[41]
Mr Joshua Badge, Submission 13, p. 3.
[42]
Civil Liberties Australia, Submission 7, p. 3. CLA highlighted some
past experiences when troops have been used by Australian governments to quell
protests and industrial action, Submission 7, pp. 4–6.
[43]
Explanatory Memorandum, p. 51.
[44]
Explanatory Memorandum, p. 51. See also Mr Joshua Badge, Submission 13,
p. 2.
[45]
Mr Joshua Badge, Submission 13, p. 2.
[46]
Associate Professor Greg Carne, Submission 16, p. 4.
[47]
Mr Joshua Badge, Submission 13, p. 2.
[48]
Mr Joshua Badge, Submission 13, p. 2
[49]
Explanatory Memorandum, p. 79.
[50]
Australian Lawyers for Human Rights, Submission 5, p. 3;
[51]
Law Council of Australia, Submission 8, p. 10.
[52]
Civil Liberties Australia, Submission 7, pp. 6–7.
[53]
Civil Liberties Australia, Submission 7, p. 8.
[54]
Professor Rob McLaughlin, Submission 1, pp. 4–5.
[55]
Law Council of Australia, Submission 11, p. 8.
[56]
Civil Liberties Australia, Submission 7, p. 2.
[57]
Law Council of Australia, Submission 11, p. 10.
[58]
Law Council of Australia, Submission 11, p. 10.
[59]
Law Council of Australia, Submission 11, p. 10.
[60]
Law Council of Australia, Submission 11, Mr Joshua Badge, Submission
13, p. 3;
Civil Liberties Australia, Submission 7, p. 7.
Australian Greens dissenting report
[1]
Australian Lawyers for Human Rights, Submission 5, p. 2.
[2]
Civil Liberties Australia, Submission 7, p. 4.
[3]
Law Council of Australia, Submission 11, p. 8.
[4]
Australian Lawyers for Human Rights, Submission 5, p. 2