Footnotes

Chapter 1 - Introduction and background

[1] Selection of Bills Committee, Report no. 16 of 2015, Appendix 5, p. 1.

[3] The Hon Michael Keenan MP, Minister for Justice and Minister Assisting the Prime Minister on Counter-Terrorism, House of Representatives Hansard, 2 December 2015, p. 14 439.

[4] The offences of trafficking firearms into and out of Australia were introduced by the Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Act 2015.

[5] Liberal Party of Australia and the Nationals, The Coalition’s policy to tackle crime, Coalition policy document, Election 2013, accessed 5 January 2015, p. 8.

[6] The Hon Michael Keenan MP, Minister for Justice and Minister Assisting the Prime Minister on Counter-Terrorism, House of Representatives Hansard, 2 December 2015, p. 14 438.

[7] The Hon Michael Keenan MP, Minister for Justice and Minister Assisting the Prime Minister on Counter-Terrorism, 'Tough penalties to tackle gun crime', Media release, 19 March 2015, https://www.ministerjustice.gov.au/Mediareleases/Pages/2015/FirstQuarter/19-March-2015-Tough-Penalties-To-Tackle-Gun-Crime.aspx (accessed 20 January 2016).

[8] Senate Standing Committee for the Scrutiny of Bills, Alert Digest 10/14, p. 11; Senate Standing Committee for the Scrutiny of Bills, Alert Digest 4/15, p. 12.

[9] Explanatory Memorandum to the Criminal Code Amendment (Firearms Trafficking) Bill 2015, Statement of Compatibility with Human Rights, pp 4–5.

[10] Parliamentary Joint Committee on Human Rights, Twenty-second report of the 44th Parliament (13 May 2015), p. 38.

[11] Parliamentary Joint Committee on Human Rights, Twenty-second report of the 44th Parliament (13 May 2015), p. 38; Parliamentary Joint Committee on Human Rights, Fifteenth report of the 44th Parliament (November 2014), p. 32; Parliamentary Joint Committee on Human Rights, Nineteenth report of the 44th Parliament (3 March 2015), pp 106–7.

[12] Martin Place Siege: Joint Commonwealth–New South Wales Review, January 2015, p. 49.

Chapter 2 - Key issues

[1] Civil Liberties Australia (CLA), Submission 2, p. 1.

[2] The Hon Michael Keenan MP, Minister for Justice and Minister Assisting the Prime Minister on Counter-Terrorism, 'Tough new penalties for illicit firearms', Media release, 2 December 2015, https://www.ministerjustice.gov.au/Mediareleases/Pages/2015/FourthQuarter/2-December-2015-Tough-new-penalties-for-illicit-firearms.aspx (accessed 19 January 2016).

[3] Explanatory Memorandum, p. 3.

[4] Department of Immigration and Border Protection (DIBP), Submission 8, p. 1.

[5] Attorney-General's Department (AGD), Submission 9, p. 2.

[6] Law Society of NSW, Submission 3, p. 1; Law Council of Australia (LCA), Submission 4, p. 3; NSW Council of Labor Lawyers, Submission 7, p. 2.

[7] Law Society of NSW, Submission 3, p. 2; LCA, Submission 4, p. 3; Australian Human Rights Commission (AHRC), Submission 5, pp 12–13; NSW Council for Civil Liberties, Submission 6, p. 2.

[8] LCA, Submission 4, p. 3.

[9] Dr John Coyne, Submission 1, p. 2.

[10] Dr John Coyne, Submission 1, p. 2.

[11] AGD, Submission 9, p. 5.

[12] AGD, Submission 9, p. 5.

[13] AGD, Submission 9, p. 3.

[14] DIBP, Submission 8, p. 1.

[15] CLA, Submission 2, p. 1; Law Society of New South Wales, Submission 3, p. 2, NSW Council for Civil Liberties, Submission 6, pp 1–2.

[16] AHRC, Submission 5, p. 8.

[17] Law Society of New South Wales, Submission 3, pp 2–3.

[18] AGD, Submission 9, p. 4.

[19] AGD, Submission 9, p. 3.

[20] AGD, Submission 9, p. 4.

[21] LCA, Submission 4, p. 2.

[22] Senate Legal and Constitutional Affairs Legislation Committee, Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014, September 2014, p. 26.

[23] Senate Legal and Constitutional Affairs Legislation Committee, Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015, June 2015, p. 25.

[24] Explanatory Memorandum, p. 4.

[25] Parliamentary Joint Committee on Human Rights, Twenty-second report of the 44th Parliament, 13 May 2015, pp 38–39 (considering the Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014).

[26] Parliamentary Joint Committee on Human Rights, Twenty-fourth report of the 44th Parliament, 23 June 2015, p. 76.

[27] LCA, Submission 4, p. 4.

[28] Hili v The Queen (2010) 224 CLR 520 at 526 [13] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ).

[29] AHRC, Submission 5, p. 6.

[30] LCA, Submission 4, p. 2.

[31] LCA, Submission 4, p. 5.

[32] LCA, Submission 4, p. 5.

[33] AHRC, Submission 5, p. 14.

[34] LCA, Submission 4, p. 1.

[35] LCA, Submission 4, p. 2.

[36] Firearms Act 1996 (NSW), section 36(1); LCA, Submission 4, p. 2.

[37] AGD, Submission 9, p. 4.

[38] AGD, Submission 9, p. 5.

[39] AGD, Submission 9, p. 2.

[40] Explanatory Memorandum, p. 4.

[41] Senate Legal and Constitutional Affairs Legislation Committee, Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015, June 2015, p. 25.

[42] AGD, Submission 9, p. 2.

Dissenting Report of the Australian Labor Party

[1] Law Society of NSW, Submission 3, p. 2; Law Council of Australia, Submission 4, p. 3; Australian Human Rights Commission, Submission 5, pp 12–13; NSW Council for Civil Liberties, Submission 6, p. 2.

[2] Senate Legal and Constitutional Affairs Committee, Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014, Dissenting report, September 2014, p. 28.

[3] NSW Council for Civil Liberties, Submission 6, p. 4.

[4] Australian Human Rights Commission, Submission 6, p. 12.

[5] Law Council of Australia, Submission 4, p. 4.

[6] Law Council of Australia, Submission 4, p. 4.

[7] Senate Legal and Constitutional Affairs Committee, Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014, September 2014, p. 24; Law Council of Australia, Submission 4, p. 4.

[8] Law Council of Australia, Submission 4, p. 4.

Dissenting Report by the Australian Greens

[1] Law Council of Australia, Submission 4, p. 2.

[2] Australian Human Rights Commission, Submission 5, p. 5.