Chapter 1 - Introduction

[1]        Selection of Bills Committee Report, No. 8 of 2017, p. 3 and appendix 4.

[2]        Selection of Bills Committee Report, No. 8 of 2017, p. 3 and appendix 5.

[3]        Note these cases are being considered together by the High Court, and so will be referred to in this report as Graham and Te Puia. See the Explanatory Memorandum, p. 6; see also the second reading speech on the bill made by the Hon Michael McCormack, Minister for Small Business, House of Representatives Hansard, 21 June 2017, p. 7191.

[4]        See the short particulars of the cases at High Court of Australia, Graham v Minister for Immigration (M97/2016) and Te Puia v Minister for Immigration (P58/2016).

[5]        High Court of Australia, Graham v Minister for Immigration (M97/2016) and Te Puia v Minister for Immigration (P58/2016).

[6]        Peter Benson, 'Bikies challenge raises ASIO heat on Labor' in The Australian, 14 August 2017.

[7]        High Court of Australia, Graham v Minister for Immigration (M97/2016) and Te Puia v Minister for Immigration (P58/2016). Note that Section 75(v) of the Constitution provides that: 'In all matters:...(v) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth; the High Court shall have original jurisdiction'.

[8]        Submission 1, p. 4.

[9]        The Hon Michael McCormack, Minister for Small Business, House of Representatives Hansard, 21 June 2017, p. 7191.

[10]      Migration Act 1958, section 503A(2)(c).

[11]      Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998.

[12]      High Court of Australia, Graham v Minister for Immigration (M97/2016) and Te Puia v Minister for Immigration (P58/2016).

[13]      The Hon Michael McCormack, Minister for Small Business, House of Representatives Hansard, 21 June 2017, p. 7191.

[14]      Explanatory Memorandum, p. 1.

[15]      Submission 1, p. 3.

[16]      Standing Committee for the Scrutiny of Bills, Scrutiny Digest 8 of 2017, 9 August 2017, p. 16.

[17]      Standing Committee for the Scrutiny of Bills, Scrutiny Digest 8 of 2017, 9 August 2017, p. 17.

[18]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report, Report 8 of 2017, 15 August 2017, p. 34.

[19]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report, Report 8 of 2017, 15 August 2017, p. 38.

[20]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report, Report 8 of 2017, 15 August 2017, pp. 39–40.

[21]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report, Report 8 of 2017, 15 August 2017, pp. 41.

[22]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report, Report 8 of 2017, 15 August 2017, pp. 42.

[23]      Parliamentary Joint Committee on Human Rights, Human rights scrutiny report, Report 8 of 2017, 15 August 2017, pp. 43.

[24]      Explanatory Memorandum, p. 1.

[25]      Explanatory Memorandum, p. 1 and Attachment A, p. 8.

[26]      The committee's website can be found at www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs

Chapter 2 - Provisions of the bill and issues raised

[1]        Explanatory Memorandum, p. 1.

[2]         Submission 1, p. 5.

[3]        Submission 4, p. 7.

[4]        Submission 3, p. 5.

[5]        Submission 2, p. 1.

[6]        Submission 4, p. 7.

[7]        Submission 3, p. 4.

[8]        Submission 3, pp. 4–5.

[9]        Submission 3, p. 5.

[10]      Submission 1, p. 4.

[11]      Submission 3, p. 3.

[12]      Submission 3, p. 4.

[13]      Submission 4, p. 5.

[14]      Submission 4, p. 7.

[15]      Submission 4, p. 5.

[16]      Explanatory Memorandum, Attachment A, p. 5.

[17]      Submission 1, p. 5.

Australian Greens–dissenting report

[1]        Refugee Law, Submission 3, p. 3.

[2]        Refugee Law, Submission 3, p. 4.

[3]        Law Council of Australia, Submission 4, p. 7.

[4]        Refugee Law, Submission 3, p. 6. 

[5]        Law Council of Australia’s, Submission 4, p. 7.

[6]        Law Council of Australia, Submission 4, p. 7.

[7]        Refugee Law, Submission 3, p. 4. 

[8]        Refugee Law, Submission 3, p. 4.