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Senator the Hon. Eric Abetz, LP, TAS |
Senator Gary Humphries, LP, ACT |
Secretariat
Mr Phillip Bailey Acting
Secretary
Ms Julie Dennett Acting
Principal Research Officer
Ms Bronwyn Meredith Principal
Research Officer
Ms Marina Seminara Executive
Assistant
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Suite S1.61 |
Telephone: (02) 6277 3560 |
Fax: (02) 6277 5794 |
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Parliament House |
E-mail: legcon.sen@aph.gov.au |
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Recommendation 1
3.35 The Committee recommends that the Commonwealth Government review Schedule 1 of the Bill, with a view to determining whether a defence for 'reasonable excuse' should be included in proposed sections 18, 19 and 20, and report to the Parliament.
Recommendation 2
3.50 The Committee recommends that Schedule 2 of the Bill proceed.
Recommendation 3
3.116 The Committee recommends that the terms 'membership', 'associates', 'support', 'assist', 'promotes' and 'family or domestic concern' contained in Schedule 3 of the Bill be defined.
Recommendation 4
3.117 The Committee recommends that provisions relating to the presumption against bail in the Anti-Terrorism Act 2004 not apply to the proposed offence in Schedule 3.
Recommendation 5
3.118 The Committee recommends that the exemption in proposed paragraph 102.8(4)(b) of Schedule 3 of the Bill be extended to cover religious practice in places other than public places being used for religious worship.
Recommendation 6
3.119 The Committee recommends that the Commonwealth Government report to the Parliament on the types of aid contemplated by the phrase 'providing aid of a humanitarian nature' in paragraph 102.8(4)(c) of Schedule 3 of the Bill.
Recommendation 7
3.120 The Committee recommends that the exemption in proposed paragraph 102.8(4)(d) of Schedule 3 of the Bill be amended to ensure that access to legal advice required to meet the obligations and exercise the rights in broader anti-terrorism legislation is permitted.
Recommendation 8
3.121 The Committee recommends that the operation of the proposed offence in Schedule 3 of the Bill be subject to independent review after three years.
Recommendation 9
3.146 The Committee recommends that Schedule 4 of the Bill, or any other legislative or procedural arrangements relating to the transfer of prisoners which involve or impact upon the states and territories, not proceed until further consultation between the states and territories and the Commonwealth Government is pursued.
Recommendation 10
3.153 The Committee recommends that Schedule 5 of the Bill proceed.
| ADJR | Act Administrative Decisions (Judicial Review) Act 1977 |
| AFP | Australian Federal Police |
| AMCRAN | Australian Muslim Civil Rights Advocacy Network |
| ASIO | Australian Security Intelligence Organisation |
| ASIO | Act Australian Security Intelligence Organisation Act 1979 |
| Castan Centre | Castan Centre for Human Rights Law |
| Crimes Act | Crimes Act 1914 |
| Criminal Code | Criminal Code Act 1995 |
| the Department | Attorney-General's Department |
| DFAT | Department of Foreign Affairs and Trade |
| HREOC | Human Rights and Equal Opportunity Commission |
| ICCPR | International Covenant on Civil and Political Rights |
| Passports Act | Passports Act 1938 |
| PIAC | Public Interest Advocacy Centre |
| 1951 Convention | Convention Relating to the Status of Refugees |
