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Footnotes
Chapter 1 - Introduction
[1]
See, for example, Independent Reviewer of Terrorism Laws Bill 2008, Second
Reading Speech, House of Representatives Hansard, 17 March 2008, pp
1951-1952; 'Guarding us from the laws that guard us', The Age, 17 March
2008; 'Our terrorism laws need extra vigilance', Lawyers Weekly, 15
April 2008, available at http://www.lawyersweekly.com.au/articles/Our-terrorism-laws-need-extra-vigilance_z169950.htm
(accessed 9 September 2008).
[2]
Senator Troeth, Senate Hansard, 23 June 2008, p. 3040.
[3]
Senator Troeth, Senate Hansard, 23 June 2008, p. 3039.
[4]
Report of the Security Legislation Review Committee, June 2006,
p. 6, available at http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(03995EABC73F94816C2AF4AA2645824B)~SLRC+Report-+Version+for+15+June+2006[1].pdf/$file/SLRC+Report-+Version+for+15+June+2006[1].pdf
(accessed 9 September 2008).
[5]
Parliamentary Joint Committee on Intelligence and Security, Review of
Security and Counter Terrorism Legislation, December 2006, p. 22, available
at http://www.aph.gov.au/house/committee/pjcis/securityleg/report/report.pdf
(accessed 9 September 2008); Parliamentary Joint Committee on Intelligence and
Security, Inquiry into the proscription of 'terrorist organisations' under
the Australian Criminal Code, September 2007, p. 53, available at http://www.aph.gov.au/house/committee/pjcis/proscription/report/report.pdf
(accessed 9 September 2008).
[6]
Senator Troeth, Senate Hansard, 23 June 2008, p. 3039.
[7]
Senator Troeth, Senate Hansard, 23 June 2008, p. 3040.
Chapter 2 - Overview of the Bill
[1] Note that a reference to any 'person' or 'property'
is a reference to any person or property wherever situated, within or outside Australia;
and a reference to 'the public' includes a reference to the public of a country
other than Australia.
[2] On 4 September 2008, the Human Rights and Equal
Opportunity Commission changed its name to the Australian Human Rights
Commission.
Chapter 3 - Key issues
[1]
Law Council of Australia, Submission 15, p. 3.
[2]
Gilbert and Tobin Centre of Public Law, Submission 4, p. 2.
[3]
Law Council of Australia, Submission 15, p. 4.
[4]
Gilbert and Tobin Centre of Public Law, Submission 4, p. 2.
[5]
Law Council of Australia, Submission 15, p. 6.
[6]
Gilbert and Tobin Centre of Public Law, Submission 4, p. 2.
[7]
Public Interest Law Clearing House, Submission 10, p. 4.
[8]
Gilbert and Tobin Centre of Public Law, Submission 4, p. 2.
[9]
Commonwealth Ombudsman, Submission 12, p. 2; Inspector-General of
Intelligence and Security, Submission 13, p. 1.
[10]
New South Wales Council for Civil Liberties, Submission 7, pp 1–2.
[11]
Federation of Community Legal Centres of Victoria, Submission 20,
p. 4.
[12]
The lack of practical detail was raised by Professor John McMillan,
Commonwealth Ombudsman, Submission 12, p. 4.
[13]
Sections 4, 5, 8, 9, 9A, 9B, 17, 18, 19, 19A, 26, 27, 28, 29, 30, 32, 33
and 35.
[14]
These include provisions of the Customs Act 1901 (Cth) and the
Criminal Code. Please see Castan Centre for Human Rights Law, Submission
14, pp 1–3.
[15]
Inspector-General of Intelligence and Security, Submission 13, p.
5; and see, for example, Public Interest Law Clearing House, Submission 10,
p. 5.
[16]
Attorney-General's Department, Answers to questions on notice, received 24 September 2008, p. 2.
[17]
Public Interest Law Clearing House, Submission 10, Annexure 1.
[18]
Inspector-General of Intelligence and Security, Submission 13, p.
6.
[19]
Law Council of Australia, Submission 15, p. 14. See also, for
example, Office of the Privacy Commissioner, Submission 6, p. 3; Public
Interest Law Clearing House, Submission 10, p. 5.
[20]
Gilbert and Tobin Centre of Public Law, Submission 4, p. 4.
[21]
See, for example, Office of the Privacy Commissioner, Submission 6,
p. 4; Australian Human Rights Commission, Submission 9, p. 3; Australian
Lawyers for Human Rights, Submission 18, p. 6.
[22]
Public Interest Law Clearing House, Submission 10, p. 23.
[23]
Gilbert and Tobin Centre of Public Law, Submission 4, p. 4.
[24]
Submission 14, pp 3–4.
[25]
Submission 5, p. 1.
[26]
Submission 21, p. 2.
[27]
Public Interest Law Clearing House, Submission 10, p. 4.
[28]
Australian Lawyers Alliance, Submission 19, p. 5.
[29]
Submission 9, p. 3.
[30]
Sydney Centre for International Law, Submission 21, p. 3.
[31]
Federation of Community Legal Centres of Victoria, Submission 20,
p. 6.
[32]
Submission 9, p. 7. See also, for example, Victorian Council for
Civil Liberties, Submission 16, p. 1.
[33]
Sydney Centre for International Law, Submission 21, p. 4.
[34]
Submission 20, p. 8.
[35]
Public Interest Law Clearing House, Submission 10, p. 26.
[36]
Law Council of Australia, Submission 15, p. 14.
[37]
Law Council of Australia, Submission 15, p. 14., drawn from C
Walker, 'The United Kingdom's Anti-terrorism Laws' in Andrew Lynch, Edwina
MacDonald and George Williams (eds) Law and Liberty in the War on Terror,
The Federation press, Sydney, October 2007, p. 189.
[38]
Independent Reviewer of Terrorism Laws Bill 2008 (Cth), sub-clause
11(2),.Clause 8.
[39]
Independent Reviewer of Terrorism Laws Bill 2008 (Cth), sub-clause 11(2).
[40]
Gilbert and Tobin Centre of Public Law, Submission 4, p. 6.
[41]
See, for example, Law Council of Australia, Submission 15, p. 15; Gilbert
and Tobin Centre of Public Law, p. 7; Civil Rights Defence, Submission 2,
p. 2; Australian Lawyers for Human Rights, Submission 18, p. 6;
Australian Lawyers Alliance, Submission 19, p. 5.
[42]
Law Council of Australia, Submission 15, p. 15.
[43]
Gilbert and Tobin Centre of Public Law, Submission 4, p. 7.
[44]
Law Council of Australia, Submission 15, p. 15.
[45]
See, for example, Gilbert and Tobin Centre of Public Law, Submission 4,
p. 7;
[46]
See, for example, Federation of Community Legal Centres of Victoria, Submission
20, p. 5.
[47]
Commonwealth Ombudsman, Submission 12, p. 4.
[48]
Inspector-General of Intelligence and Security, Submission 13, p.
5.
[49]
Andrew Lynch, 'Legislative tightrope needs constant review', Australian
Financial Review, 19 September 2008.
[50]
Submission 9, p. 7. See also, for example, Victorian Council for
Civil Liberties, Submission 16, p. 1. The committee also notes an apparent
error in drafting of proposed sub-sections 10(3) and (4), which would currently
see original documents held by the IR compulsorily destroyed after 6
months.
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