Footnotes

Footnotes

CHAPTER 1 - Introduction and background

[1]        Votes and Proceedings, No. 107, 19 March 2015, p. 1211.

[2]        Journals of the Senate, No. 94, 14 May 2015, pp 2598–2599.

[3]        Journals of the Senate, No. 94, 14 May 2015, pp 2598–2599.

[4]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], December 2013.

[5]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2014
[No. 2]
, p. i.

[6]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2014
[No. 2]
, pp. i, 2 and 11.

[7]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2014
[No. 2]
, p. ii.

[8]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2014
[No. 2]
, p. xviii.

[9]        Explanatory memorandum, Fair Work (Registered Organisations) Amendment Bill 2014
[No. 2]
, p. xxvi.

CHAPTER 2 - Key issues

[1]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], December 2013, pp 10-11.

[2]        Proposed subsection 293C(1).

[3]        Department of Employment, Submission 2, p. 3.

[4]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], December 2013, p. 11.

[5]        Proposed subparagraphs 293C(4)(a)(i) and (ii).

[6]        Department of Employment, Submission 2, p. 3.

[7]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], December 2013, p. 11.

[8]        Proposed subsections 293G(5A) and (5B).

[9]        Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], December 2013, p. 13.

[10]      Proposed subsection 293M(2).

[11]      Australian Mines and Metals Association, Submission 10, p. 1.

[12]      Chamber of Commerce and Industry of Western Australia, Submission 3, p. 1.

[13]      Interim Report of the Royal Commission into Trade Union Governance and Corruption, p. 56.

[14]      [2014] FCA 970.

[15]      Department of Employment, Submission 2, p. 6.

[16]      Department of Employment, Submission 2, p. 1.

[17]      Unions NSW, Submission 7.

[18]      Victorian Automobile Chamber of Commerce, Submission 5, p. 4.

[19]      Chamber of Commerce and Industry of Western Australia, Submission 3.

[20]      Australian Industry Group, Submission 4, p. 4.

[21]      Australian Chamber of Commerce and Industry, Submission 8, p. 8.

[22]      Master Plumbers Association of NSW, Submission 6, p. 3.

[23]      Victorian Automobile Chamber of Commerce, Submission 5, p. 4.

[24]      Australian Council of Trade Unions, Submission 1, p. 10.

[25]      Senate Education and Employment Legislation Committee, Fair Work (Registered Organisations) Amendment Bill 2013 [Provisions], December 2013, p. 15.

LABOR SENATORS’ DISSENTING REPORT - Key Issues

[1] Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 9 of 2013

[2] Ibid., p. 22

[3]        Senate Standing Committee for the Scrutiny of Bills, Fifth Report of 2015, 13 May 2015,
pp 343–354.

[4]        Senate Standing Committee for the Scrutiny of Bills, Fifth Report of 2015, 13 May 2015,
p. 343.

[5]        Parliamentary Joint Committee on Human Rights, Twenty-second report of the 44th Parliament: Human rights scrutiny report, 13 May 2015, pp 47–52.

[6]        Proposed new section 337AC(2) provides a defence 'if it is proved that the defendant intended neither to defeat the purposes of the investigation, nor to delay or obstruct the investigation, or any proposed investigation' (emphasis added); the onus is placed on the defendant to prove that they did not possess the requisite intention, rather than on the prosecution to prove that they did.

[7]        Parliamentary Joint Committee on Human Rights, Twenty-second report of the 44th Parliament: Human rights scrutiny report, 13 May 2015, pp 50–52.