Footnotes - Chapter 1

[1] See http://library.thinkquest.org

[2] Evidence, p. 1.

[3] Submissions, pp. 2-6.

[4] Submissions, p. 128.

[5]5 Submissions, p. 61.

[6] Australian Security Intelligence Organisation Legislation Amendment Act 1999.

[7] At Submissions, p. 190, the Attorney-General's portfolio submission stated 'The extent of crime impacting on Commonwealth interests, including serious offences, is increasing even though in numerical terms the majority of crime overall is a matter for State and Territory jurisdictions.' This is a reference to the fact that, in Australia, the most voluminous incidents of criminality such as burglary, assault, traffic offences, and the like are matters for State/Territory regulation.

[8] Evidence, p. 9A.

[9] While the Committee must, by virtue of its statutory basis, concentrate on the NCA, its comments will clearly have broad resonance across law enforcement in general.

[10] Reproduced from New South Wales Law Reform Commission, Surveillance, Issues Paper 12, May 1997, pp. 24-25. The report cited its source as: B Schurr Criminal Procedure (NSW) (Loose-leaf Service, LBC Information Services, 1996) at para 8.70.

[11] Constitution (Cth) s. 51(v).

[12] Barrett P.J., Review of the Long Term Cost Effectiveness of Telecommunications Interception, Department of Finance, March 1994.

[13] Telecommunications (Interception Act) 1979: Report for the year ending 30 June 1999, pp. 41-2.

[14] Submissions, p. 138.

[15] Telecommunications (Interception Act) 1979: Report for the year ending 30 June 2000, p. 17.

[16] NCA submission to Senate Legal and Constitutional References Committee inquiry into the management arrangements and adequacy of funding of the AFP and the NCA, February 2001, p. 27.

[17] The 1987 amendments followed a recommendation of Mr Justice Stewart's Report of the Royal Commission of Inquiry into Alleged Telephone Interceptions. The Bill was subject to review by a Joint Select Committee on Telecommunications Interception, chaired by S P Martin MP, which reported in November 1986.

[18] Attorney-General's portfolio, Submissions, p. 213.

[19] Submissions, p. 213.

[20] For the purposes of the Act the expression State includes the Northern Territory (section 5).

[21] Telecommunications (Interception) Act 1979. Report for the year ending 30 June 2000, p. 5.

[22] Submissions, p. 91.

[23] Submissions, p. 213.

[24] Confidential submission.

[25] Submissions, p. 54.

[26] Submissions, p. 154.

[27] House of Representatives, Hansard, 16 Feb 00, p. 13491.

[28] Submissions, p. 155.

[29] Evidence, p. 40.

[30] Evidence, p. 51.

[31] Submissions, p. 94.

[32] Telecommunications (Interception) and Listening Device Amendment Act 1997.

[33] Attorney-General's Department, Telecommunications Interception Policy Review, May 1999.

[34] Royal Commission into the NSW Police Service, Final Report, Volume II, as cited in Submissions, p. 96.

[35] ibid., p. 99.

[36] ibid., p. 100. [Note: While not provided as part of a submission to this inquiry, Commissioner Wood was trenchant in his criticism of the Federal Government's approach to the NSW Government's request for his Commission's direct access to TI in Chapter 1 of Volume 1 of his Final Report, Part K, pages 17-18.]

[37] Telecommunications (Interception) Act 1979: Report for the year ending 30 June 2000, p. 56.

[38] ibid., p. 57.

[39] Senate Environment, Communications, Information Technology and the Arts Legislation Committee, Supplementary Budget Estimates 2000-2001, 30 November 2000, Answer to Question on Notice No. 57.

[40] In his submission the Privacy Commissioner, Mr Malcolm Crompton, noted that these monitoring powers are in fact quite limited. See Submissions, p. 269.

[41] The AGEC is chaired by the Director of the Australian Transaction Reports and Analysis Centre, Ms Elizabeth Montano. Its membership includes representatives of the Australian Competition and Consumer Commission, Australian Centre for Policing Research, Australian Federal Police, Attorney-General's Department, Australian Customs Service, Australian Securities and Investments Commission, Australian Taxation Office, Department of Immigration and Multicultural Affairs, Director of Public Prosecutions and the National Crime Authority.

[42] Submissions, p. 147.

[43] Submissions, p. 157.

[44] Evidence, p. 5.

[45] Submissions, p. 130.

[46] Submissions, p. 109.

[47] Submissions, p. 49.

[48] The Financial Services Reform Bill 2001 was introduced into the House of Representatives on 5 April 2001. The issues foreshadowed in ASIC's submission were not included in the Bill.

[49] Submissions, p. 49.

[50] Evidence, p. 108.

[51] Evidence, p. 114.

[52] Submissions, p. 247.

[53] Submissions, p. 272.

[54] Submissions, pp. 254-256.

[55] Submissions, p. 270.

[56] Submissions, p. 256.

[57] Evidence, p. 110.

[58] Submissions, p. 214. 59 Submissions, p. 157.

[60] Submissions, p. 95.

[61] Evidence, p. 19.

[62] See Preface, Footnote 13

[63] Hon Daryl Williams MP,

[64] Submissions, p. 156.

[65] Evidence, p. 84.

[66] Submissions, p. 146.

[67] See, for example, New South Wales Law Reform Commission Issues Paper 12 entitled Surveillance, May 1997, p. 7.

[68] The Wood Royal Commission report had noted that in Bathurst City Council v Saban (1985) 2 NSWLR 704 it was held that there is no legal prohibition against the use of a video camera in a public place, to film a suspect in a criminal investigation. See Submissions, p. 104.

[69] Submissions, p. 131.

[70] Some jurisdictions have specifically legislated to regulate this aspect. Mr Nicholas Cowdery, NSW Director of Public Prosecutions, noted the passage in NSW of the Workplace Video Surveillance Act 1988. See Evidence, p. 167.

[71] See Submissions, p. 96.

[72]

Submissions, p. 131.

Submissions, p. 61.

[74] Submissions, p. 154.

[75] Australian Security Intelligence Organisation Legislation Amendment Act 1999.

[76] ASIO, Report to Parliament 1999-2000, p. 27.

[77] House of Representatives Hansard, 25 March 1999, pp. 4363-64.

78 Submissions, p. 156.

[79] Walsh, G., Review of Policy Relating to Encryption Technologies, 10 October 1996. An edited version of the Walsh Report was released to the Electronic Frontiers Australia (EFA) organisation following a freedom of information application in June 1997 and EFA published it on the Internet at www.efa.org.au.

[80] Submissions, p. 117.

[81] Submissions, p. 152.

[82] R v Nicholas [2000] VSCA 49.

[83] Submissions, p. 153.

[84] ibid.

[85] Evidence, p. 129.

[86] Evidence, pp. 167, 130.

[87] Evidence, p. 129.

[88] Submissions, p. 154.

[89] Submissions, p. 45.

[90] Senate, Hansard, 29 March 2001, p. 23361. See Measures to Combat Serious and Organised Crime Bill 2001 for details of the Government's initiatives in this respect.

[91] Submissions, p. 65.

[92] Telecommunications (Interception) Act 1979: Report for the year ending 30 June 1999, p. 42.

[93] NSW Drug Summit 1999, Communique, 21 May 1999, para 9.15.

[94] Evidence, p. 166, and Submissions, pp. 93-94.

[95] Evidence, p. 45.

[96] Submissions, p. 260.

[97] Submissions, pp. 153-54, and Evidence, pp. 130, 166.

[98] The Commonwealth Ombudsman currently oversights the use of TI by the NCA and the AFP.

[99] Submissions, p. 158.

[100] Submissions, p. 136.

[101] NCA, Annual Report 1999-2000, pp. 18-19.

[102] Submissions, p. 81.

[103] Submissions, p. 133.

[104] Specific details of CrimTrac's operations have been sourced from CrimTrac Factsheets issued by the Attorney-General's Department. See also Submissions, pp. 237-240.

[105] AAP, Launch of CrimTrac means old cases can be re-examined, 20 June 2001.

[106] The Commonwealth Crimes Amendment (Forensic Procedures) Act 2001, Act No. 22, 2001, received assent on 6 April 2001.

[107] Evidence, p. 170.

[108] Report of the Model Criminal Code Officers Committee, Model Forensic Procedures Bill and the Proposed National DNA Database, May 1999, p. 1.

[109] Evidence, p. 134.

[110] Submissions, p. 139.

[111] Evidence, p. 173.

[112] Report of the Model Criminal Code Officers Committee, Model Forensic Procedures Bill and the Proposed National DNA Database, May 1999, p. 4.

[113] Submissions, p. 91.

[114] Evidence, pp. 130, 167.

[115] Evidence, p. 162.

[116] Submissions, pp. 42-43.

[117] Evidence, pp. 21-22.

[118] Submissions, p. 198.

[119] Submissions, p. 108.

[120] Submissions, p. 159.

[121] AAP, Australia's first purpose-built e-court opens, 4 July 2001.

[122] Comprehensive details in Submissions, p. 231.

[123] Evidence, p. 7.

[124] Evidence, p. 8.

[125] Evidence, p. 9.

[126] Submissions, p. 61.

[127] Evidence, p. 86.

[128] Evidence, p. 86.

[129] Submissions, p. 149.

[130] Submissions, p. 259.

[131] Submissions, p. 267.

[132] Evidence, p. 134.

[133] In Submissions, p. 96.

[134] Submissions, p. 262.

[135] AAP, Wee Waa's DNA samples go up in smoke, 20 September 2000.

[136] Submissions, p. 71.

[137] The Victorian Government submission drew attention to its Information Privacy Bill 2000 which was to establish a similar scheme of regulation of the use of personal information in the Victorian public sector Submissions,
p. 140.

[138] Attorney-General's portfolio, Submissions, pp. 195-196.

[139] Submissions, p. 262.

[140] See Submissions, pp. 202-3 and 241 for detailed descriptions. Mrs Marion Grant, the Australian Customs Service's National Manager, Border Operations, also informed the Committee that a cargo management re-engineering process was underway to make greater use of computer applications, including artificial intelligence systems, in its dealings with importers and exporters - see Evidence, p. 54.