Footnotes - Chapter 3
[1] Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, 1990, p. 6.
[2] United Nations Economic and Social Council, Commission on Crime Prevention and Criminal Justice,
Conclusions of the Study on effective measures to prevent and control high-technology and computerrelated
crime, Vienna, 2001, p. 6.
[3] ibid., p. 7.
[4] Submissions, pp. 216-217.
[5] Attorney-General's Department, Annual Report 1999-2000, p. 73.
[6] Thomas D. and Loader B.D., eds, Cybercrime: Law enforcement, security and surveillance in the
information age, Routledge, London, 2000, p. 163.
[7] Police Commissioners' Conference Electronic Crime Project Working Party, The Virtual Horizon:
Meeting the Law Enforcement Challenges, ACPR, Payneham SA, 2000, p. 9.
[8] Attorney-General's Department, Annual Report 1999-2000, p. 70.
[9] COE, Recommendation of the Committee of Ministers to Member States Concerning Problems of
Criminal Procedure Law Connected with Information, 1995 [www.privacyinternational.org/issues/cybercrime]
[10] Submissions, p. 245.
[11] ibid., p. 169.
[12] House of Representatives, Hansard, 27 June 2001, p. 27082.
[13] ibid., p. 27081.
[14] European Commission, Creating a Safer Information Society by Improving the Security of Information
Infrastructures and Combating Computer-related Crime, Brussels, 2001, p. 15.
[15] European Commission, Creating a Safer Information Society by Improving the Security of Information
Infrastructures and Combating Computer-related Crime, Brussels, 2001, pp. 2-3.
[16] See Police Commissioners' Conference Electronic Crime Project Working Party, The Virtual Horizon:
Meeting the Law Enforcement Challenges, Payneham SA, ACPR, 2000, p. 66.
[17] Attorney-General's portfolio, Submissions, p. 227.
[18] Police Commissioners' Conference Electronic Crime Project Working Party, The Virtual Horizon:
Meeting the Law Enforcement Challenges, Payneham SA, ACPR, 2000, pp. 67-68.
[19] AUSTRAC, An Overview of Australia's Anti-money Laundering Strategy, May 2000, p. 2.
[20] FATF, The Forty Recommendations, OECD, Paris, (1990).
[21] FATF, Annual Report 1996-97, 1997, p. 13.
[22] FATF, Review to Identify Non-Cooperative Countries or Territories: Increasing the Worldwide
Effectiveness of Anti-Money Laundering Measures, June 2000.
[23] ibid., p. 12.
[24] FATF, Review to Identify Non-Cooperative Countries or Territories: Increasing the Worldwide
Effectiveness of Anti-Money Laundering Measures, June 2001, p. 4.
[25] AUSTRAC, An Overview of Australia's Anti-Money Laundering Strategy, May 2000, p. 8.
[26] Attorney-General's portfolio, Submissions, p. 230.
[27] Police Commissioners' Conference Electronic Crime Project Working Party, The Virtual Horizon:
Meeting the Law Enforcement Challenges, Payneham, SA, ACPR, 2000, p. 64.
[28] See the Committee's February 1997 report entitled Law Enforcement in Australia - An International
Perspective for a summary of the meeting with Mr Kendall. The transcript of the public hearing held
with Mr Kendall on 5 December 1996 can be accessed through the Committee's webpage at
http://www.aph.gov.au/nca.
[29] Attorney-General's portfolio, Submissions, pp. 229-230.
[30] Attorney-General's portfolio, Submissions, p. 231.
[31] Submissions, p. 245.
[32] ibid., pp.245-246.
[33] Submissions, p. 225.
[34] Attorney-General's Department, Annual Report 1999-2000, p. 200.
[35] ibid., p. 75.
[36] Submissions, p. 92
[37] Submissions, p. 141.
[38] ibid., p. 46
[39] ibid., p. 111.
[40] ibid., pp. 111-112.
[41] This is permitted under the Financial Transaction Reports Act, s.37A and subsection 27(3A).
[42] Permitted under the Telecommunications (Interception) Act 1979, paragraph 5B(h).
[43] Submissions, p. 229.
[44] Submissions, pp. 228-229
[45] ibid., pp. 169-170.
[46] United Nations Economic and Social Council, Commission on Crime Prevention and Criminal Justice,
Conclusions of the Study of effective measures to prevent and control high-technology and computerrelated
crime: Report of the Secretary-General, Tenth session, item 4, Vienna, May 2001, pp. 16-17.
[47] Submissions, p. 260.
[48] In Crime in the Digital Age: Controlling Telecommunications and Cyberspace Illegalities (reproduced in
Submissions, p. 14) Grabosky and Smith wrote: Current wisdom, in [e-commerce] as in other areas of
telecommunications-related crime, is inclined against what might be referred to as premature regulation.
Untimely regulatory intervention runs the risk of stifling innovation and product development.
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