Footnotes
[1] Part 2 of Schedule 1 of the Bill makes a number of
consequential amendments to the Crimes
Act 1914 and the Customs Act 1901.
[2] See further: Model Criminal Code Officers
Committee of the Standing Committee of Attorneys‑General, Model Criminal Code Chapter 6 Serious Drug
Offences Report, October 1998 (MCCOC report).
[3] Explanatory
Memorandum, p. 6.
[4] Explanatory
Memorandum, p. 1.
[5] Explanatory
Memorandum, p. 1; see also Attorney-General's Department, Committee Hansard, 3 August 2005, p. 13;
and Submission 13, pp 7-9. The possession offences in proposed sections 308.1 and
308.2 of the Bill also have no corresponding offences in the Model Criminal
Code: see Submission 13, p. 8.
[6] Explanatory
Memorandum, p. 2.
[7] Explanatory
Memorandum, p. 1.
[8] Explanatory
Memorandum, p. 13.
[9] Explanatory
Memorandum, pp 13-16.
[10] The term 'traffics' is defined broadly in
proposed section 302.1 to include conduct extending beyond sale to the
ancillary activities of transport and delivery, as well as preparatory conduct
such as preparation for supply, packaging, and possession with the intention of
selling a drug.
[11] Explanatory
Memorandum, p. 20.
[12] Explanatory
Memorandum, p. 21.
[13] Explanatory
Memorandum, p. 21; see also Attorney-General's Department, Committee Hansard, 3 August 2005, p. 23.
[14] 'Trafficable quantity' is defined in section
300.2 and is prescribed in relation to a range of controlled drugs and plants
in proposed Division 314.
[15] Note that similar presumptions relating to 'trafficable
quantity' are contained in other offences in the Bill: see, for example, proposed
sections 303.7; 305.6 and 309.5.
[16] Explanatory
Memorandum, p. 24.
[17] Explanatory
Memorandum, p. 30.
[18] Explanatory
Memorandum, pp 29-30.
[19] 'Manufacture' and associated terms are defined in
proposed sections 305.1 and 305.2.
[20] Explanatory
Memorandum, p. 32.
[21] Explanatory
Memorandum, p. 37.
[22] Explanatory
Memorandum, p. 37.
[23] Explanatory
Memorandum, p. 37.
[24] Proposed Part 3 of Schedule 1 of the Bill repeals
existing offences in the Customs Act.
[25] Explanatory
Memorandum, p. 46; also Attorney-General's Department, Submission 13, pp 4-5.
[26] Explanatory
Memorandum, p. 45.
[27] Explanatory
Memorandum, pp 45-46.
[28] Explanatory
Memorandum, p. 46.
[29] Explanatory
Memorandum, p. 45.
[30] Explanatory
Memorandum, pp 45 and 57.
[31] Explanatory
Memorandum, pp 45 and 57.
[32] A child is defined as an individual under 18
years of age: proposed section 300.2.
[33] Explanatory
Memorandum, p. 63.
[34] Explanatory
Memorandum, p. 64.
[35] Explanatory
Memorandum, p. 77.
[36] Explanatory
Memorandum, p. 77.
[37] Explanatory
Memorandum, p. 83.
[38] Explanatory
Memorandum, p. 99.
[39] Explanatory
Memorandum, p. 104. Note that there are some minor technical differences
between the lists prescribed under the Customs Act and the lists in the Bill.
These differences were explained by the Attorney-General's Department: see Submission 13, pp 3-6.
[40] Explanatory
Memorandum, p. 104.
[41] Explanatory
Memorandum, p. 104.
[42] Explanatory
Memorandum, p. 103.
[43] Explanatory
Memorandum, p. 104; see also Attorney-General's Department, Submission 13, pp 1-2.
[44] This section draws on pp 3-4 and pp 117-124 of
the Explanatory Memorandum.
[45] Explanatory
Memorandum, p. 117.
[46] Explanatory
Memorandum, p. 122.
[47] Explanatory
Memorandum, p. 3.
[48] See further
Explanatory Memorandum, pp 123-124.
[49] Note that unless otherwise stated, references in
this report to proposed sections or divisions of the Bill are to those sections
or divisions in Part 1 of Schedule 1 of the Bill.
[50] See, for example, Australian National Council on
Drugs, Submission 1; Queensland Police Service, Submission 2; Commonwealth Director of Public Prosecutions, Submission 3; Dr Gregor Urbas, Submission
4; Australian Customs Service, Submission 9; Drug Free Australia, Submission
12.
[51] Submission
8.
[52] See, for example, Western Australia Police (WA
Police), Submission 5; FFDLR, Submission 8,
pp 21-23.
[53] The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 26 May
2005, p. 6; see also Attorney-General's Department, Committee Hansard, 3 August 2005, p. 14.
[54] Submission
1, p. 1.
[55] Submission
1, p. 1.
[56] Submission
4, p. 1.
[57] Submission
4, p. 5.
[58] Submission
2, p. 1.
[59] Submission
2, p. 1.
[60] Submission
7, p. 1; see also WA Police, Submission 5, p. 2.
[61] Committee
Hansard, 3 August 2005, p. 8; see also Submission
8, p. 21.
[62] Submission
8, pp 22-23; see also Committee Hansard, 3 August 2005, pp
11-12.
[63] Committee
Hansard, 3 August 2005, p. 11; see also Submission
8, p. 21.
[64] Submission
5, p. 1.
[65] Submission
5, p. 2.
[66] Submission
11, p. 1.
[67] Submission
11, p. 3.
[68] Committee
Hansard, 3 August 2005, p. 13.
[69] Committee
Hansard, 3 August 2005, p. 13.
[70] Submission
3, p. 1.
[71] Submission
3, p. 2; see also DPP, Committee Hansard, 3 August 2005, pp 14
and 23.
[72] Submission
3, p. 1.
[73] The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 26 May 2005,
p. 6.
[74] See, for example, proposed ss. 302.5, 303.7,
305.6 and 309.5 as outlined in chapter 2 of this report.
[75] Submission
10, p. 3; see also proposed ss. 306.6,
306.7, 306.8, 307.14(1) and 307.14(3).
[76] See, for example, proposed ss. 302.2(3),
302.3(3), 303.4(3), 303.5(3), 304.1(3), 304.2(3), 305.3(3), 305.4(3), 306.2(3),
306.3(3) as outlined in chapter 2 of this report.
[77] Submission
10, p. 3; Committee Hansard, 3 August 2005, p. 3.
[78] Submission
10, p. 4.
[79] Submission
10, p. 4.
[80] Committee
Hansard, 3 August 2005, p. 4.
[81] See discussion of proposed Division 307 in chapter
2 of this report; Explanatory Memorandum,
pp 46 and 52.
[82] Submission
8, p. 4.
[83] Submission
3, pp 3-4.
[84] Submission
8, p. 5.
[85] Explanatory
Memorandum, p. 29; and Submission 8,
pp 5-6.
[86] Submission
8, pp 5-6.
[87] Submission
3, p. 2.
[88] Submission
3, p. 2.
[89] Committee
Hansard, 3 August 2005, p. 7.
[90] Committee
Hansard, 3 August 2005, p. 9.
[91] Committee
Hansard, 3 August 2005, p. 21.
[92] Submission
7, p. 1.
[93] Submission
11, p. 2.
[94] Submission
4, p. 5.
[95] Submission
4, p. 2.
[96] Submission
4, p. 4.
[97] Submission
4, p. 4.
[98] Submission
10, pp 4-5; see also Mr John North,
Law Council, Committee Hansard, 3 August 2005,
p. 3.
[99] Submission
10, p. 5.
[100] Submission
10, p. 5.
[101] Committee
Hansard, 3 August 2005, pp 13 and 14.
[102] Committee
Hansard, 3 August 2005, p. 14.
[103] Committee
Hansard, 3 August 2005, 13.
[104] Submission
3, p. 4.
[105] Committee
Hansard, 3 August 2005, p. 2; see also Law Council, Submission 10¸ p. 2.
[106] Submission
10, p. 2.
[107] Committee
Hansard, 3 August 2005, p. 2; see also Law Council, Submission 10¸ p. 2.
[108] Committee
Hansard, 3 August 2005, p. 4.
[109] Committee
Hansard, 3 August 2005, p. 18.
[110] Committee
Hansard, 3 August 2005, pp 18-19.
[111] Committee
Hansard, 3 August 2005, p. 18.
[112] Submission
13, p. 6; see also proposed ss.
301.3(3) and 301.4(3).
[113] Submission
10, p. 6.
[114] Submission
10, p. 6.
[115] Committee
Hansard, 3 August 2005, p. 3.
[116] Submission
10, p. 7.
[117] Submission
10, p. 7.
[118] Submission
10, p. 7.
[119] Submission
3, pp 2-3.
[120] Committee
Hansard, 3 August 2005, p. 24.
[121] See also DPP, Committee Hansard, 3 August 2005, p. 24.
[122] DPP, Submission
3, pp 3-6; Customs, Submission 9, p. 3.
[123] Submission
9, p. 3.
[124] Submission
9, p. 3.
[125] Submission
9, pp 2, 4-6; see also Committee Hansard, 3 August 2005, p. 24.
[126] Submission
9, p. 4.
[127] Submission
8, p. 3.
[128] Submission
5, p. 2.
[129] Explanatory
Memorandum, p. 98.
[130] Submission
8, p. 5.
[131] Submission
8, p. 5; see also Mr Bill Bush, Committee Hansard, 3 August 2005, p. 11.
[132] Committee
Hansard, 3 August 2005, p. 21.
[133] Submission
8, p. 5; see also Mr Bill Bush, Committee Hansard, 3 August 2005, p. 11.
[134] Submission
3, pp 6-7.
[135] Explanatory
Memorandum, p. 84.
[136] Submission
3, p. 6.
[137] Submission
11, p. 2.
[138] Explanatory
Memorandum, p. 85.
[139] Submission
10, p. 6; see also Mr John North, Law
Council, Committee Hansard, 3 August
2005, p. 3.
[140] Submission
8, p. 8; see also MCCOC report, p.
191.
[141] Submission
8, pp 8-9. Note that the FFDLR's
first preference was for this proposed offence to be omitted from the Bill
altogether.
[142] Explanatory
Memorandum, p. 83.
[143] MCCOC report, p. 193.
[144] See, for example, WA Government, Submission 11, p. 3; Law Council, Submission
10, p. 5.
[145] Submission
11, p. 3.
[146] Submission
5, p. 3; see also WA Government, Submission 11, p. 3.
[147] The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 26 May
2005, p. 6.
[148] Submission
8, p. 12.
[149] Submission
8, p. 10.
[150] Submission
8, p. 11.
[151] Submission
8, p. 10.
[152] Committee
Hansard, 3 August 2005, p. 8.
[153] Submission
5, p. 3; see also Queensland Police
Service, Submission 2, p. 1.
[154] Submission
5, p. 3.
[155] Submission
11, p. 3.
[156] Submission
11, p. 3.
[157] Mr Brian McConnell, Committee Hansard, 3 August 2005, p. 8; Submission 8, p. 1.
[158] Submission
2, p. 1.
[159] Submission
13, pp 10-11.
[160] Submission
13, pp 10-11; see also Committee Hansard, 3 August 2005, p. 22.
[161] Submission
13, p. 10.
[162] See para 2.44 of chapter 2; and Explanatory Memorandum, pp 103-104.
[163] Submission
13, p. 11.
[164] Queensland Police Service, Submission 2; South
Australia Police, Submission 7; WA
Government, Submission 11; cf WA Police, Submission 5.
[165] Submission
8, p. 1; see also Mr Brian McConnell,
Committee Hansard, 3 August 2005, p.
8.
[166] Submission
12, p. 3.
[167] Submission
12, p. 1.
[168] Submission
8, p. 2.
[169] Committee
Hansard, 3 August 2005, p. 8. As noted in chapter 2, the possession
offences in proposed ss. 308.1 and 308.2 of the Bill have no corresponding
offences in the Model Criminal Code: see Submission
13, p. 8.
[170] Committee
Hansard, 3 August 2005, p. 8; see also Submission
8, p. 7.
[171] Submission
8, p. 4.
[172] Submission
8, p. 4.
[173] Mr Brian McConnell, Committee Hansard, 3 August 2005, p. 9.
[174] Submission
8, pp 2 and 4-6.
[175] Submission
12, p. 5.
[176] MCCOC report, pp 10-11.
[177] Committee
Hansard, 3 August 2005, p. 10.
[178] Committee
Hansard, 3 August 2005, p. 11.
[179] Committee
Hansard, 3 August 2005, p. 21.
[180] Committee
Hansard, 3 August 2005, p. 20.
[181] The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 26 May 2005,
p. 6.
[182] Mr Brian McConnell, Committee Hansard, 3 August 2005, pp 8-9; and Submission 8, pp 13-21.
[183] Submission
8, p. 15.
[184] Submission
8, p. 15.
[185] Submission
8, p. 17.
[186] Submission
8, pp 17-21.
[187] Submission
12, p. 5.
[188] Submission
3, p. 1.
[189] Submission 11, p. 3.
[190] Submission
10, p. 8.
[191] Mr John North, Committee Hansard, 3 August 2005, p. 3; Submission 10, p. 8.
[192] See further: "Nine Aussies face death over
Bali drug bust" The Australian,
19 April 2005, p. 1; "Australia to hand over Bali 9 evidence", Sydney Morning Herald, 25 April 2005, p.
1.
[193] Committee
Hansard, 3 August 2005, pp 4 and 6.
[194] Committee
Hansard, 3 August 2005, p. 6.
[195] Committee
Hansard, 3 August 2005, p. 14.
[196] The AFP
Practical Guide on International Police to Police Assistance in Death Penalty
Charge Situations, Tabled Document No. 6, Senate Legal and Constitutional
Legislation Committee Budget Estimates 2005-2006, 24 May 2005.
[197] See also, AFP, Committee Hansard, 3 August 2005, p. 15.
[198] See s. 8, Mutual
Assistance in Criminal Matters Act 1987. Special circumstances include
where the evidence would assist the defence or where the foreign country
undertakes not to impose or carry out the death penalty.
[199] See also Attorney-General's Department, Estimates Hansard, 23 May 2005,
p. 105; Attorney-General's Department and AFP, Estimates Hansard, 23 May 2005, pp 42-43.
[200] Submission
10, p. 7.
[201] Submission
9, p. 8.
[202] Committee
Hansard, 3 August 2005, p. 17.
[203] Committee
Hansard, 3 August 2005, p. 17.
[204] s. 219ZJC(3).
[205] Submission
6, p. 1; see also Joint Standing
Committee on Treaties, Review of treaties
tabled on 7 December 2004, Report 63,
Chapter 8.
[206] Submission
6, p. 1.