Footnotes

Chapter 1 - Introduction

[1]        Commissioner The Hon Terence RH Cole AO RFD QC, Report of the Inquiry into certain Australian companies in relation to the UN Oil-for-Food Programme, November 2006, at http://www.offi.gov.au/agd/WWW/unoilforfoodinquiry.nsf/Page/Report (accessed 22 June 2007).

[2]        'Australian Government response to the Report of the Inquiry into Certain Australian Companies in relation to the UN Oil-for-Food Programme', at http://www.ag.gov.au/www/agd/agd.nsf/Page/Publications_AustralianGovernmentresponsetotheReportoftheInquiryintoCertainAustralianCompaniesinrelationtotheUNOil-for-FoodProgramme (accessed 22 June 2007).

[3]        Explanatory Memorandum (EM), p. 1; The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 14 June 2007, p. 3.

[4]        OECD, Directorate for Financial and Enterprise Affairs, Australia: Phase 2, Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions, approved and adopted by the Working Group on Bribery in International Business Transactions on 4 January 2006, at http://www.oecd.org/dataoecd/57/42/35937659.pdf (accessed 18 July 2007).

[5]        Attorney-General's Department, answers to questions on notice, p. 2.

[6]        Attorney-General's Department, answers to questions on notice, p. 2.

[7]        Attorney-General's Department, answers to questions on notice, p. 2.

[8]        The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 14 June 2007, p. 4.

[9]        EM, p. 2; Committee Hansard, 17 July 2007, pp 2-3.

[10]      The Hon Philip Ruddock MP, Attorney-General, House of Representatives Hansard, 14 June 2007, p. 4.

[11]      p. 2.

Chapter 2 - Overview of the Bill

[1]        EM, p. 1.

[2]        EM, p. 4.

[3]        p. 4.

[4]        p. 5.

[5]        p. 6.

[6]        p. 7.

[7]        p. 7.

[8]        p. 8.

[9]        p. 9.

[10]      A strict liability offence is one which does not require guilty intent for its commission, but for which there is a defence if the wrongful action was based on a reasonable mistake of fact. An absolute liability offence is one which does not require a guilty intent, but for which there is no defence of a reasonable mistake of fact.

[11]      p. 9.

[12]      p. 10.

[13]      p. 10.

[14]      EM, pp 2 & 10.

Chapter 3 - Key Issues

[1]        Committee Hansard, 17 July 2007, p. 3.

[2]        Committee Hansard, 17 July 2007, pp 2-3.

[3]        Committee Hansard, 17 July 2007, p. 2.

[4]        Committee Hansard, 17 July 2007, p. 2.

[5]        Submission 1, p. 1.

[6]        Committee Hansard, 17 July 2007, p. 4.

[7]        Submission 2, p. 1.

[8]        Submission 2, p. 1.

[9]        Submission 2, p. 1.

[10]      Committee Hansard, 17 July 2007, p. 4.

[11]      Committee Hansard, 17 July 2007, p. 4.

[12]      Submission 4, p. 2.

[13]      Submission 4, p. 2.

[14]      Submission 4, p. 2.

[15]      Submission 4, p. 2.

[16]      Submission 4, p. 2.

[17]      Committee Hansard, 17 July 2007, p. 5.

[18]      Committee Hansard, 17 July 2007, p. 5.

[19]      Issued by authority of the Minister for Justice and Customs, February 2004. The committee notes that the Senate Scrutiny of Bills Committee, in its Alert Digest No. 7 of 2007 (20 June 2007), commented on several proposed provisions of the Bill. That committee accepted the explanation given in the EM for the imposition of strict liability offences in Items 16, 22 and 26 of Schedule 1 of the Bill, and accepted the abrogation of the privilege against self-incrimination in Item 26 of Schedule 1. However, it sought the Attorney-General's advice in relation to the rationale for inclusion of strict and absolute liability offences in Item 34 of Schedule 1.

[20]      Committee Hansard, 17 July 2007, p. 7.

[21]      Committee Hansard, 17 July 2007, p. 8.

[22]      Committee Hansard, 17 July 2007, pp 7-8.

[23]      Committee Hansard, 17 July 2007, p. 8.

[24]      Answers to questions on notice, p. 1.

[25]      Answers to questions on notice, p. 1.