Footnotes
[1] Explanatory memorandum, p. 2.
[2] Senate
Legal and Constitutional Legislation Committee, Provisions of the Migration Legislation Amendment Bill (No. 1) 2002,
June 2002 (2002 Report). Available at: https://www.aph.gov.au/Senate/committee/legcon_ctte/completed_inquiries/2002-04/migration_no1/report/report.pdf.
[3] 2002 Report, p. 2.
[4] 2002 Report, p. 2.
[5] EM, p. 5.
[6] EM, p. 5.
[7] EM, p. 5.
[8] S. Harris Rimmer, 'Migration Amendment (Visa
Integrity) Bill 2006', Parliamentary Library, Bills Digest No. 2, 26 July 2006
(Bills Digest), p. 7.
[9] EM, p. 6.
[10] EM, p. 6. Absolute liability as set out by
section 6.2 of the Criminal Code means that (a) there are no fault elements for
any of the physical elements of the offence; and (b) the defence of mistake of
fact under section 9.2 is unavailable.
[11] EM, p. 6.
[12] Bills Digest, p. 8.
[13] Bills Digest, p. 9.
[14] EM, pp 9-10.
[15] EM, p. 14.
[16] EM, p. 14.
[17] EM, p. 14.
[18] EM, p. 14.
[19] 2002 Report, pp. 12-13.
[20] Submission
3, p. 6.
[21] Submission
1, pp 1-2.
[22] Submission
2, p. 1.
[23] 2002 Report, p. 7.
[24] 2002 Report, p. 7.
[25] 2002 Report, p. 9.
[26] Submission
3, p. 4.
[27] Answers to Questions on Notice, 6 September 2006,
Submission 3A, p. 1.
[28] Answers to Questions on Notice, 6 September 2006,
Submission 3A, p. 1.
[29] Answers to
Questions on Notice, 6 September 2006, Submission
3A, p. 3.
[30] Excerpts taken from Ms Kaye Bernard's submission
No 169, Senate Legal and Constitutional Committees Inquiry into the Operation
and Administration of the Migration Act 1958.
[31] House of Representatives Hansard, 30 June, 1999
page 7992
[32] SRBBBB and
Minister for Immigration and Multicultural and Indigenous Affairs [2003] AATA
1066 (24 October 2003) and SRCCCC and Minister for Immigration and
Multicultural and Indigenous Affairs [2004] AATA 315 (26 March 2004)