Footnotes
Chapter 1 - Introduction and background
[1]
House of Representatives, Votes and Proceedings, No. 162, 26
November 2015, p. 1749.
[2]
House of Representatives, Votes and Proceedings, No. 166, 3
December 2015, p. 1805.
[3]
Journals of the Senate, No.134, 3 December 2015, pp 3624, 3626.
[4]
Explanatory Memorandum, p. 2.
[5]
The Hon Michael Keenan MP, Minister for Justice and Minister Assisting
the Prime Minister on Counter-Terrorism, Second Reading Speech, House of
Representatives Hansard, 26 November 2015, p. 5.
[6]
Explanatory Memorandum, p. 2.
[7]
Commissioner of the Australian Federal Police v Zhao [2015] HCA
5.
[8]
Explanatory Memorandum, p. 28.
[9]
Explanatory Memorandum, p. 29.
[10]
Organisation for Economic Cooperation and Development, Convention on
Combating Bribery of Foreign Public Officials in International Business
Transactions, [1999] ATS 21, entry into force for Australia and generally
17 December 1999.
[11]
Explanatory Memorandum, pp 31-32.
[12]
Item 2 of Schedule 1 inserts a definition of 'accounting document' into
the Dictionary of the Criminal Code.
[13]
Explanatory Memorandum, p. 13.
[14]
Explanatory Memorandum, p. 42.
[15]
Explanatory Memorandum, p. 43.
[16]
Beqiri v R (2013) 37 VR 219, cited in the Explanatory Memorandum,
p. 14.
[17]
Anti-Money Laundering and Counter-Terrorism Financing Act 2006,
Part 16.
[18]
Section 6 of the AML/CTF Act lists providers of designated services.
[19]
It is noted that this prohibition does not apply to the AUSTRAC CEO.
[20]
Explanatory Memorandum, p. 45.
[21]
Explanatory Memorandum, p. 5.
[22]
Explanatory Memorandum, p. 46.
[23]
Explanatory Memorandum, p. 48.
[24]
Explanatory Memorandum, pp 6-7, 48.
[25]
Senate Standing Committee for the Scrutiny of Bills, Alert Digest No.14
of 2015, 2 December 2015, pp 3-6. Tabled per Journals of the
Senate, No.133, 2 December 2015, p. 3594.
[26]
Senate Standing Committee for the Scrutiny of Bills, Alert Digest No.14
of 2015, 2 December 2015, p. 5.
[27]
Senate Standing Committee for the Scrutiny of Bills, Alert Digest No.14
of 2015, 2 December 2015, pp 5-6.
[28]
Senate Standing Committee for the Scrutiny of Bills, Alert Digest No.14
of 2015, 2 December 2015, p. 4.
Chapter 2 - Key issues and committee views
[1]
Australian Human Rights Commission, Submission 2, pp 4-5; Law
Council of Australia, Submission 3, pp 6-9; Families and Friends for
Drug Law Reform, Submission 8, pp 4-6; The Victorian Bar and Criminal
Bar Association, Submission 10, pp 4-5; NSW Council for Civil Liberties,
Submission 11, pp 1-4.
[2]
The AHRC advised that the right to a fair trial is guaranteed by Article
14 of the International Covenant on Civil and Political Rights (ICCPR), and is
a fundamental element of Australia's criminal justice system: Australian Human
Rights Commissions, Submission 2, p. 4.
[3]
Law Council of Australia, Submission 3, pp 6-7.
[4]
Australian Human Rights Commissions, Submission 2, p. 7; NSW
Council for Civil Liberties, Submission 11, p. 2.
[5]
Australian Human Rights Commission, Submission 2, p. 7.
[6]
Australian Human Rights Commission, Submission 2, p. 8.
[7]
Law Council of Australia, Submission 3, p. 9.
[8]
The Victorian Bar and Criminal Bar Association, Submission 10, p.
5.
[9]
Families and Friends for Drug Law Reform, Submission 8, p. 3.
[10]
Australian Human Rights Commission, Submission 2, p. 8 (emphasis
added).
[11]
Australian Human Rights Commission, Submission 2, pp 8-9.
[12]
Attorney-General's Department, Submission 12, p. 6.
[13]
Attorney-General's Department, Submission 12, p. 3.
[14]
Attorney-General's Department, Submission 12, p. 4.
[15]
Attorney-General's Department, Submission 12, p. 6.
[16]
Australian Human Rights Commission, Submission 2, p. 9.
[17]
NSW Council for Civil Liberties, Submission 11, pp 3-4.
[18]
Australian Human Rights Commission, Submission 2, p. 9; NSW Council
for Civil Liberties, Submission 11, pp 4-5.
[19]
Families and Friends for Drug Law Reform, Submission 8, p. 4.
[20]
The Victorian Bar and Criminal Bar Association, Submission 10, p. 5;
NSW Council for Civil Liberties, Submission 11, p. 5.
[21]
Law Council of Australia, Submission 3, p. 6.
[22]
Law Council of Australia, Submission 3, p. 7.
[23]
Attorney-General's Department, Submission 12, pp 2-3.
[24]
Attorney-General's Department, Submission 12, p. 5.
[25]
Attorney-General's Department, Submission 12, p. 6.
[26]
Attorney-General's Department, Submission 12, p. 5.
[27]
Law Council of Australia, Submission 3, p. 8.
[28]
NSW Council for Civil Liberties, Submission 11, pp 5-6 (internal
references omitted).
[29]
The Victorian Bar and Criminal Bar Association, Submission 10, p.
4.
[30]
The Victorian Bar and Criminal Bar Association, Submission 10, pp
3-4.
[31]
Explanatory Memorandum, p. 27.
[32]
Australian Human Rights Commission, Submission 2, p. 7.
[33]
Law Council of Australia, Submission 3, p. 5.
[34]
Law Council of Australia, Submission 3, pp 5-6.
[35]
Law Council of Australia, Submission 3, p. 6.
[36]
Law Council of Australia, Submission 3, p. 9.
[37]
Attorney-General's Department, Submission 12, pp 5-6.
[38]
Families and Friends for Drug Law Reform, Submission 8, p. 7.
[39]
Families and Friends for Drug Law Reform, Submission 8, pp 15-16.
[40]
Police Federation of Australia, Submission 4; Justice and
International Mission Unit, Synod of Victoria and Tasmania, Uniting Church in
Australia, Submission 5; Director of Public Prosecutions, State of
Victoria, Submission 6.
[41]
Justice and International Mission Unit, Synod of Victoria and Tasmania,
Uniting Church in Australia, Submission 5, p. 2.
[42]
Justice and International Mission Unit, Synod of Victoria and Tasmania,
Uniting Church in Australia, Submission 5, p. 4.
[43]
Justice and International Mission Unit, Synod of Victoria and Tasmania,
Uniting Church in Australia, Submission 5, p. 5.
[44]
Attorney-General's Department, Submission 12, p. 2.
[45]
Attorney-General's Department, Submission 12, p. 3.
[46]
Law Council of Australia, Submission 3, pp 10-11; Johnson Winter
& Slattery Lawyers, Submission 7, pp 1-2.
[47]
Australian Securities and Investments Commission, Submission 1.
[48]
Justice and International Mission Unit, Synod of Victoria and Tasmania,
Uniting Church in Australia, Submission 5, pp 5-9.
[49]
Law Council of Australia, Submission 3, pp 10-11; Johnson Winter
& Slattery Lawyers, Submission 7, p. 2.
[50]
Johnson Winter & Slattery Lawyers, Submission 7, p. 2.
[51]
Australian Securities and Investments Commission, Submission 1, pp
1-2.
[52]
Justice and International Mission Unit, Synod of Victoria and Tasmania,
Uniting Church in Australia, Submission 5, pp 8-9.
[53]
Attorney-General's Department, Submission 12, p. 10.
[54]
Attorney-General's Department, Submission 12, p. 8.
[55]
Law Council of Australia, Submission 3, p. 11.
[56]
Johnson Winter & Slattery Lawyers, Submission 7, p. 2.
[57]
Australian Securities and Investments Commission, Submission 1, p.
2.
[58]
Justice and International Mission Unit, Synod of Victoria and Tasmania,
Uniting Church in Australia, Submission 5, p. 9.
[59]
Justice and International Mission Unit, Synod of Victoria and Tasmania,
Uniting Church in Australia, Submission 5, pp 8-9.
[60]
Attorney-General's Department, Submission 12, p. 7.
[61]
Attorney-General's Department, Submission 12, p. 8.
[62]
Attorney-General's Department, Submission 12, p. 10.
[63]
Attorney-General's Department, Submission 12, p. 9.
[64]
Law Council of Australia, Submission 3, p. 11.
[65]
Justice and International Mission Unit, Synod of Victoria and Tasmania,
Uniting Church in Australia, Submission 5, p. 9.
[66]
Attorney-General's Department, Submission 12, p. 12.
[67]
Law Council of Australia, Submission 3, pp 11-12.
[68]
Attorney-General's Department, Submission 12, p. 12.
[69]
Attorney-General's Department, Submission 12, p. 12.
[70]
Department of Immigration and Border Protection, Submission 9, p.
2.