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Wednesday, 13 June 2007
Page: 202

Senator Allison asked the Minister representing the Attorney-General, upon notice, on 3 May 2007:

With reference to a statement by the Secretary of the department, during the additional estimates hearings of the Legal and Constitutional Affairs Committee on 13 February 2007, in relation to a question on the repatriation of Mr David Hicks to Australia, that ‘there was an arrangement reached in relation to the former military commission arrangements. Now that they have changed, that agreement needs to be slightly redrafted’:

(1)   What adjustments need to be made to the agreement.

(2)   When will these adjustments be finalised.

(3)   Why has the agreement not been made public.

Senator Johnston (Minister for Justice and Customs) —The Attorney-General has provided the following answer to the honourable senator’s question:

(1)   The adjustments to the Arrangement between the Governments of the United States of America and Australia on the Transfer of Persons Sentenced by a Military Commission (the Arrangement) were necessary because of the revised constitution of the Military Commission following the US Supreme Court’s decision in Hamdan v Rumsfeld. Accordingly, the adjustments made were to the titles and definitions section of the Arrangement to ensure that the Military Commission was accurately described.

(2)   The revised Arrangement was signed on 23 March 2007.

(3)   The full text of the Arrangement is included in the International Transfer of Prisoners (Military Commission of the United States of America) Regulations 2007. The regulations are available on