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LEGAL AND CONSTITUTIONAL AFFAIRS REFERENCES COMMITTEE—PROPOSED REFERENCE

Senator Wright, pursuant to notice of motion not objected to as a formal motion, moved business of the Senate notice of motion no. 2—That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 27 March 2013:

The role played by the former Australian Government in Mr David Hicks' trial, treatment and detention, with particular reference to:

 (a) his transfer from the custody of Afghanistan's Northern Alliance to the United States (US) military and subsequent transfer into detention at the US Naval base at Guantanamo Bay, Cuba;

 (b) his detention, interrogation and treatment in US custody;

 (c) his 2004 charges and initial prosecution by the first US Military Commission;

 (d) his subsequent 2007 charges and plea agreement under the Military Commission Act 2006 (US);

 (e) his subsequent transfer to and incarceration in Australia;

 (f) the control order placed upon him at the time of release from prison in Australia;

 (g) whether Australia acted consistently with its obligations under international law in its dealings with the US in respect of the above matters; and

 (h) any other related matters.

Question put and negatived.

Statement by leave: Senator Wright, by leave, made a statement relating to the motion.

All Australian Greens senators, by leave, recorded their votes for the ayes.