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Removal of Recognition of US Military Commissions (David Hicks) Bill 2006

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2004-2005-2006

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

THE SENATE

 

 

 

 

 

 

 

 

Removal of Recognition of US Military Commissions (David Hicks) Bill 2006

 

 

 

 

 

 

 

 

Explanatory Memorandum

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by Australian Greens Senators Bob Brown and Kerry Nettle)



OUTLINE

 

The Anti-Terrorism Act 2004 amended the Proceeds of Crimes Act 2002 to include offences triable by United States Military Commissions within the definition of an offence against the law of a foreign country. As a result Australian citizen David Hicks who may face trial before a military commission is brought within the scope of the Act, limiting his capacity to publish an account of his experiences in Guantanamo Bay.

 

The amendment also gave recognition to the military commissions in Australian law.

 

This bill will remove this recognition and make clear that military commissions established by the US President, subsequently ruled unconstitutional by the US Supreme Court, and those established by the US Congress, are not recognised in the Proceeds of Crimes Act 2002 .

 

 

FINANCIAL IMPACT STATEMENT

Passage of the Bill will have no financial impact on the Commonwealth budget.



 

Removal of Recognition of US Military Commissions (David Hicks) Bill 2006

 

Part 1 - Preliminary

 

Clause 1 Short title

 

  1. This clause provides that the Act may be cited as the Removal of Recognition of US Military Commissions (David Hicks) Bill 2006

 

Clause 2 Commencement

2.       This clause provides that this Act commences on the day on which it receives the Royal Assent.

 

 

Part 2 - Amendment of the Proceeds of Crimes Act 2002 to remove recognition of US military commissions

Clause 3 Subsection 337A (3)

 

  1. This clause will repeal subsection 337A (3) of the Proceeds of Crimes Act which includes offences triable by US military commission within the definition an offence against the law of a foreign country.



    It substitutes subsection 337A (3) with a new subsection that makes clear that both the military commissions of the United States of America established by The United States Military Commissions Act 2006 or that established under a Military Order of 13 November 2001 made by the President of the United States of America are no longer to be considered within the definition of an offence against the law of a foreign country.