Commonwealth of Australia Explanatory Memoranda

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REMOVAL OF RECOGNITION OF US MILITARY COMMISSIONS (DAVID HICKS) BILL 2006

                                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)

   3. 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.