[AusNOG] Assistance and Access Bill moves to PJCIS

trs80 at ucc.gu.uwa.edu.au trs80 at ucc.gu.uwa.edu.au
Tue Sep 25 13:51:25 EST 2018


On Tue, 25 Sep 2018, Paul Wilkins wrote:

> Australia is bound under international law against arbitrary or unlawful incursions of the right to privacy. That's black letter
> law.

We are also bound under international law the 1951 Refugee Convention. The 
Australian government removed references to the convention from the laws 
of Australia, so the courts can no longer enforce it. See also this great 
quote:

The Court held that Australian courts are bound to apply Australian 
statute law “even if that law should violate a rule of international law.”

http://ilareporter.org.au/2018/04/australias-disengagement-from-international-refugee-law-the-principle-of-non-refoulement-and-the-doctrine-of-jurisdiction-sophie-capicchiano-young/
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2015/1.html p462

So as Mark said, these international "laws" mean nothing here unless 
enacted by the Australian parliament. And specific bills, like the 
Assistance and Access Bill can override them at will.

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