See QuickJ. and GarranR., The Annotated Constitution of the Australian Commonwealth, 1901 edn, Legal Books, 1995 at 622. (‘It enables the Parliament to deal with the people of any alien race after they have entered the Commonwealth; to localise them within defined areas, to restrict their migration, to confine them to certain occupations, or to give them special protection and secure their return after a certain period to the country whence they came.’)
2.
Official Record of the Debates of the Australasian Federal Convention (1891–1898, reprinted Legal Books 1986), Vol 4, Melbourne 1898, at 228–29.
3.
Kartinyeri v Commonwealth (transcript, 5 February 1998).
4.
Immigration Restriction Act 1901 (Cth), s.3. See Potter v Minahan (1908) 7 CLR 277; R v Wilson; Ex parte Kisch (1934) 52 CLR 234.
5.
Amnesty International, ‘Australia: Political Activist Becomes First Prisoner of Conscience for over 20 Years’, Press release, 23 February 1996.
6.
See WilliamsG., Human Rights under the Australian Constitution, Oxford University Press, 1999, Chs 7 and 8.
7.
Canadian Charter of Rights and Freedoms1982.
8.
New Zealand Bill of Rights Act 1990 (NZ).
9.
See especially International Covenant on Civil and Political Rights 1966 and International Covenant on Economic, Social and Cultural Rights1966.
10.
See, for example, Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 at 27; Nicholas v R (1998) 193 CLR 173 at 208–209 per Gaudron J (‘a court [could] not be required or authorised to proceed in a manner that does not ensure equality before the law, impartiality and the appearance of impartiality, the right of a party to meet the case made against him or her, the independent determination of the matter in controversy by application of the law to facts determined in accordance with rules and procedures which truly permit the facts to be ascertained … a court cannot be required or authorised to proceed in any manner which involves an abuse of process, which would render its proceedings inefficacious, or which brings or tends to bring the administration of justice into disrepute.’)
11.
See WilliamsG., ‘Lionel Murphy and Democracy and Rights’ in CoperM., and WilliamsG. (eds), Justice Lionel Murphy—Influential or Merely Prescient?Federation Press, 1997, p.50.
