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Greenleaf, Graham --- "'Access all areas': Function creep guaranteed in Australia's ID Card Bill (No. 1)" [2007] UNSWLRS 11

[*] Professor of Law and Co-Director, Cyberspace Law and Policy Centre,, UNSW Faculty of Law; email <g.greenleaf@unsw.edu.au>; Thanks to David Vaile, Jan Whitaker and Abi Paramaguru for valuable comments; responsibility for the content remains mine.

[1] Senator Bronwyn Bishop, interview on ABC Radio ‘Life Matters’ programme

[2] Irene Graham, Electronic Frontiers Australia, email discussion list posting, 26 February 2007.

[3] Despite this ‘public domain’ comment, the Taskforce makes the seemingly inconsistent comment that the highest priority must be given to ‘ensuring that there are effective sanctions available and applied in relation to people and organisations who breach privacy requirements inherent in the management of sensitive data’. This is one example of the complex legislative balancing act that the unseen second Bill will apparently have to include.

[4] See for example Laing v Carroll [2005] FCAFC 202, where in similar circumstances it was held that ‘State employees, through whom a State acts, cannot be prosecuted’

[5] in Laing v Carroll [2005] FCAFC 202 the Court refused to exercise its discretion to make a declaration that a State employee should comply with a notice, when the Crown was immune from prosecution for failure to comply.