Conclusion

7.158  The ALRC concludes that the following Commonwealth laws should be further reviewed to determine whether they unjustifiably limit freedom of movement:

  • Bankruptcy Act s 77, which provides that a bankrupt person must automatically give their passport to the trustee in bankruptcy.

  • Criminal Code divs 104–105 (control orders and preventative detention orders) and s 119 (declared area offences). These provisions are subject to review by INSLM and the Intelligence Committee as part of their ongoing roles.