On the Verge of ….Communist Australia

Talk about a Government that believes that the Public will forget they are bullies if they show a soft fascia now.

Of course we know it is a false fascia, however, this Government has treated all Australians as if we were idiots for the past 4 years, so they will believe we are gullible enough to believe them.

Let’s look at what they have firmly in their sights:

THE federal government has moved to effectively stall implementation of a controversial expansion of internet surveillance and security powers until after the next election.  This will be because they can’t afford another embarrassing defeat in Parliament before the next election

National security bureaucrats have drafted legislation to implement the changes, but the Attorney-General, Nicola Roxon, decided not to release the draft laws and instead referred a discussion paper to a parliamentary committee examining the issue.

The national security discussion paper, released last month by Ms Roxon, canvasses proposals for compulsory internet data retention, forcing people to give up computer passwords, streamlining telecommunications interception approvals, government regulation of telecommunications industry security standards, and enhanced stop-and-search powers for the Australian Security Intelligence Organisation.

The draft Legislation for radical changes to your privacy is ready and yet a National Security ‘DISCUSSION’ paper was only released last month and has been another matter kept quiet enough to ensure they don’t actually need to discuss anything with the public.  Business as usual “Do as I Say”

A senior national security official told the Herald yesterday that Ms Roxon’s decision to refer the proposals to the parliamentary joint committee for intelligence and security, and only consider the detail of legislation after that inquiry, would “most likely put all of this off until after the election”.

“These reforms are urgently needed to deal with a rapidly evolving security environment, but there isn’t much appetite within the government for anything that attracts controversy,” the official said.

The Prime Minister, Julia Gillard, yesterday announced a long-delayed review of federal and state counter-terrorism laws introduced after the 2005 London terrorist bombings.

I have listed most of the changes this Draft Legislation wants to make, and can’t see any advantage unless you have a need to remove laws that make it illegal to plan a terrorist act o9r to plan a Coup against democracy (see Annex A).  It is these changes that cause me a great disquiet as it has been these laws that have made this country safe.

These include significant changes to the laws on Treason, Sedition, Unlawful Association, Inciting Crime, Inciting violence, urging a person to assist the enemy, Urging interference in Parliamentary elections, Interfering with an election,Giving or soliciting contributions for unlawful associations, Giving or soliciting contributions for unlawful associations, Books etc. issued by unlawful association not transmissible by post.

And then we have concerns with the proposals relating to data retention and to the extension of surveillance powers into the social media realm.

These proposed changes, if implemented in their entirety, would appear to amount to a massive expansion of surveillance activity across the entire community, accompanied by a corresponding reduction in accountability for that surveillance activity, and are therefore a potentially significant threat to the civil liberties and privacy of all Australians.

It is of particular concern that with such a wide-ranging and potentially significant legislative reform, the community has been given a mere four weeks in which to digest the implications of the proposed changes and to make submissions to the Joint Committee.  Especially as it is being kept as quiet as possible and the media are being reticent on this matter.

Judge for yourself, but please spread this as far as possible or this could be the very last election we will have in this country.

The Committee has extended the date for lodgement of submissions by two weeks. Interested persons and organisations are now invited to make submissions addressing the terms of reference by Monday, 20 August 2012. 

http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=pjcis/nsl2012/index.htm

ANNEX A

Section 80.1 of the Criminal Code contains the offence of treason

(e)  engages in conduct that assists by any means whatever, with intent to assist, an enemy:

                              (i)  at war with the Commonwealth, whether or not the existence of a state of war has been declared; and

                             (ii)  specified by Proclamation made for the purpose of this paragraph to be an enemy at war with the Commonwealth; or

                      (f)  engages in conduct that assists by any means whatever, with intent to assist:

                              (i)  another country; or

                             (ii)  an organisation;

                            that is engaged in armed hostilities against the Australian Defence Force; or

(1A) Paragraphs (1)(e) and (f) do not apply to engagement in conduct by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note 1        A defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3).

Note 2:      There is a defence in section 80.3 for acts done in good faith.

80.2  Sedition Urging violence against the Constitution etc.

Urging the overthrow of the Constitution or Government

             (1)  A person commits an offence if the person urges another person to overthrow by force or violence:

                     (a)  the Constitution; or

                     (b)  the Government of the Commonwealth, a State or a Territory; or

                     (c)  the lawful authority of the Government of the Commonwealth.

Penalty:  Imprisonment for 7 years.

Urging interference in Parliamentary elections

             (3)  A person commits an offence if the person urges another person to interfere by force or violence with lawful processes for an election of a member or members of a House of the Parliament.

Penalty:    Imprisonment for 7 years.

Urging violence within the community

             (5)  A person commits an offence if:

                     (a)  the person urges a group or groups (whether distinguished by race, religion, nationality or political opinion) to use force or violence against another group or other groups (as so distinguished); and

                     (b)  the use of the force or violence would threaten the peace, order and good government of the Commonwealth.

Penalty:  Imprisonment for 7 years.

             (6)  Recklessness applies to the element of the offence under subsection (5) that it is a group or groups that are distinguished by race, religion, nationality or political opinion that the first‑mentioned person urges the other person to use force or violence against.

Urging a person to assist the enemy

             (7)  A person commits an offence if:

                     (a)  the person urges another person to engage in conduct; and

                     (b)  the first‑mentioned person intends the conduct to assist an organisation or country; and

                     (c)  the organisation or country is:

                              (i)  at war with the Commonwealth, whether or not the existence of a state of war has been declared; and

                             (ii)  specified by Proclamation made for the purpose of paragraph 80.1(1)(e) to be an enemy at war with the Commonwealth.

Penalty:  Imprisonment for 7 years.

Urging a person to assist those engaged in armed hostilities

             (8)  A person commits an offence if:

                     (a)  the person urges another person to engage in conduct; and

                     (b)  the first‑mentioned person intends the conduct to assist an organisation or country; and

                     (c)  the organisation or country is engaged in armed hostilities against the Australian Defence Force.

Penalty:  Imprisonment for 7 years.

Defence

             (9)  Subsections (7) and (8) do not apply to engagement in conduct by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note 1:       A defendant bears an evidential burden in relation to the matter in subsection (9). See subsection 13.3(3).

Note 2:       There is a defence in section 80.3 for acts done in good faith.

Urging a person to assist the enemy

             (7)  A person commits an offence if:

                     (a)  the person urges another person to engage in conduct; and

                     (b)  the first‑mentioned person intends the conduct to assist an organisation or country; and

                     (c)  the organisation or country is:

                              (i)  at war with the Commonwealth, whether or not the existence of a state of war has been declared; and

                             (ii)  specified by Proclamation made for the purpose of paragraph 80.1(1)(e) to be an enemy at war with the Commonwealth.

Penalty:  Imprisonment for 7 years.

Urging a person to assist those engaged in armed hostilities

             (8)  A person commits an offence if:

                     (a)  the person urges another person to engage in conduct; and

                     (b)  the first‑mentioned person intends the conduct to assist an organisation or country; and

                     (c)  the organisation or country is engaged in armed hostilities against the Australian Defence Force.

Penalty:  Imprisonment for 7 years.

Defence

             (9)  Subsections (7) and (8) do not apply to engagement in conduct by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note 1:       A defendant bears an evidential burden in relation to the matter in subsection (9). See subsection 13.3(3).

Note 2:       There is a defence in section 80.3 for acts done in good faith.

80.5  Attorney‑General’s consent required

             (1)  Proceedings for an offence against this Division must not be commenced without the Attorney‑General’s written consent.

             (2)  Despite subsection (1):

                     (a)  a person may be arrested for an offence against this Division; or

                     (b)  a warrant for the arrest of a person for such an offence may be issued and executed;

and the person may be charged, and may be remanded in custody or on bail, but:

                     (c)  no further proceedings may be taken until that consent has been obtained; and

                     (d)  the person must be discharged if proceedings are not continued within a reasonable time.

30A  Unlawful associations

             (1)  The following are hereby declared to be unlawful associations, namely:

                     (a)  any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages:

                              (i)  the overthrow of the Constitution of the Commonwealth by revolution or sabotage;

                             (ii)  the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government; or

                            (iii)  the destruction or injury of property of the Commonwealth or of property used in trade or commerce with other countries or among the States;

                            or which is, or purports to be, affiliated with any organization which advocates or encourages any of the doctrines or practices specified in this paragraph;

                     (b)  any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages the doing of any act having or purporting to have as an object the carrying out of a seditious intention (see subsection (3)).

          (1A)  Without limiting the effect of the provisions of subsection (1), any body of persons, incorporated or unincorporated, which is, in pursuance of section 30AA, declared by the Federal Court of Australia to be an unlawful association, shall be deemed to be an unlawful association for the purposes of this Act.

             (2)  Any branch or committee of an unlawful association, and any institution or school conducted by or under the authority or apparent authority of an unlawful association, shall, for all the purposes of this Act, be deemed to be an unlawful association.

             (3)  In this section:

seditious intention means an intention to use force or violence to effect any of the following purposes:

                     (a)  to bring the Sovereign into hatred or contempt;

                     (b)  to urge disaffection against the following:

                              (i)  the Constitution;

                             (ii)  the Government of the Commonwealth;

                            (iii)  either House of the Parliament;

                     (c)  to urge another person to attempt to procure a change, otherwise than by lawful means, to any matter established by law of the Commonwealth;

                     (d)  to promote feelings of ill‑will or hostility between different groups so as to threaten the peace, order and good government of the Commonwealth.

30AA  Application for declaration as to unlawful association

(1)                The Attorney‑General may apply to the Federal Court of Australia for an order calling upon any body of persons, incorporated or unincorporated, to show cause why it should not be declared to be an unlawful association.

(2)        An application under subsection (1):

(3)               (a)        shall be made on the ground that the body of persons to which it relates is one which is described in subsection 30A(1); and

(4)               (b)        shall be by summons which may contain averments setting out the facts relied upon in support of the application.

(5)        (4)        Service of a summons under this section upon the body of persons specified in the summons may be effected by publication of the summons in the Gazette and in a daily newspaper circulating in the city or town in which the head office in Australia of that body is stated in the summons to be situate, but the Court may order such further or other service as it thinks fit.

(6)        (5)        Any officer or member of the body of persons specified in any summons issued under this section may appear on behalf of that body to show cause.

(7)        (7)        If cause to the contrary is not shown to the satisfaction of the Court, it may make an order declaring the respondent body of persons to be an unlawful association.

(8)        (8)        Any person who is an interested person in relation to any declaration made under this section may, within 14 days after the making of any such declaration, apply to the Federal Court of Australia for the setting aside of the order.

(9)        (9)        Any application made under subsection (8) shall be heard by a Full Court of the Federal Court of Australia, and upon the hearing of the application the Court may affirm or annul the order.

(10)           30AB  Attorney‑General may require information

(11)                       (1)        If the Attorney‑General believes that any person has in his or her possession any information or documents relating to an unlawful association, he or she may require the person, or, in the case of a corporation, any person holding a specified office in the corporation:

(12)           (a)        to answer questions;

(13)           (b)        to furnish information; and

(14)           (c)        allow the inspection of documents belonging to, or in the possession of, that person or that corporation, as the case may be;

(15)           relating to:

(16)           (d)        any money, property or funds belonging to or held by or on behalf of an unlawful association, or as to which there is reasonable cause to believe that they belong to or are held by or on behalf of an unlawful association;

(17)           (e)        any payments made directly or indirectly by, to, or on behalf of, an unlawful association, or as to which there is reasonable cause to believe that they are so made; or

(18)           (f)        any transactions to which an unlawful association is or is reasonably believed to be a party.

(19)                       (2)        Any person failing or neglecting to answer questions, furnish information or produce documents as required in pursuance of this section, shall be guilty of an offence.

(20)           Penalty:             Imprisonment for 6 months.

30B  Officers of unlawful associations

                   Any person over the age of 18 years who is a member of an unlawful association, and any person who occupies or acts in any office or position in or of an unlawful association, or who acts as a representative of an unlawful association, or who acts as a teacher in any institution or school conducted by or under the authority or apparent authority of an unlawful association, shall be guilty of an offence.

Penalty:  Imprisonment for 1 year.

30C  Advocating or inciting to crime

                   Any person who by speech or writing advocates or encourages:

                     (a)  the overthrow of the Constitution of the Commonwealth by revolution or sabotage;

                     (b)  the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government; or

                     (c)  the destruction or injury of property of the Commonwealth or of property used in trade or commerce with other countries or among the States;

shall be guilty of an offence and shall be liable on conviction to imprisonment for any period not exceeding 2 years.

30D  Giving or soliciting contributions for unlawful associations

             (1)  Any person who:

                     (a)  gives or contributes money or goods to an unlawful association; or

                     (b)  receives or solicits subscriptions or contributions of money or goods for an unlawful association;

shall be guilty of an offence.

Penalty:  Imprisonment for 6 months.

             (2)  For the purposes of this section the printer and the publisher of a newspaper or periodical which contains any solicitation of subscriptions or contributions of money or goods for an unlawful association, or any notification or indication as to places where or persons to whom payment or delivery may be made of subscriptions or contributions of money or goods for an unlawful association, shall be deemed to solicit subscriptions or contributions of money or goods for an unlawful association.

30E  Books etc. issued by unlawful association not transmissible by post

             (1)  No book, periodical, pamphlet, handbill, poster or newspaper issued by or on behalf or in the interests of any unlawful association shall:

                     (a)  if posted in Australia, be transmitted through the post; or

                     (b)  in the case of a newspaper, be registered as a newspaper under the provisions of the Postal Services Act 1975.

             (2)  Any newspaper registered under that Act, which is issued by or on behalf or in the interests of any unlawful association, shall be removed from the register.

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