Entry tags:
Seditious intent
Izzie has snatched some tasty morsels from the uber-delightful Abolition of Liberty Bill in its original incarnation.
So let's see how easy it is to go straight to jail without passing GO and certainly not collecting our minimum monthly wage of 200 silver sickles.
In this section: (page 75)
13 seditious intention means an intention to effect any of the
14 following purposes:
15 (a) to bring the Sovereign into hatred or contempt;
16 (b) to urge disaffection against the following:
17 (i) the Constitution;
18 (ii) the Government of the Commonwealth;
19 (iii) either House of the Parliament;
20 (c) to urge another person to attempt, otherwise than by lawful
21 means, to procure a change to any matter established by law
22 in the Commonwealth;
23 (d) to promote feelings of ill-will or hostility between different
24 groups so as to threaten the peace, order and good
25 government of the Commonwealth.
So saying nasty things about the Rat gets this serpent in the slammer. Not too difficult at all now is it? Oh and 'lawful means' - if this bill serves as a sample of the sorts of laws we can expect - will be like the good old DDR where everything is Verboten even when it is officially allowed. So 23d and co can certainly be used to outlaw strikes as uppity workers are one thing guaranteed to upset the order and good government of the Big Commonwealth King of Rats. But let's not get bogged down in nitty gritty insignificant details. Time to move on.
Page 78
(7) A person commits an offence if:
4 (a) the person urges another person to engage in conduct; and
5 (b) the first-mentioned person intends the conduct to assist, by
6 any means whatever, an organisation or country; and
7 (c)
the organisation or country is:
8 (i) at war with the Commonwealth, whether or not the
9 existence of a state of war has been declared; and
10 (ii) specified by Proclamation made for the purpose of
11 paragraph 80.1(1)(e) to be an enemy at war with the
12 Commonwealth.
13 Penalty: Imprisonment for 7 years.
Oh. And here we have the Hicks Fix. The nearest thing we can get to The Sybil Trelawney School of Law where nothing has to be in writing. The poor suckers are supposed to guess - who the big bad enemies are because telling the common mob would be waaay too easy. Tea leaves anyone? Well. They haven't quite come out and said it but we all know that the Commonwealth King of Rats is most certainly at war with the unions and one mischevious minister Jon Stanhope. Izzie associates with one and admires the other. So will that get us 14 years. We are sure that Rats have no time for the wishy washy soft on terrorism option of concurrent sentencing.
Control orders
The obligations, prohibitions and restrictions that the Court may impose on the person by the control order are the following:
(a) a prohibition or restriction on the person being at specified 1 areas or places;
2 (b) a prohibition or restriction on the person leaving Australia;
3 (c) a requirement that the person remain at specified premises
4 between specified times each day, or on specified days;
5 (d) a requirement that the person wear a tracking device;
6 (e) a prohibition or restriction on the person communicating or
7 associating with specified individuals;
8 (f) a prohibition or restriction on the person accessing or using
9 specified forms of telecommunication or other technology
10 (including the Internet);
11 (g) a prohibition or restriction on the person possessing or using
12 specified articles or substances;
13 (h) a prohibition or restriction on the person carrying out
14 specified activities (including in respect of his or her work or
15 occupation);
16 (i) a requirement that the person report to specified persons at
17 specified times and places;
18 (j) a requirement that the person allow himself or herself to be
19 photographed;
20 (k) a requirement that the person allow his or her fingerprints to
21 be taken;
22 (l) if the person consents—a requirement that the person
23 participate in specified counselling or education
.24 (4) Subsection 102.8(4) applies to paragraph(3)(e) and the person’s
25 communication or association in the same way as that subsection
26 applies to section102.8 and a person’s association.
What! No internet porn! Oh and counselling and re-education - under the tutelage of dearest Dolores no doubt. Izzie can already see the quill of Doom as she squiggles "I must not tell lies"
Oh - and this delightful little snippet is especially for members of the Rodent's Inquisitorial Squad and assorted spooks. Oh and note - this is not arrest we are talking here but 'preventative detention' because the spooks were too incompetent to actually find any real incriminating evidence that would stand up before a REAL court.
(page 38/41)
@105.23 Use of force(1) An AFP member must not, in the course of taking a person into 19 custody or detaining a person under a preventative detention order,
20 use more force, or subject the person to greater indignity, than is
21 necessary and reasonable:
22 (a) to take the person into custody; or
23 (b) to prevent the escape of the person after being taken into
24 custody.
25 (2) An AFP member must not, in the course of taking a person into
26 custody or detaining a person under a preventative detention order:
27 (a) do anything that is likely to cause the death of, or grievous
28 bodily harm to, the person unless the AFP member believes
29 on reasonable grounds that doing that thing is necessary to
30 protect life or to prevent serious injury to another person
31 (including the AFP member); or
32 (b) if the person is attempting to escape being taken into custody
33 by fleeing—do such a thing unless:
34 (i) the AFP member believes on reasonable grounds that
35 doing that thing is necessary to protect life or to prevent
36 serious injury to another person (including the AFP
1 member); and
2 (ii) the person has, if practicable, been called on to
3 surrender and the AFP member believes on reasonable
4 grounds that the person cannot be apprehended in any
5 other manner.
6 (3) Subsection(2) does not limit subsection(1)
So poor Izzie tries to slink off into the darkness and gets shot in the fangs because the poor spook was convinced that her hiss was highly venomous. Most reasonable indeed we thinks. Yesss. *Looks up 'reasonable' in the Little Howard Dictionary*
Oh and in the unlikely event of Izzie escaping with no scales unharmed and then surreptitiously slinking into Cyberia (from where she has been banned of course) and informing her Ozzie associates of her awful fate, well then they too become nasty sneaky seditious criminals too. Evil beasties.
And if we don't escape but smuggle out owlseses to our friendseses, that too puts them in a bit of a pickle if they squeal. If you see something, say nothing.
105.38 Disclosure offences Page 53-54 (p49 of original)
18 (1) A person (the offender) commits an offence if:
19 (a) a person being detained under a preventative detention order
20 (the detainee) contacts the offender under section @105.34;
21 and
22 (b) the offender discloses to another person:
23 (i) the fact that a preventative detention order has been
24 made in relation to the detainee; or
25 (ii) the fact that the detainee is being detained under the
26 order; or
27 (iii) any information that the detainee gives the offender in
28 the course of the contact; and
29 (c) the disclosure occurs while the order is in force in relation to
30 the detainee; and
31 (d) the disclosure is not made for the purposes of:
32 (i) proceedings in a federal court for a remedy relating to
33 the preventative detention order or the treatment of the
34 person in connection with the order; or
35(ii) a complaint to the Commonwealth Ombudsman under
1 the under the Complaints (Australian Federal Police)
2 Act 1981 in relation to the preventative detention order
3 or the treatment of the person in connection with the
4 order.
5 Penalty: Imprisonment for 5 years.
6 (2) A person (the offender) commits an offence if:
7 (a) a person being detained under a preventative detention order
8 (the detainee) has contact with the offender under section
9 @105.36; and
10 (b) the offender discloses to another person:
11 (i) the fact that a preventative detention order has been
12 made in relation to the detainee; or
13 (ii) the fact that the detainee is being detained under the
14 order; or
15 (iii) any information that the detainee gives the offender in
16 the course of the contact; and
17 (c) the disclosure occurs while the order is in force in relation to
18 the detainee; and
19 (d) the disclosure is not made for the purposes of a complaint to
20 the Commonwealth Ombudsman under the under the
21 Complaints (Australian Federal Police) Act 1981 in relation
22 to the preventative detention order or the treatment of the
23 person in connection with the order.
24 Penalty: Imprisonment for 5 years.
25 (3) To avoid doubt, a person does not contravene subsection(2)
26 merely by letting another person contacted know that the detainee
27 is safe but is not able to be contacted for the time being.
Oh how touching and sweet. Such concern for serpent safety. Izzie is truly moved to tears.
So let's see how easy it is to go straight to jail without passing GO and certainly not collecting our minimum monthly wage of 200 silver sickles.
In this section: (page 75)
13 seditious intention means an intention to effect any of the
14 following purposes:
15 (a) to bring the Sovereign into hatred or contempt;
16 (b) to urge disaffection against the following:
17 (i) the Constitution;
18 (ii) the Government of the Commonwealth;
19 (iii) either House of the Parliament;
20 (c) to urge another person to attempt, otherwise than by lawful
21 means, to procure a change to any matter established by law
22 in the Commonwealth;
23 (d) to promote feelings of ill-will or hostility between different
24 groups so as to threaten the peace, order and good
25 government of the Commonwealth.
So saying nasty things about the Rat gets this serpent in the slammer. Not too difficult at all now is it? Oh and 'lawful means' - if this bill serves as a sample of the sorts of laws we can expect - will be like the good old DDR where everything is Verboten even when it is officially allowed. So 23d and co can certainly be used to outlaw strikes as uppity workers are one thing guaranteed to upset the order and good government of the Big Commonwealth King of Rats. But let's not get bogged down in nitty gritty insignificant details. Time to move on.
Page 78
(7) A person commits an offence if:
4 (a) the person urges another person to engage in conduct; and
5 (b) the first-mentioned person intends the conduct to assist, by
6 any means whatever, an organisation or country; and
7 (c)
the organisation or country is:
8 (i) at war with the Commonwealth, whether or not the
9 existence of a state of war has been declared; and
10 (ii) specified by Proclamation made for the purpose of
11 paragraph 80.1(1)(e) to be an enemy at war with the
12 Commonwealth.
13 Penalty: Imprisonment for 7 years.
Oh. And here we have the Hicks Fix. The nearest thing we can get to The Sybil Trelawney School of Law where nothing has to be in writing. The poor suckers are supposed to guess - who the big bad enemies are because telling the common mob would be waaay too easy. Tea leaves anyone? Well. They haven't quite come out and said it but we all know that the Commonwealth King of Rats is most certainly at war with the unions and one mischevious minister Jon Stanhope. Izzie associates with one and admires the other. So will that get us 14 years. We are sure that Rats have no time for the wishy washy soft on terrorism option of concurrent sentencing.
Control orders
The obligations, prohibitions and restrictions that the Court may impose on the person by the control order are the following:
(a) a prohibition or restriction on the person being at specified 1 areas or places;
2 (b) a prohibition or restriction on the person leaving Australia;
3 (c) a requirement that the person remain at specified premises
4 between specified times each day, or on specified days;
5 (d) a requirement that the person wear a tracking device;
6 (e) a prohibition or restriction on the person communicating or
7 associating with specified individuals;
8 (f) a prohibition or restriction on the person accessing or using
9 specified forms of telecommunication or other technology
10 (including the Internet);
11 (g) a prohibition or restriction on the person possessing or using
12 specified articles or substances;
13 (h) a prohibition or restriction on the person carrying out
14 specified activities (including in respect of his or her work or
15 occupation);
16 (i) a requirement that the person report to specified persons at
17 specified times and places;
18 (j) a requirement that the person allow himself or herself to be
19 photographed;
20 (k) a requirement that the person allow his or her fingerprints to
21 be taken;
22 (l) if the person consents—a requirement that the person
23 participate in specified counselling or education
.24 (4) Subsection 102.8(4) applies to paragraph(3)(e) and the person’s
25 communication or association in the same way as that subsection
26 applies to section102.8 and a person’s association.
What! No internet porn! Oh and counselling and re-education - under the tutelage of dearest Dolores no doubt. Izzie can already see the quill of Doom as she squiggles "I must not tell lies"
Oh - and this delightful little snippet is especially for members of the Rodent's Inquisitorial Squad and assorted spooks. Oh and note - this is not arrest we are talking here but 'preventative detention' because the spooks were too incompetent to actually find any real incriminating evidence that would stand up before a REAL court.
(page 38/41)
@105.23 Use of force(1) An AFP member must not, in the course of taking a person into 19 custody or detaining a person under a preventative detention order,
20 use more force, or subject the person to greater indignity, than is
21 necessary and reasonable:
22 (a) to take the person into custody; or
23 (b) to prevent the escape of the person after being taken into
24 custody.
25 (2) An AFP member must not, in the course of taking a person into
26 custody or detaining a person under a preventative detention order:
27 (a) do anything that is likely to cause the death of, or grievous
28 bodily harm to, the person unless the AFP member believes
29 on reasonable grounds that doing that thing is necessary to
30 protect life or to prevent serious injury to another person
31 (including the AFP member); or
32 (b) if the person is attempting to escape being taken into custody
33 by fleeing—do such a thing unless:
34 (i) the AFP member believes on reasonable grounds that
35 doing that thing is necessary to protect life or to prevent
36 serious injury to another person (including the AFP
1 member); and
2 (ii) the person has, if practicable, been called on to
3 surrender and the AFP member believes on reasonable
4 grounds that the person cannot be apprehended in any
5 other manner.
6 (3) Subsection(2) does not limit subsection(1)
So poor Izzie tries to slink off into the darkness and gets shot in the fangs because the poor spook was convinced that her hiss was highly venomous. Most reasonable indeed we thinks. Yesss. *Looks up 'reasonable' in the Little Howard Dictionary*
Oh and in the unlikely event of Izzie escaping with no scales unharmed and then surreptitiously slinking into Cyberia (from where she has been banned of course) and informing her Ozzie associates of her awful fate, well then they too become nasty sneaky seditious criminals too. Evil beasties.
And if we don't escape but smuggle out owlseses to our friendseses, that too puts them in a bit of a pickle if they squeal. If you see something, say nothing.
105.38 Disclosure offences Page 53-54 (p49 of original)
18 (1) A person (the offender) commits an offence if:
19 (a) a person being detained under a preventative detention order
20 (the detainee) contacts the offender under section @105.34;
21 and
22 (b) the offender discloses to another person:
23 (i) the fact that a preventative detention order has been
24 made in relation to the detainee; or
25 (ii) the fact that the detainee is being detained under the
26 order; or
27 (iii) any information that the detainee gives the offender in
28 the course of the contact; and
29 (c) the disclosure occurs while the order is in force in relation to
30 the detainee; and
31 (d) the disclosure is not made for the purposes of:
32 (i) proceedings in a federal court for a remedy relating to
33 the preventative detention order or the treatment of the
34 person in connection with the order; or
35(ii) a complaint to the Commonwealth Ombudsman under
1 the under the Complaints (Australian Federal Police)
2 Act 1981 in relation to the preventative detention order
3 or the treatment of the person in connection with the
4 order.
5 Penalty: Imprisonment for 5 years.
6 (2) A person (the offender) commits an offence if:
7 (a) a person being detained under a preventative detention order
8 (the detainee) has contact with the offender under section
9 @105.36; and
10 (b) the offender discloses to another person:
11 (i) the fact that a preventative detention order has been
12 made in relation to the detainee; or
13 (ii) the fact that the detainee is being detained under the
14 order; or
15 (iii) any information that the detainee gives the offender in
16 the course of the contact; and
17 (c) the disclosure occurs while the order is in force in relation to
18 the detainee; and
19 (d) the disclosure is not made for the purposes of a complaint to
20 the Commonwealth Ombudsman under the under the
21 Complaints (Australian Federal Police) Act 1981 in relation
22 to the preventative detention order or the treatment of the
23 person in connection with the order.
24 Penalty: Imprisonment for 5 years.
25 (3) To avoid doubt, a person does not contravene subsection(2)
26 merely by letting another person contacted know that the detainee
27 is safe but is not able to be contacted for the time being.
Oh how touching and sweet. Such concern for serpent safety. Izzie is truly moved to tears.
no subject