THE TURNBULL GOVERNMENT HAS RELEASED YET ANOTHER BILL. THE RELEASE OF THE AUSTRALIAN DEFENCE FORCE TO TACKLE THE FAR LEFT.

THE TURNBULL GOVERNMENT HAS RELEASED YET ANOTHER BILL. THE RELEASE OF THE AUSTRALIAN DEFENCE FORCE TO TACKLE THE FAR LEFT.

THE TURNBULL GOVERNMENT HAS RELEASED YET ANOTHER BILL. THE RELEASE OF THE AUSTRALIAN DEFENCE FORCE TO TACKLE THE FAR LEFT.

By National Criminal Lawyers

Under a Safer Australia, the Turnbull government announced that the current Defence budget allocated to the Australian Defence Force is $34.7 billion per annum in 2018. This is in comparison to an Annual budget of $518.6 million which existed in 2016-2017.

With this sort of money floating around it begs the question “Quis custodiet ipsos custodes?”. This old Latin phrase is found in the work of the Roman poet Juvenal and literally translates as “Who will guard the guards themselves?”.

THE NEW BILL

Fast forward to 2018 and the Turnbull government has now introduced new legislation called The Defence Amendment (Call Out of the Australian Defence Force) Bill 2018.The bill revises Part IIIAAA of theDefence Act 1903and proposes that the PM and other authorised ministers can send in the troops when state authorities haven’t requested assistance, but where Commonwealth interests are at stake. It also provides ADF members with enhanced search capabilities and limited shoot-to-kill powers.

Currently, the military can only be called upon by state and territory authorities when they’ve exhausted all other options. The new bill would allow for a call out request to be actioned, when it’s decided that ADF personnel can “enhance” the ability of state police in dealing with an incident.

EROSION OF CIVIL LIBERTIES

Civil Liberties Australia CEO Bill Rowlings points out that the bill allows the government to call out the ADF to protect any declared infrastructure.

“The federal government can use the army to break environmental protests just like the government did in the late 1940s to break coal strikes,” Rowlings explained. “And this new law makes it clear troops can again be used to break strikes.”

 The legislation also provides that military personnel can use lethal force during certain civilian incidents.

Troops under this law also get powers to detain, search and question Australians,” Mr Rowlings made clear. These are “powers that ought to be exercised only by police. AND “the military to provide security, question people and compel them to produce documents, as well as allowing them to operate a facility, machinery or equipment.

 “A real danger of laws like these are how they might be used by a more extreme government In five, ten or twenty years from now.” Mr Rowlings warned. He added that current situations in Turkey and Hungary should serve as “cautionary examples”.

EXPANSION OF A POLICE STATE?

Oftentimes there are certain very terrible incidents in society which later are used to move authorities more towards a Police/Military State. This has happened in history and is again happening in Australia with the Attorney General and the Turnbul government using the Lindt Café Siege as one of the reasons to expand military powers down under.

OTHER EXAMPLES WHICH INDICATE MOVEMENT TOWARDS A POLICE STATE

In Western Society usually a Civilian can only be interfered with by the military in exceptional circumstances. Furthermore, they can only be interfered with by police if they have been involved or charged with a crime AND again usually only have their liberty taken away for longer periods than arrest if they are convicted of a crime. There are of course exceptions (such as preventative detention through refusal of bail or mental health detention) however these used to be the only exceptions.

Now at National Criminal Lawyers we have experienced firsthand the following examples of interference with liberty (even where there is absence of a proven crime): See below;

  1. Firstly there are now massive powers given to the police, military and security agencies in relation to anti – terrorism laws and abilities to interfere with previous liberties under these laws
  2. In 2014 we received a revised Bail act. This act introduced a show cause clause which makes it much harder to get bail for certain offences. Now the accused if charged with certain offences needs to show “why detention is not justified”. This new law reversed the previous onus on the police to show why bail should be refused.
  3. There are now new anti-consorting laws. Association between or with certain declared peoples is now prohibited (this not previously being a crime).
  4. New anti-gang laws have been introduced including anti -bikie laws (again certain association has now been made a crime).
  5. Surveillance (both police and intelligence related) have been dramatically improved and rolled out. Budgets have been increased and new and different forms of policing now occur which are outside of the laws to do with search and arrest. The police now even sometimes prefer not to arrest a person but rather place persons under lengthy and harsh surveillance in the hope a crime will be forced to happen
  6. There are now new strike forces (such as strike force raptor) which is designed to pro-actively police society. Such strike forces have expansive powers to interfere and disrupt persons under its scope even where no crime has occurred.
  7. Now as set out above we have new military powers to interfere in society even when there is no request from the state authorities.


CONCLUSION

What we know is the Lindt Café siege was a terrible event. Us in the legal fraternity even lost one of its own which was a horrible outcome of the siege. What is still not clearly understood in the aftermath of the Siege is how that the person who carried out the Siege was able to get a gun and partake in the same. This question rings true given he either was or should have been under twenty-four-hour surveillance prior to the siege. Clearly, he was on the authorities’ radar (due to letter writing and other strange conduct over a long period of time including being before the Courts and on the media on numerous occasions before the terrible event).

This begs the question Who will guard the guards themselves? And how was this terrible offender ever able to obtain a gun and partake in a siege?

 WHY NATIONAL CRIMINAL LAWYERS?

National Criminal Lawyers have defended many clients who have had been treated unfairly by the NSW Police.

If you are charged and accused of a crime or if you think you may be under surveillance it is essential that you receive the best legal advice.

The defence team at National Criminal Lawyers have considerable experience in dealing with criminal charges and offences and are experts in dealing with the police and the courts.

If any of these situations exists for you, we can give you the right direction at a very difficult time. Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

Book your first free appointment with National Criminal lawyers now.
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