Decoy Duck
1911 -- October - Augusto Masetti, a soldier in the Bologna barracks,
shouting "Anarchy Lives!" as he floors the gas pedal, runs
down Colonel Stroppa with a car as Stroppa exhorts his
soldiers to depart for Libya. Stroppa is injured, and Masetti
is committed to an asylum (to avoid trying him openly
in court).
Amendment closes off loophole
Samantha Maiden for news squad
November 03, 2005
THE new law is aimed at terrorists who are planning or training for an attack but have not yet selected the target, the time or the method.
The legislation rushed through the House of Representatives will ensure authorities do not have to identify a specific terrorist act or plan to prove an offence.
By changing the law to refer to "a terrorist act" instead of the current reference to "the terrorist act", a legal loophole will be shut that ASIO and the Australian Federal Police feared could result in a suspect escaping prosecution.
The changes will also tighten the offence of financing a terrorist act, to ensure people can be prosecuted for funding terrorist training or preparations for an attack, without a specific target.
The law, which will be in force over the summer holiday, was tabled yesterday within hours of John Howard's announcement and rushed through the house in just 43 minutes.
"The amendments will simply clarify that it is not necessary for the prosecution to identify a specific terrorist act," an explanatory memorandum on the legislation states.
"For example, a person or group of persons may be considering a range of activities, such as killing persons or detonating a bomb. However, the person may not have decided which of the activities will be carried out, nor the time, date or method of such activities.
"In other words, in proving one of the amended offences it will not be necessary to establish the person has settled on a particular target, time or date.
"Where the person has settled on an action such as destroying a government building but has not decided on a particular building, time or date, this would fall within the concept of a terrorist act."
The Government says there was never any intent in the original legislation to suggest a specific terrorist act would need to be in the planning stage for an offence to occur.
But the wording posed a potential problem if authorities wanted to arrest terrorists who were training or buying materials that could be used in an attack but authorities could not provide evidence of a specific plan.
The legislation includes a review of the operation of the amendments after five years, as agreed by the premiers.
It stipulates that a report detailing the findings of the review must be publicly tabled in parliament by the attorney-general within 15 sitting days of the government receiving the report. END
Decoy duck - Howard rejects 'decoy' claims over terror warning
Ireland Online, Ireland - 4 hours ago
Prime minister John Howard has dismissed as “ridiculous” claims that his warning of a possible terrorist attack on Australia was timed to deflect attention from fascist new industrial warfare laws.
Clark not informed of Australia 'terror threat'
New Zealand Herald, New Zealand - 10 hours ago
The Government was not given advance notice of the announcement about a possible terrorist threat to Australia, a spokesman for Prime Minister Helen Clark said ...
Terrorists may been tipped-off: ALP
NEWS.com.au, Australia - 12 hours ago
THE Prime Minister may have warned off would-be terrorists and compromised investigations after yesterday's terror warning, Labor said. ... Howard the duck has twice admitted he is damned if he flies and damned if he doesn't.
Howard ridicules terror conspiracy theory
The Age (subscription), Australia - 12 hours ago
Prime Minister John Howard says it's ridiculous to suggest his announcement of a potential terrorist threat to Australia was timed to illegally invade oil rich SW Asia.
Ex-spy queries timing
Natalie O'Brien and Simon Kearney
November 03, 2005
FORMER ASIS spy Warren Reed accused the Howard Government of scaremongering yesterday amid suspicions over the timing and urgency of the introduction of the anti-terror laws.
Mr Reed, an MI6-trained spy turned author and security commentator, warned that "politicking was colouring national security" as lawyers and community leaders voiced concerns about the new laws.
"We have heard nothing about this until today - it's very strange," he said in reference to John Howard's warning of a specific terror threat.
Mr Reed said the release of the ASIO annual report, which warned of homegrown terrorists, was "exquisitely timed" to boost support for the laws.
Rob Stary, president of the Criminal Lawyers Association in Victoria, said the Government should tell the community what it knew about the threat.
"It is inadequate and insufficient to say, 'Just trust us'."
Mr Stary called for greater accountability. "We can't do things in secret ... even Saddam Hussein gets a public trial."
Members of Sydney's Muslim community were reportedly concerned about travelling overseas. Lawyer Stephen Hopper said 10 people had asked him to be on hand when they travelled, in case they were detained.
"They fear they will be targeted - some have already been spoken to by ASIO," he said.
Mr Hopper said he was suspicious of the timing of yesterday's sudden amendment.
Adam Houda, a lawyer representing terror suspects, said the amendment changed nothing. He also questioned the timing.
"These amendments are specifically targeting Muslims. It's raising anxiety, further alienating the community," he said.
shouting "Anarchy Lives!" as he floors the gas pedal, runs
down Colonel Stroppa with a car as Stroppa exhorts his
soldiers to depart for Libya. Stroppa is injured, and Masetti
is committed to an asylum (to avoid trying him openly
in court).
Amendment closes off loophole
Samantha Maiden for news squad
November 03, 2005
THE new law is aimed at terrorists who are planning or training for an attack but have not yet selected the target, the time or the method.
The legislation rushed through the House of Representatives will ensure authorities do not have to identify a specific terrorist act or plan to prove an offence.
By changing the law to refer to "a terrorist act" instead of the current reference to "the terrorist act", a legal loophole will be shut that ASIO and the Australian Federal Police feared could result in a suspect escaping prosecution.
The changes will also tighten the offence of financing a terrorist act, to ensure people can be prosecuted for funding terrorist training or preparations for an attack, without a specific target.
The law, which will be in force over the summer holiday, was tabled yesterday within hours of John Howard's announcement and rushed through the house in just 43 minutes.
"The amendments will simply clarify that it is not necessary for the prosecution to identify a specific terrorist act," an explanatory memorandum on the legislation states.
"For example, a person or group of persons may be considering a range of activities, such as killing persons or detonating a bomb. However, the person may not have decided which of the activities will be carried out, nor the time, date or method of such activities.
"In other words, in proving one of the amended offences it will not be necessary to establish the person has settled on a particular target, time or date.
"Where the person has settled on an action such as destroying a government building but has not decided on a particular building, time or date, this would fall within the concept of a terrorist act."
The Government says there was never any intent in the original legislation to suggest a specific terrorist act would need to be in the planning stage for an offence to occur.
But the wording posed a potential problem if authorities wanted to arrest terrorists who were training or buying materials that could be used in an attack but authorities could not provide evidence of a specific plan.
The legislation includes a review of the operation of the amendments after five years, as agreed by the premiers.
It stipulates that a report detailing the findings of the review must be publicly tabled in parliament by the attorney-general within 15 sitting days of the government receiving the report. END
Decoy duck - Howard rejects 'decoy' claims over terror warning
Ireland Online, Ireland - 4 hours ago
Prime minister John Howard has dismissed as “ridiculous” claims that his warning of a possible terrorist attack on Australia was timed to deflect attention from fascist new industrial warfare laws.
Clark not informed of Australia 'terror threat'
New Zealand Herald, New Zealand - 10 hours ago
The Government was not given advance notice of the announcement about a possible terrorist threat to Australia, a spokesman for Prime Minister Helen Clark said ...
Terrorists may been tipped-off: ALP
NEWS.com.au, Australia - 12 hours ago
THE Prime Minister may have warned off would-be terrorists and compromised investigations after yesterday's terror warning, Labor said. ... Howard the duck has twice admitted he is damned if he flies and damned if he doesn't.
Howard ridicules terror conspiracy theory
The Age (subscription), Australia - 12 hours ago
Prime Minister John Howard says it's ridiculous to suggest his announcement of a potential terrorist threat to Australia was timed to illegally invade oil rich SW Asia.
Ex-spy queries timing
Natalie O'Brien and Simon Kearney
November 03, 2005
FORMER ASIS spy Warren Reed accused the Howard Government of scaremongering yesterday amid suspicions over the timing and urgency of the introduction of the anti-terror laws.
Mr Reed, an MI6-trained spy turned author and security commentator, warned that "politicking was colouring national security" as lawyers and community leaders voiced concerns about the new laws.
"We have heard nothing about this until today - it's very strange," he said in reference to John Howard's warning of a specific terror threat.
Mr Reed said the release of the ASIO annual report, which warned of homegrown terrorists, was "exquisitely timed" to boost support for the laws.
Rob Stary, president of the Criminal Lawyers Association in Victoria, said the Government should tell the community what it knew about the threat.
"It is inadequate and insufficient to say, 'Just trust us'."
Mr Stary called for greater accountability. "We can't do things in secret ... even Saddam Hussein gets a public trial."
Members of Sydney's Muslim community were reportedly concerned about travelling overseas. Lawyer Stephen Hopper said 10 people had asked him to be on hand when they travelled, in case they were detained.
"They fear they will be targeted - some have already been spoken to by ASIO," he said.
Mr Hopper said he was suspicious of the timing of yesterday's sudden amendment.
Adam Houda, a lawyer representing terror suspects, said the amendment changed nothing. He also questioned the timing.
"These amendments are specifically targeting Muslims. It's raising anxiety, further alienating the community," he said.
posted by professor rat at 4:20 AM
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