Paul Wilkins wrote:
If Dutton is in fact ineligible to sit, then so too is his motion to introduce the Bill to Parliament. Or such is the stuff of dreams?

You are correct, if he is ineligible .. and *if he was at the time of the introduction* then it should be challenged as not validly introduced.. this will not be automatic though.

Michelle

Kind regards

Paul Wilkins

On Tue, 27 Nov 2018 at 09:39, Paul Wilkins <[email protected] <mailto:[email protected]>> wrote:

    Seems Dutton is about to get a lesson in constitutional law:

    S44 (iv)  holds any office of profit under the Crown, or any
    pension payable during the pleasure of the Crown out of any of the
    revenues of the Commonwealth; or

    shall be incapable of being chosen or of sitting as a senator or a
    member of the House of Representatives.

    Kind regards


    Paul Wilkins

    On Mon, 26 Nov 2018 at 10:34, Paul Wilkins
    <[email protected] <mailto:[email protected]>> wrote:


        After the Department Home Affairs sitting on this Bill for
        over a year and conducting industry consultation they claim is
        confidential (ie: they have no one who'll go on record
        supporting the Bill) suddenly it's a priority, and the
        Minister for Home Affairs writes a wheedling letter to PJCIS
        to pass the Bill before Christmas.

        The lack of public and industry consultation, the vague and
        poor drafting, and then a sudden push to pass the Bill in a
        couple of weeks, rather suggest a deliberate strategy to pass
        a Bill that's out of all proportion to the need to combat
        terrorism and serious crime in the context of rising use of
        encryption.

        Rising use of encryption is hardly news to anyone. After all,
        a rising tide lifts all boats.


        
https://www.aph.gov.au/DocumentStore.ashx?id=a46f0ed4-fc0d-4e95-bbd3-ef8fafe419ab&subId=663130


        Kind regards

        Paul Wilkins

        On Sun, 25 Nov 2018 at 13:56, Paul Wilkins
        <[email protected] <mailto:[email protected]>>
        wrote:

            /"In practice, if they balls-up the change request given
            to the device manufacturer or app/website developer,
            anything could happen."/

            Then you recall the obligation under the
            Telecommunications Act 1997 for carriers to "do their best
            to  protect networks and facilities". No such obligation
            attaches to the Crown under the powers of the  Assistance
            and Access Bill 2018.

            So, even if in the cases of misfeasance, non feasance, or
            malfeasance on the part of the Crown or its  agents in the
            implementation of TCNs/TANs/TARs, and their impact on
            carriers businesses, liability rests, not with the Crown
            as you might ingenuously assume, but with the carrier who
            unwittingly acted as directed.

            Kind regards

            Paul Wilkins

            On Sun, 25 Nov 2018 at 06:38, Scott Weeks
            <[email protected] <mailto:[email protected]>>
            wrote:



                -----------------------
                ...the drafting certainly seems loose enough for a future
                government to establishthe machinery of a police state.
                -----------------------

                I'm seeing this in *NOG lists and elsewhere all over the
                world.  It's going to be an interesting next buncha years!

                scott





























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--
Michelle Sullivan
http://www.mhix.org/

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