Hi CrashListers, A friend just asked me to share the bulletin below with others. Any comments, Rob? Seth Sandronsky EMERGENCY ACTION ALERT 23/8/2000 TROOPS IN THE STREETS? AUSTRALIAN MILITARY TO GET SWEEPING NEW POWERS Australian Green Party bulletin http://www.greens.org.au/ With no media attention or public discussion the Howard Government is using the Olympics to justify sweeping new powers allowing the military to suppress domestic unrest in Australia. The Defence Legislation Amendment (Aid to the Civilian Authorities) Bill seeks to establish the legal and political basis for using troops to suppress political disturbances, seriously undermining the centuries-old principle that the armed forces should not be mobilised against the civilian population. The Bill was passed through the House of Representatives in one day (June 28) virtually unnoticed with the country in the grip of GST mania, and is due to be voted on in the Senate by the end of August in time for the Olympic Games. Under the pretext of ensuring public safety during the Olympics, the government and the Labor Opposition have combined to rush through the legislation which will permanently and fundamentally change the military's role. The Bill authorises the Prime Minister, the Defence Minister and the Attorney-General to advise the Governor-General (the Commander-in-Chief of the armed forces under the Constitution) to call out military personnel to deal with "domestic violence" that is considered a threat to the nation or one of Australia's states or territories. The words "domestic violence" do not refer to violence against family members or in the home. It is a vague and undefined expression derived from s.119 of the Constitution, which was intended to cover civilian disorder that the state police forces prove incapable of putting down. Today, the term "domestic violence" is widely interpreted to mean more than just "terrorism" and can include strikes, political demonstrations or riots. Already the term "terrorism" has been used by police and security forces to encompass protests such as those planned for the World Economic Forum in Melbourne in September. It is possible that "domestic violence" will be interpreted to include protests at the Olympics or the WEF. Section 119 of the Constitution provides that the federal government shall protect each state against domestic violence, but only on the application of the state's government. Section 51A of the Bill goes well beyond the existing s. 51 of the Defence Act 1903 (Cth), which is based on s. 119 of the Constitution. The new section will allow a military callout where the three ministers are satisfied that domestic violence is occurring "or is likely to occur" that will affect "Commonwealth interests" (also undefined), regardless of whether there is a request by any state or territory government. Section 51B retains an existing proviso in s. 51 that a state government cannot request reserve forces for use in an intervention to deal with an industrial dispute, but no such restriction applies to the use of the armed forces to protect Commonwealth interests. Nor is there a restriction on the use of the permanent military when requested by a State. Section 51G will prevent military personnel being utilised to "stop or restrict any lawful protest or dissent" but that limitation is for all practical purposes meaningless. Almost any political demonstration can be rendered "unlawful" by refusal of official permission (such as NSW's new Olympic security legislation). Once deployed, the military forces will have wide-ranging powers under Sections 51I to 51Y to seize premises, places and means of transport; detain people; search premises; and seize things. If the three ministers declare a "general security area" these powers will be expanded to provide for wider searches, including personal searches; the erection of barriers; and the stopping of means of transport. If a "designated area" is declared, the powers will increase further to stop and control movement; and issue directions to people. The most disturbing measures, however, are those contained in Section 51T on the use of "reasonable and necessary force". In essence, the section will allow military personnel to shoot to kill. They will be permitted to cause death or grievous bodily harm where they believe "on reasonable grounds" that such action is necessary to protect the life of, or prevent serious injury to, another person, including the military personnel. Both the government and the Labor Party have claimed that the Bill merely codifies the law that already exists. But the purpose of this section is to shield military personnel from actions or prosecution for assault, false imprisonment and homicide. As legal commentators have warned, without such legal protection, soldiers could, for example, face murder charges if they killed someone in the course of quelling a civil disturbance, even if they were acting under superior orders. In recent years, police killings of civilians have become commonplace in a number of states, with the police authorities invariably claiming that the killings were required for self-defence. The Bill will see the same power extended to troops, armed with even more deadly weapons, operating under conditions of serious domestic unrest. There are significant questions about the constitutionality of aspects of the legislation, more importantly, however, the bill will be a further increase in the para-militarisation of policing in Australia and a significant further step by the military into domestic politics. In 1978 the Fraser Government used the pretext of the Hilton Bombing and counter-terrorism in constructing a new national security apparatus based on extensive intelligence-military-police cooperation. Now the Olympics are being used as justification for further strengthening of this apparatus and its grip on civil society. Already the Olympics have been the pretext for increased funding and resources for the military special forces, sweeping new phone tapping powers for ASIO and unprecedented powers for police and security in NSW, this bill if passed will be another significant erosion of our civil liberties. Act Now Write, Ring, Fax or Email John Howard, Parliament House, Canberra, ACT, 2066 Tel: 02 6277 7700, Fax: 02 6273 4100 Kim Beazley, Parliament House, Canberra, ACT 2066 Tel: 02 6277 4022, Fax: 02 6277 8495 Email: [EMAIL PROTECTED] Meg Lees, Senate, Parliament House, Canberra, ACT 2066 Tel: 02 6277 3991, Fax: 02 6277 3996 Email: [EMAIL PROTECTED] Call media contacts, ring talk back and make a noise about this fundamental threat to our civil liberties. For more information: Damien Lawson 0418 140 387 The Greens Maillists - http://www.greens.org.au/ 110,000 visits per month & growing - visit Australia's premier progressive political site _________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com. 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