Premier-in-waiting Mark Speakman proves, as predicted, that he cannot defend us from terrorism-Seems preoccupied these days with domestic violence issues
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by Ganesh Sahathevan
As mentioned before, the Department Of Justice has no business in trying to burnish its Minister's image, or protect him from criticism. As this writer has noted before, the Attorney General NSW , and premier-in-waiting, Mark Speakman, does not appear to have what it takes to keep us safe from terrorism; he has had trouble enough trying to manage far simpler issues like the administration of the Oaths Act 1900. Readers are reminded that Speakman allowed his department to unlawfully exclude ministers of religion as even witnesses of statutory declarations, and even when alerted to the fact refused to rectify the matter.
While this writer was than concerned with operational counter-terrorism issues, it now appears that Speakman who is considered a future premier of NSW and has had many years experience as a barrister, is not even able to ensure that the relevant legislation is up-to-date.
While previously pre-occupied with interfering in religious freedom, the AG seems these days pre-occupied with domestic violence, constantly tweeting on the subject.He has had little if anything to say about terrorism in the past year.
The Berejiklian government has had to rush a terror law into parliament after it discovered it had allowed a terrorist offence to lapse under a sunset clause contained in earlier terror legislation.
Attorney-General Mark Speakman claimed in the Legislative Assembly on Tuesday that the lapse, while it should not have occurred, was not too alarming because the offence was already covered by federal legislation.
But Labor’s upper house leader Adam Searle said the government could not have it both ways and claim that the lapse did not matter and rush the bill into the parliament.
On Tuesday, Mr Speakman told parliament: “Yesterday the Department of Communities and Justice advised me that part 6B of the Crimes Act 1900 had been automatically repealed after a sunset clause took effect. Part 6B contains the New South Wales offence of membership of a terrorist organisation.
“Given the identical Commonwealth offence in section 102.3 of the Criminal Code, the automatic repeal of part 6B has no operational impact and poses no risk to community safety. The counter-terrorism minister, and member for Lane Cove, and I have directed the secretary of the department to ensure that in future robust procedures in place for reviewing forthcoming timed repeal of regulations also apply to timed repeal of statutes.
“Out of abundance of caution the government is moving an amendment to the Justice Legislation Amendment Bill … The sunset clause in section 310L is not proposed to be reinstated so that the New South Wales offence of membership of a terrorist organisation will be permanently retained. I commend the amendments to the House.”
The Shadow Attorney-General Paul Lynch retorted: “The Opposition does not oppose the amendments but I have to say this is utterly extraordinary. There is a sunset clause and someone forgets to renew the thing before the sunset clause comes into effect. The government keeps telling us how seriously it takes the threat of terrorism. It is one of the greatest threats to our society, yet this government cannot keep the offences against it on the statute book. It is utterly extraordinary.”
by Ganesh Sahathevan In the recent Federal Court Australia decision in Faruqi v Hanson Mr Justice Angus Morkel Stewart (Stewart J) found at [242]: I am comfortably satisfied that both groups of people in Australia that I have identified, being persons of colour who are migrants or of relatively recent migrant heritage and persons of colour who are Muslim, are reasonably likely, in all the circumstances, to have been offended (ie profoundly and seriously), insulted, humiliated and intimidated by Senator (Pauline ) Hanson’s tweet. The case concerned a tweet that One Nation leader Pauline Hanson directed at Deputy Greens leader Senator Mehreen Faruqi. Mehreen is Pakistani Muslim who continues to advocate for Pakistan as a senator of the Senate, Parliament Of Australia. Senator Hanson wrote in her tweet "piss off back to Pakistan" after Senator Faruqi commented on the death of Queen Elizabeth II. While Stewart J's has hand...
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‘Extraordinary’ NSW terror law lapse
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