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  1. #891
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    Brandis has released the exposure draft of the changes to the RDA. The main problem is that the new defence (formerly 18D, now subsection 4) is now so broad that that it totally nullifies the prospect of any prosecution, no matter how egrerious the vilification or intimidation.

    At a minimum, the proposed amendment will need to restore the previous qualification to the defence that the comments were made "reasonably and in good faith". Otherwise he may as well delete the entire section and be honest about his intention to gut the Act.

    Here's a link to official request for comment on the exposure draft, with links to the proposed amendment.
    http://www.ag.gov.au/Consultations/P...onAct1975.aspx
    Last edited by JohnC; 25-03-2014 at 14:30. Reason: changed link to govt press release

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  3. #892
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    Busy-Bee is offline Offending people since before Del :D
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    Senate votes to block mining tax repeal legislation

    Interesting times...

    ETA: Good to see Abbott's focusing on the important issues...

    http://www.abc.net.au/news/2014-03-2...r-dame/5344646
    Last edited by Busy-Bee; 25-03-2014 at 17:30.

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    Atropos  (26-03-2014)

  6. #894
    SpecialPatrolGroup's Avatar
    SpecialPatrolGroup is offline T-rex is cranky until she gets her coffee.
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    Quote Originally Posted by Father View Post
    According to the definition that you provided, I would not want people to have that right. Are you saying that Bolt was 'abusively disparaging'? Can you give an example of comment of his that deserves that description?
    Sorry to digress but I have not had an opportunity to reply to this until now. I was not particularly addressing the content of Bolt's comment, more discussing the potential damage that may be done in softening of this part of the anti discrimination act.



    Sent from my GT-I9300 using The Bub Hub mobile app

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    Here is the planned changes:

    Freedom of speech (Repeal of S. 18C) Bill 2014
    The Racial Discrimination Act 1975 is amended as follows:
    1. Section 18C is repealed.
    2. Sections 18B, 18D and 18E are also repealed.
    3. The following section is inserted:


    1. “ It is unlawful for a person to do an act, otherwise than in private, if:
    a. the act is reasonably likely:
    i. to vilify another person or a group of persons; or
    ii. to intimidate another person or a group of persons,
    and
    b. the act is done because of the race, colour or national or ethnic origin of that person or that group of persons.
    2. For the purposes of this section:
    a. vilify means to incite hatred against a person or a group of persons;
    b. intimidate means to cause fear of physical harm:
    1. to a person; or
    2. to the property of a person; or
    3. to the members of a group of persons.
    3. Whether an act is reasonably likely to have the effect specified in sub-section (1)(a) is to be determined by the standards of an ordinary reasonable member of the Australian community, not by the standards of any particular group within the Australian community.
    4. This section does not apply to words, sounds, images or writing spoken, broadcast, published or otherwise communicated in the course of participating in the public discussion of any political, social, cultural, religious, artistic, academic or scientific matter.”


    What is the problem with that legislation?

  8. #896
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    Quote Originally Posted by Father View Post
    What is the problem with that legislation?
    From my post at 14:56

    The main problem is that the new defence (formerly 18D, now subsection 4) is now so broad that that it totally nullifies the prospect of any prosecution, no matter how egrerious the vilification or intimidation.

    At a minimum, the proposed amendment will need to restore the previous qualification to the defence that the comments were made "reasonably and in good faith". Otherwise he may as well delete the entire section and be honest about his intention to gut the Act.

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  10. #897
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    Quote Originally Posted by Busy-Bee View Post
    Senate votes to block mining tax repeal legislation

    Interesting times...

    ETA: Good to see Abbott's focusing on the important issues...

    http://www.abc.net.au/news/2014-03-2...r-dame/5344646
    I did read that Clive Palmer won't support the repeal of the mining tax either...

    http://m.smh.com.au/federal-politics...320-353oj.html

    And here is another classic from The Shovel

    http://www.theshovel.com.au/2014/03/...rement-system/

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    I guess this lady would know!

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    MrsHoward  (26-03-2014)

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    Quote Originally Posted by Father View Post
    I guess this lady would know!
    Considering he won't support her right to marry and openly says so, I don't think she does know.

  14. #900
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    Quote Originally Posted by Atropos View Post
    Considering he won't support her right to marry and openly says so, I don't think she does know.
    So 'homophobe' needs to be redefined as as???:

    A person who believes that marriage is between a man and a woman.

    That is clearly not what the word means.


 

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