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Down Under
PM offers premiers shoot-to-kill deal
2005-10-27
JOHN Howard has offered the premiers a deal over shoot-to-kill powers as fresh demands emerged last night for greater judicial review of the new anti-terror laws.

After widespread condemnation of a plan to release the legislation on Melbourne Cup Day, Mr Howard also conceded he was flexible about the timetable, as long as the counter-terrorism laws were in place before Christmas.
"The idea that Parliament, having decided to sit on Melbourne Cup day, you somehow or other calibrate the legislation to introduce on that day is ridiculous," he said.

Queensland Premier Peter Beattie confirmed last night that Mr Howard had written to all state and territory leaders yesterday offering a compromise on the shoot-to-kill powers.

"He's prepared to move in relation to the shoot-to-kill provisions ... and in preventative detention orders apply the law that applies in each of the states," Mr Beattie said.

"Whatever applies in state law will apply."

The compromise will allow Federal and State police to use lethal force when taking people into preventative detention, but the changes will be enshrined in the Crimes Act rather than the terrorism legislation.
With the deadline of tomorrow looming for Federal, State and Territory leaders to reach agreement on the legislation, NSW Premier Morris Iemma said he would demand greater powers for judges to review proposed detention orders on their merits rather than merely on technical points of law.

Mr Howard said the advice of Government lawyers did "not really" contain anything suggesting the proposed laws were unconstitutional.

The Australian revealed yesterday that the Australian Government Solicitor's chief general counsel, Henry Burmester QC, had warned last month they represented an "untested area" of the law and there was "no guarantee" they would withstand a High Court challenge

"There was nothing in the advice that I received that gave me serious pause to think there was any problem with constitutionality and it was couched in language very similar to things I have seen in relation to many things the Government has done," Mr Howard said in Madang, New Guinea.

The Prime Minister said he did not mind changing the wording on the "shoot-to-kill" provisions covering the apprehension of terror suspects.

Despite Mr Howard's assurances, Mr Costello said ultimately only the High Court could provide a final ruling.

However, the Treasurer last night rejected any suggestion his remarks represented anything beyond a statement of legal fact.

"I defended the legislation ... I have not questioned the constitutional validity. Not for a moment," he said.
Posted by:God Save The World AKA Oztralian

#2  The Emirates Melbourne Cup is "Australia's premier horse race." Sort of the Derby Downunder. Isn't there something in the Sharia against gambling?
Posted by: Slerert Jolet6633   2005-10-27 14:02  

#1  They sure are pissed this is happening on Melbourne Cup Day.
What the hell is Melbourne Cup Day?
Posted by: tu3031   2005-10-27 13:35  

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