[AusNOG] Assistance and Access Bill moves to PJCIS

[Michelle Sullivan]

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 <paulwilkins369 at gmail.com 
> <mailto:paulwilkins369 at gmail.com>> 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
>     <paulwilkins369 at gmail.com <mailto:paulwilkins369 at gmail.com>> 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
>         <paulwilkins369 at gmail.com <mailto:paulwilkins369 at gmail.com>>
>         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
>             <surfer at mauigateway.com <mailto:surfer at mauigateway.com>>
>             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/