NO POWER FOR OZ MILITARY CHECKPOINTS


NO POWER FOR OZ MILITARY CHECKPOINTS –  The ch7 QLD Film of Yesterday’s Yarrabah CP https://www.facebook.com/watch/?v=549286685989240


The Military call-out by the Australian Governor General (MY FORMER COMMANDING OFFICER) for enforcement actions or stop and search in relation  to corona virus  biosecurity zones in Australia is NOT AUTHORISED BY S119 OF THE CONSTITUTION OR http://classic.austlii.edu.au/au/legis/cth/consol_act/coaca430/s119.html      S28(3)(f) ,30-40 OF THE CTH DEFENCE ACT 1903 .  CH7 FILM OF THE YARRABAH CP 7/4/2020  https://www.facebook.com/7NEWSTownsville/videos/549286685989240/


They LAWFULLY DO NOT ,FOR CIVIL AID, HAVE THE POWER OF MANNING CHECKPOINTS , STOP OR SEARCH. It is not a domestic violence situation for the purposes of s119 or the defence act . Such things are unlawful.


The call out order must be presented to parliament under  http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/da190356/s51za.html


The defence ministers media release of 1 April 2020 is here https://www.minister.defence.gov.au/minister/lreynolds/media-releases/expansion-adf-support-covid-19-assist

The “DAILY UPDATE - Defence response to COVID-19” site for 7 April 2020 is here
https://news.defence.gov.au/national/daily-update-defence-response-covid-19


It says in Part “The ADF will not be authorised as law enforcement officers as this remains the responsibility of the states and territories” 


And goes on to say that in Qld “69 personnel are providing support to Queensland Police to protect Indigenous communities”


Last night , 7 April 2020, ch7 Townsville ran a story including film of Army helping to man a checkpoint reportedly near the far north town of Yarrabah the facebook link to that story is here
https://www.facebook.com/7NEWSTownsville/videos/549286685989240/  The road sign clearly states and offence and fine for breaching the road block and army is shown to be in company of Qld Police. Any person without knowledge of the law would assume that the army had power to detain them and that they must follow the army’s orders to stop and be searched .

 Soldiers cannot act as police unless they are appointed special constables under the Qld Police Service Administration Act 1990 s5.16  http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/psaa1990301/s5.16.html    but cant be directed to do so    ,  but for terrorist incidents that only applies to interstate/territory and federal police s5.17 http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/psaa1990301/s5.17.html


CTH DEFENCE ACT 1903
http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/da190356/

SECT 28
Governor-General may call out Reserves
             (1)  The Governor-General may, by call out order published in the Gazette, call out some or all of the Reserves for continuous full time service.
             (2)  A call out order is not a legislative instrument.
Circumstances for call out order
             (3)  However, a call out order may only be made in circumstances (whether within or outside Australia) involving one or more of the following:
                     (a)  war or warlike operations;
                     (b)  a time of defence emergency;
                     (c)  defence preparation;
                     (d)  peacekeeping or peace enforcement;
                     (e)  assistance to Commonwealth, State, Territory or foreign government authorities and agencies in matters involving Australia's national security or affecting Australian defence interests;
                      (f)  support to community activities of national or international significance;
                     (g)  civil aid, humanitarian assistance, medical or civil emergency or disaster relief.
Advice to Governor-General
             (4)  In making or revoking a call out order, the Governor-General is to act with the advice of:
                     (a)  the Executive Council; or
                     (b)  if, after the Minister has consulted the Prime Minister, the Minister is satisfied that, for reasons of urgency, the Governor-General should act with the advice of the Minister alone--the Minister.
When call out order takes effect
             (5)  A call out order takes effect on:
                     (a)  the day specified in the order; or
                     (b)  if no day is specified--the day on which the order is published in the Gazette.
When revocation takes effect
             (6)  A revocation of a call out order takes effect on:
                     (a)  the day specified in the revocation; or
                     (b)  if no day is specified--the day on which the revocation is published in the Gazette.
Effect of revocation
             (7)  To avoid doubt, if a call out order is revoked the call out under that order ends.
Further orders
             (8)  The making of a call out order in relation to particular circumstances does not prevent the making of further call out orders in relation to those circumstances.

See s30-40  PART IIIAAA--CALLING OUT THE DEFENCE FORCE TO PROTECT COMMONWEALTH INTERESTS, STATES AND SELF-GOVERNING TERRITORIES

      http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/da190356/

They do not appear to be appointed even as “Authorised officers” under the CTH Biosecurity Act either but that doesn’t appear to be a power they can have .

Whilst all persons and citizens have citizens arrest powers under the Qld Criminal Code s245-246, s260, s266, 274-278 and s546(c ) and (d)   http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/cc189994    and division 4 s3Z  http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ca191482/     of the CTH Crimes Act 1914 , and may be directed to assist police under the Qld Code  s546(a) http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/cc189994/s546.html    , they must disobey unless that direction is lawful under s31 (1) of the Qld Code http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/cc189994/s31.html


If Army directs a person to stop , all evidence against that person can be excluded in any trial on grounds of unlawfulness https://jade.io/search/exclusion+of+evidence+unlawfulness    and after proceedings , the person can sue for false imprisonment https://jade.io/search/proximity+false+imprisonment

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