OZ MILITARY MUST RETURN TO BARRACKS – CHECKPOINTS ILLEGAL
UPDATE
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OZ MILITARY MUST RETURN TO BARRACKS – CHECKPOINTS ILLEGAL
There were no circumstances where the GG had power under s119 to order
the military to be allowed to be used on covid 19 checkpoints on the Qld
borders and in north Qld . It is unconstitutional for the reasons stated on my
blog here https://cynicismcentraltownsvilleaustralia.blogspot.com/2020/04/oz-military-must-return-to-barracks.html
The “DAILY UPDATE - Defence response to COVID-19” site for 7
April 2020, and as at 15 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”
“· Current nation-wide Defence support
includes:
·
Reconnaissance and planning support teams to all
state and territory governments to assist with emergency response planning.
·
Contact tracing teams to work with authorities.
·
Supporting law enforcement agencies
with mandatory quarantine arrangements for air arrivals into Australia.
· The ADF will not be authorised as law
enforcement officers as this remains the responsibility of the states and
territories.”
And the 7/4/20 release stated that in Qld “69 personnel are providing
support to Queensland Police to protect Indigenous communities”
It is the call out notice by the GG and minister which is relevant.
If the military are unarmed, and no circumstance exists for them to be
armed, then no circumstance exists that allows them to be used IN THIS
CIRCUMSTANCE AND THIS CAPACITY.
Further
to that , where civil liberties are concerned , and in this case , whether the military can “invade” civil
society under s119 you can apply cases dealing with police actions invading
liberty . There must be strict compliance with the statutes. The requirements
of s119 of the constitution and s28 or s30-40 of the defence act.
Drew
Cuthbertson v State of New South Wales; Daniel Fletcher v State of New South
Wales [2017] NSWDC 367 Pars [56]-[60]
https://jade.io/article/566695?y=1410
In Inness v Weate (1982) 12 ACRIMR at page 45. Tasmanian Supreme Court
Justice Cosgrove said “I do not accept
the suggestion that a remote possibility of a breach of the peace will call up
a duty in a constable to act. The power to give orders restricting the personal
liberty of citizens is a special power. It does not exist until a constable has
a duty to exercise it. Thus the power to restrict the liberty only arises when
it is, or appears to be, necessary to do so. It is necessary to restrict only
when the risk to injury to property and the nature of the threatened injury is
such to warrant the proposed degree of restraint. It is always a question of
balance but basically restriction of liberty is for the constable the last
resort”.
And it was further stated that,
“nor do I accept the
proposition that a constable is clothed with a duty to act once his superiors
have ordered him to do so.”
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OZ MILITARY MUST RETURN TO BARRACKS – CHECKPOINTS ILLEGAL
Previous Blog
Post https://cynicismcentraltownsvilleaustralia.blogspot.com/2020/04/no-power-for-oz-military-checkpoints.html
Because the army is unlawfully and unconstitutionally manning
covid 19 check points alongside Qld police at Qld’s southern borders and in far
north aboriginal communities , and the media
has done nothing , the police have done nothing , the magistrates have done
nothing , a citizen or group of them may give the order for the military to
return to barracks under s260-263 of the Criminal Code of Qld . (S264-5 are no
longer in effect and the CTH Defence Act is the go to Act.)
This can be done by attending a
very public checkpoint on the Qld side of the border with media. An order must
be read out loud to the military that s119 of the constitution and s28(3)(g )
of the Defence Act and s30-40 does not authorise them to man checkpoints and
stop vehicles in this situation . The order by the Governor General and defence
Minister to call troops out for this purpose and they must return to barracks.
Call on the cops to join you or
face arrest if they intervene.
If they refuse, you must push them
in the shoulder and the cops will come in to defend them which is an unlawful
use of force. This then, because they are armed and will call others to help
them constitutes a riot or the apprehension that a riot will commence. You
should keep 2 mobs in reserve and wait for the coppers to commit and get them
on the ground and arrest them. When the coppers charge YOU however, you can
fight the validity of everyone’s actions and sue for false imprisonment.
246 Assaults unlawful
(1)
An
assault is unlawful and constitutes an offence unless it is authorised or
justified or excused by law.
You
can state to Qld police aswell , what I told them about how they can be
arrested in this YOUTUBE Video https://www.youtube.com/watch?v=E3a4z9rn_Nw&feature=youtu.be that any hostile act will be an offence by officers
under s92A(1)(c) , s131(1) , s245(1) , s246, s260 , s335 ,
340(1)(a)-(c)-(d) and s408(C ) (1) €, (f) and (g) ) of the Qld Qld Code
260 Preventing a breach of the
peace
It is lawful for any person who
witnesses a breach of the peace to interfere to prevent the continuance or
renewal of it, and to use such force as is reasonably necessary for such
prevention and is reasonably proportioned to the danger to be apprehended from
such continuance or renewal, and to detain any person who is committing or who
is about to join in or to renew the breach of the peace for such time as may be
reasonably necessary in order to give the person into the custody of a police
officer.
261 Suppression of riot
It is lawful for any person to use
such force as is necessary to suppress a riot, and is reasonably proportioned
to the danger to be apprehended from its continuance.
262 Suppression of riot by
magistrates
It is lawful for a justice to use
or order to be used such force as the justice believes, on reasonable grounds,
to be necessary in order to suppress a riot, and is reasonably proportioned to
the danger which the justice believes, on reasonable grounds, is to
be apprehended from its
continuance.
263 Suppression of riot by person
acting under lawful orders
(1) It is lawful for any person
acting in good faith in obedience to orders, not manifestly unlawful, given by
a justice for the suppression of a riot, to use such force as the person
believes, on reasonable grounds, to be necessary for carrying such orders into
effect.
(2) Whether any particular order so
given is or is not manifestly unlawful is a question of law.
NO POWER
FOR OZ MILITARY CHECKPOINTS – The ch7
QLD Film of the Yarrabah CP on 7 April 2020 https://www.facebook.com/7NEWSTownsville/videos/549286685989240/
(see also
my previous note on this matter containing the emergency laws https://www.facebook.com/notes/pat-coleman/qld-emergency-and-police-powers-and-cth-laws-as-they-apply-citizens-rights-and-c/10155372707549759/
)
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 .
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
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”
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
SECT 28
(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.
(3) However, a call out order may only be made in
circumstances (whether within or outside Australia) involving one or more of
the following:
(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
(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.
(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
(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
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
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
and the PPRA , 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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