Do we live in a 'police state"?

[Bruce]

I sure agree with OME and with space about the ATO. They probably sit in a dungeon with torture machines around while they hatch their plots of extorting money with menaces. 

 

A mate of mine was prosecuted by the ATO using evidence stolen from his accountant by the accountant's bitter ex, who had the keys to the files from the time the accountant had employed him.  He stole random files and gave them to the ATO in order to punish his ex-wife.

 

Fruit of the poisoned tree? A classic example. Maybe a rich man could have fought it on those grounds, although this is not the US.

 

I don't know if there is that defense in Australia.

 

 

[Litespeed]

No defence. As long as they receive the files in good faith.

 

So they can accept any file from any source. Just they can't ask you to steal it. 

 

This has been through the high court recently with the Panama papers. 

 

 

[old man emu]

Regulations in legislation are the minutiae that makes the content of an Act work. The Act sets out the major things that the Act governs, and usually allows for imprisonment for breaches of the Act. The Regulations to the Act sets out the do's and don'ts and sets out non-custodial penalties for breached of the Regulations.

 

The Civil Aviation Act has its main objective the establishment of a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents. Under the umbrella of the Act we have the CARs and the CASRs. 

 

The content of an Act can only be changed with the approval of both Houses of Parliament, but the Regulations can be amended by the Minister responsible. Usually it's the bureaucrats who draft the Regulations and drop them on the Minister's desk for rubber-stamping.

 

Getting back to the topic, here's one bloke's opinion of an over-regulated State. Fast forward to time 4:48 for what is relevant to this discussion.

 

 

[onetrack]

OME, you've missed out on listing a video link.

 

 

[old man emu]

OME, you've missed out on listing a video link.

 

Here's the Missing Link 

 

 

 

 

[onetrack]

How did you get hold of that photo of my MIL?? 

 

 

[pmccarthy]

I think he pulled it from a dating website.

 

 

[facthunter]

I'll trust your obviously superior knowledge on that subject. Currently I'm utterly lacking experience in this area . Perhaps in the future you maybe able to assist me if the need arises .Nev

 

 

[Bruce]

Thanks litespeed, I had wondered about that aspect of the case where stolen files were used. Gosh we have fewer protections than in the US in some ways, or is their version of the ATO just as bad? 

 

I would have fought the republic referendum by asking people if they really wanted to remain subjects or become free citizens.

 

Alas you have to be old to even remember the event.

 

Another protection we seem to lack is double jeopardy. The ATO appealed the original penalty and my mate had no money after his first case to defend the appeal.

 

And I wonder if there is any regular sanity test for judges? What if one gradually succumbs to alzheimers for example?

 

 

[facthunter]

 Avoid police and the court scene like you avoid low airspeed and the edge of the sky. Nev

 

 

[Bruce]

I sure have Nev. A few weeks ago I was near the local courts and wondered about going in and being a spectator. A good way to learn the facts of life, I thought.  But too busy so far. Does anybody know if you can just wander in?

 

 

[facthunter]

I think you can . It will be very depressing. Nev

 

 

[old man emu]

All criminal courts, except Children's Courts are open to the public. Sometimes parts of a matter might be heard in camera, but that's unusual and both sides would have to argue the case for closing the court to the public. I don't know about Family Law courts. Civil jurisdiction courts are also open to the public.

 

For those whose only experience of courtroom drama has been through the likes of Perry Mason and Matlock, then the real thing can be an eye-opener, or a big yawn. If you want to go into a courtroom, try not to enter while a witness is being examined. Enter the courtroom, and if the Magistrate or Judge is sitting, pay respect to the Court and the Crown by a slight bow. Then take a seat in the public gallery. Make sure that you turn off your phone and put it away before you enter the courtroom.

 

You should pick your days to go to Court. Local, or Magistrate's Courts usually have one day of the week set aside to sort out the Court diary. It is called the List Day. It's the day when people who have been charged since the last List Day, or whose matters were put over for "plea or mention" turn up. In the before-lunch period, most of the work is administrative. After lunch the Court might hear a few "guilty" plea matters and bail applications.

 

If you want to follow a matter through the Courts, turn up there about 9:30 am and read the Charge List. Then go into the courtroom and when that matter is called, listen to find out when it will be adjourned to for hearing. Then go along on that day and sit in the back of the court to see how matters are heard in Australia.

 

You owe it to yourself to choose to sit in on a courtroom at least once in your life.