Commonwealth – Law Enforcement & Order, Commonwealth Law & Justice
By : Robert “Bob” Spanswick is a former senior Customs officer and a former National Secretary of the Customs Officers Association.
Platform Policy advise to Government to include the RICO ACT in 2016
1. Introduce a Commonwealth US Style “Racketeer Influenced & Corrupt Organizations Act (RICO)” based on the RICO statute of the Organised Crime Control Act 1970 with the Australian Federal Police as the lead agency jointly responsible with the Commonwealth Director of Public Prosecutions, but the Australian Crime Commission (ACC) and Customs now called Australian Border Force (ABF) would be empowered in legislation to use a proposed RICO Act and all its provisions in their respective operations and investigations either jointly, independently of each other or of the AFP.
The proposed RICO Act would be linked to the current Proceeds of Crimes Act 2002 for all Commonwealth agencies with a new mandated policy under legislation for criminal asset seizure action for any listed RICO offence and related linked respective State/Territory criminal assets seizure recovery laws for all State agencies with legislation enacted to allow this.
The proposed RICO Act would a apply within Australia, its states, territories and internationally to the extend that Australian law can be apply to all citizens or non-citizens , Australia registered companies or organisations, Australian controlled companies or organisations which are registered in foreign countries regardless of where those activities are conducted.
The RICO provisions would apply to all non-citizens residing within Australia, all foreign companies, or entities including sovereign fund entities, recorded or registered as operating in Australia including those operating into Australia via offshore platforms or via the internet.
A recent example in 2016 where a new RICO Act would apply is in the media now is, the “Panama Papers” scandal involving a Panamanian law firm Mossack Fonseca with allegations linked to Australians and citizens of many countries involving money laundering, criminal tax evasion, aggravated tax fraud, bribery, false bank accounts, illegal transfer of public monies, public theft, bribery of officials, corruption of public officials and abuse of public office, illegal money transfers and exposing patterns of organised criminal activities designed to avoid compliance with legislation of Australia, and other countries.
The RICO Act would include internet offences such as recent reports of fraud involving Bitcoin exchange transactions and any criminal offences using the internet.
A.The Australia style RICO Act would include all Commonwealth serious criminal offences of penalties of more than 12 months in prison as listed in the Criminal Code Act 1995 or any other Commonwealth legislation with such penalties of more than 12 months in prison.
The RICO provisions applying where evidence of a pattern (the pattern rule) of organised criminal behaviour either by individuals or groups is linked to a second offence or subsequent offences of any the proposed listed RICO offences which occurs within ten years of the first date of such a listed offence being a conviction recorded by a court or tribunal, regardless of any appeal outcome or date such appeals are heard.
B. The proposed RICO Act would mandate under legislation prisons sentences with no parole periods allowed unless the court hearing the RICO charges had been shown that defendants have provided, both full assistance to law enforcement or security agencies in any investigations of that RICO listed offence/charge including knowledge of other possible RICO offences by other persons or entities and has pleaded guilty at the earliest possible point in any RICO legal trial or proceedings.
In the Australian proposed RICO Act it would replicate the US provisions within our legal systems such as where “The RICO Act provisions provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them in doing, closing a perceived loophole that allowed a person who instructed someone else to, for example, murder, to be exempt from the trial because he did not actually commit the crime personally”.
“In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts” 
“RICO also permits a private individual "damaged in his business or property" by a "racketeer" to file a civil suit. The plaintiff must prove the existence of an "enterprise". Both the criminal and civil components allow the recovery of treble damages (damages in triple the amount of actual/compensatory damages)”. 
“Although some of the RICO predicate acts are extortion and blackmail, one of the most successful applications of the RICO laws has been the ability to indict and or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with federal law enforcement or intelligence agencies.” 
“Violations of the RICO laws can be alleged in civil lawsuit cases or for criminal charges. In these instances charges can be brought against individuals or corporations in retaliation for said individuals or corporations working with law enforcement. Further, charges can also be brought against individuals or corporations who have sued or filed criminal charges against a defendant” 
“RICO laws can be applied in an attempt to curb alleged abuses of the legal system by individuals or corporations who use the courts as a weapon to retaliate against whistle blowers, victims, or to silence another's speech.
RICO could be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to concoct fictitious legal complaints solely in retribution and retaliation for themselves having been brought before the courts.” 
C. The proposed Australian RICO Act would also include all terrorism offences, funding of terrorist acts or funding of groups and ongoing criminal activities linked or related to such offences, any organised crime groups or gangs including all individuals within or linked in any way to such activities or groups within the Criminal Code Act 1995, any use of illegal firearms or prohibited firearms or weapons such as under the Customs Act 1901 i.e. under Section 233BAB – special offences tier 2 within its Customs (Prohibited Import) Regulations 1956 with penalties of 10 years prison or fine up to 2,500 penalty points (equal to $450,000 dollars) or both and the use of any firearm in any serious criminal offence as listed under the proposed RICO Act would bring a penalty of 5 years in prison as well as the main RICO charge or offence under investigation.
D. RICO would listed all corruption and serious misconduct in public office offences, abuse of public office, bribery of any public officials or attempts to bride regardless where the bribery or attempt to bride occurred within Australia or outside Australia.
E. All child sexual offences, illegal imprisonment, trafficking offences linked to such criminal offences against children, minors or under aged persons (under 18years or otherwise determined by legislation ) at the Commonwealth level, the RICO offences involving children would also apply where it occurred across state borders in two or more states or where children have been removed from Australia, either lawfully or unlawfully and the RICO listed child offences which occurred outside Australia i.e. sexual mutilations of females for cultural practices or faith based reasons.
F. Finally the proposed RICO would list such State based serious criminal offences or organised crimes or ongoing activities such as violation of state statutes against secret commissions, illegal gambling, murder, kidnapping, gang or group sexual assaults, extortion, arson, robbery, bribery.
G. The proposed RICO Act would list for the first time serious environmental crimes i.e. organized illegal dumping of toxic waste or asbestos, organized criminal cover-ups of ground water pollution or contamination and or illegal pollution or contamination of the ocean within Australian territorial waters or the Australian Exclusive Economic Zone, organized illegal fishing activity involving or linked to criminal groups or gangs. Dealing or trafficking in a controlled substances, illegal drugs or listed chemicals (as defined as an example in NSW Drug Misuse and Trafficking Act 1985 or as defined in other state laws).
H. This listing of RICO offences from the States/Territory of Australia would be via approval of the COAG meetings with supporting legislation which has been passed, enacted by the States/Territory Parliaments so as to have unformed State serious criminal offences within Australia listed under the RICO Act.
- The proposed RICO Act would also authorise State Police, the NSW Crime Commission, new Law Enforcement Conduct Commission (LECC) or other like agencies to use a Federal RICO Act where they uncover such RICO listed offences during State related criminal investigations as happens now under the Customs Act 1901 with State Police for Customs related offences i.e. seize illegal firearms under Customs (Prohibited Import) Regulations. The new laws would allow under the proposed RICO Act prosecution in courts either jointly with the Commonwealth Director of Public Prosecutions or alone by respective State/Territory Police and any State Director of Public Prosecutions.
The RICO legislation would require also respective State agencies to advise as soon as able to without comprising any State based RICO investigation to the Commonwealth Director Of Public Prosecutions (CDPP) after such charging or when using a RICO provisions against any persons, groups, companies or entities. This will avoid Commonwealth or State agencies damaging either RICO investigations or operations or exposing such to suspect persons or entities under RICO investigations.
Importantly this proposed RICO law would cover most if not all the offences uncovered and most recommendations by the recent 2015 Heydon Royal Commission into Trade Union Governance and Corruption exposing those corrupt businesses and organised crime links in a particular illegal use of unions funds or secret commissions between business and unions.
The RICO Act would also deal with Out Law Motorcycle Gangs (OMCG’s) criminal activity presently being debated in Australia, about what legislation is needed to address this public issue.
There would be no need for costly public funded oversighting bodies for unions or business like the ABCC except those currently in place.
A RICO Act deals with every organised ongoing serious criminal activity with the addition of criminal assets seizure provisions linked to every RICO offences using either criminal or civil/administrative sanctions.
A new powerful RICO Act would work in conjunction with other laws and administrative directions, arrangements and MOU's between agencies which can be easily enacted to allow this process and compliance with respective laws of the Commonwealth, the States and Territories.
Evidence of a RICO Act effectiveness:
According to the investigative Australian journalist Evan Whitton in his book titled “Our Corrupt Legal System” (Why Everyone is a Victim Except Rich Criminal ) at page 189 of his book, Whitton writes,
- “RICO’s effect on the Mob confirmed that the pattern rule perverts justice on a huge scale. It put away 23 previously untouched Mafia bosses throughout the US between 1981 and 1992. Rico was used to imprison 70 white collar organised criminals in Chicago: 20 judges and their 50 bagman (lawyers and court officials) between 1984 and 1991”.
Furthermore the public case for an Australian RICO Act is in the US legal paper titled THE USE OF RICO IN THE WAR AGAINST TERROR by Anne-Laure Perquel April 2015 it was noted,
“While it was originally aimed at combating organized crime, the Racketeer Influenced and Corrupt Organizations Act has been subject of much recent debate regarding its possible uses in the fight against terrorist organizations and in particular how they are funded. The US legal community has come to acknowledge that terrorist organizations often engage in similar patterns of activity as the Mafia and therefore many have come to wonder if RICO could be used domestically and abroad to curb the growing terrorist threat.
In his address to Congress days after the 9/11 attacks President Bush stated that “Al-Qaeda is to terror what the mafia is to crime. But its goal is not making money; rather its goal is to remake the
This statement led to considerable debate amongst legal professionals as to whether or not claims brought against sponsors of terrorism and terrorist organizations under RICO could be successful. Civil RICO holds the potential of becoming a significant weapon against terrorism as its provisions allow private individuals to contribute to a mechanism which involves interfering with the financing of terrorist cells”.
Further reference see –
2. Reinstitute Customs Schedule 4 Warrants under the Customs Act 1901 for Australian Border Force (Customs) officers and for use by State Police officers or Territory Police who have been authorised since 1901 to seize Prohibited Imports such illegal drugs, illegal firearms or illegal imported goods. These Customs warrants would allow State Police to both search, seize and prosecute any persons for any prohibited imports uncovered during any state police operations or investigations. These warrants would also be authorised to such State agencies such as the NSW Crime Commission and the new Law Enforcement Conduct Commission (LECC) which commenced in 2016.
State Police are currently do about 95 percent of the heavy lifting of seizing prohibited imports (PI’s) which are the property of the Commonwealth detected beyond the Customs control area at point of importation as ABF (Customs) in the last ten years plus has rarely if ever (as per any check of Customs media releases or Customs annual reports would reveal) seized or prosecuted those persons linked to Customs PI’s when detected by State or Territory Police or law enforcement agencies.
3. The Commonwealth and State Governments consider outsourcing the legal detention of State & Commonwealth inmates for certain offences; this would include- overseas prisons for non-citizens and legislation for local Australian controlled private detention/prison facilities allowing legislative mandated 5-6 day a week outside public supervised low security “community work activity” and or armed supervised higher security prisoner groups or work gangs” (all subject to security/national security assessments by respective corrections/prison, police or security agencies) for city, regional & country areas of Australia for government public works, maintenance programs for local government areas i.e. inland rivers ,long paddock - stock routes vegetation clearance & maintenance, port areas, harbours, coastline & beaches rubbish clearance& maintenance, major roads, highways, freeway or tollways vegetation clearance & maintenance, national parks vegetation, rubbish clearance & maintenance and after major public event clean ups i.e. New Years Eve or Sporting events.
- Persons convicted of any terrorist/treason offences not to be considered for these community work or work groups programs unless approved by respective Police Commissioner, the Director-General of ASIO and respective Director of Public Prosecutions as all agencies must approve.
- All or any payments made to prisoners for any work done in these work programs would be allowed only after any public costs incurred were deducted from costs incurred to taxpayers for such programs or payments required to victims of crime, crime fund orders made by courts against respective prisoners.
4. Introduce an recidivist’s provisions/clause within the Criminal Code Act 1995 – Sections 100 to 106 relating to Terrorism offences, with any person convicted of any Terrorist offence under the Act a second time, that the sentence for the second time offence be a minimum 25 years to life in prison without parole unless the person is a non-citizen and then that person is deported after the minimum sentence has been served.
Similar provisions linked to the proposed “RICO Act” where all terrorist offences will also be listed under that proposed RICO legislation.
- Bail to refused on all terrorist related charges and if convicted of terrorist offences, bail refused pending all appeal cases, unless bail is support by the respective Police Commissioner or Commissioner of ABF (Customs), the Director-General of ASIO and the respective Director of Public Prosecutions, either Commonwealth or State/Territory.
5. Introduce a reverse onus of proof provision, clause or Act for any criminal assets seized or identified or linked as being used for all criminal activity under any Commonwealth legislation including the Tax Act, Customs Act 1901 and Customs related laws and including the Criminal Code Act 1995 provisions including to all Terrorist offences, where criminal assets are uncovered by Commonwealth Law Enforcement agencies, or by State Police agencies in joint task forces or Crime Commission type hearings at the Commonwealth or State level.
This would include the proposed Commonwealth “RICO Act” where any criminal assets were seized or identified as used for criminal activity either within Australia, beyond including territorial waters and the within the declared Australian economic zone, overseas in any international declared area and within any country listed as a member of the Commonwealth of Nations, member the UN or member of Interpol, for any second charge or conviction of a second offence listed under the proposed RICO Act.
According to the current report in 2015 its report “The Costs of Serious and Organised Crime in Australia 2013-14” to Parliament, the Australian Crime Commission stated crime in Australia costs $36 billion (equal to 4.1 percent of Australia’s GDP) reported the value loss against the Australian economic and people.
If legislation enacted under both a RICO Act and the proposed reverse onus of proof provision of legislation on criminal assets, would in time destroy the criminal business plans for most organised crime groups within Australia in next to no time. It would provide the Commonwealth Parliament and the Governments of the day a major boost to ongoing revenue streams in the billions of dollars for all budget programs and as well as returning stolen moneys/assets to private citizens who have been victims of organised crime activity.
Commonwealth Law / Order Health drug rehabilitation & crime cost recovery
6. The Commonwealth to pay any medical costs for any drug effected illegal drugs persons (note - Australian citizens or persons granted permanent residency only) who are medically treated. The Commonwealth to paid all costs including drug rehabilitation, patients to pay back the Commonwealth all such costs as per the High Education Charge (HEC) program except there would be a minimum payment set by the Parliament and if repayment refused, Government court action taken i.e. garnish wages, ATO recovery system and or seize any assets located within Australia or overseas for sale and cost recovery under amended provisions of the Proceeds of Crime Act 2002.
- Any person on a State Drug court approved drug rehabilitation programs would also be eligible for this Commonwealth support program.
- Any persons registered with this paid drug medical program must undertake drug rehabilitation programs, any person convicted of any drug offences must undertake court sanctioned drug rehabilitation programs.
But if refusal by persons convicted or second time drug offenders occurred they will face mandated normal jail terms as per court sentence for that drug related offence under the respective legislation either Commonwealth or State/ Territory.
- In support of this Commonwealth funded program, the States/Territory to agree to mandated legislation for cost recovery action against any persons charged with drug supply or trafficking offences in all court sentencing, apart from normal seizure of criminal assets recovery action linked to those charges.
- Those State court recovered funds to be used to support State/Territory funded “Victims of Drug Crimes” programs i.e. persons assaulted or injured by drug affected persons.
Commonwealth/ State/ Territory Public Infrastructure
7. Rail Infrastructure –
A. Complete the Maldon – Dombarton rail freight link to Great Southern line to Port Kembla. Will remove all coal & freight trains from Sydney metro basin lines freeing up all rail Sydney basin passenger and other freight lines including interstate rail links. This would remove all coal trains traveling via or through the seat of Banks in particular.
B. Reopen the Blayney-Demondrille for rail freight line via Harden Y junction to Bathurst to free up freight lines and link major rail freight lines to main north-south inland rail line via Parkes, Bathurst and Dubbo to Sydney, Melbourne and Brisbane.
C. Complete the economic feasibility study of VFT/TGV style train along the proposed routes as outlined in routes/stages 1-8 below . This would be a new Snowy Mountains Hydro scheme scale national rail infrastructure over a similar time 25 years construction frame.
It be would enacted under Commonwealth legislation via the States and Territories via COAG as VFT/TVG authority funded by Commonwealth, State Governments & Territories Governments. It would be funded by Commonwealth backed public issued infrastructure bonds, value land capture systems, private investment/ public & private superannuation investment funds with tax breaks during construction stages of the life of the project construction phrase.
- No foreign sovereign fund investment in, in construction contracts or in operating control allowed beyond 15% of total cost in the VFT/TGV rail system including investments of related infrastructure to support this project.
-This proposed 25 year national VFT/TGV rail infrastructure will solve a number of major public issues urban crowding, wasteful & uneconomic high rise building investment by foreign investors.
Finally it would super charge past public policy of unfunded decentralization policies within Australia thereby rebuilding regional centers and country population and increasing wealth generating production along all the final VFT/TGV routes. It would bring in the hundreds of billions of dollars of domestic economic activity with job demands including domestic tourism, international tourism, regional and country wide domestic fast freight food and goods transport linking Australia.
The construction of the VFT/TGV national rail project stage 1 would commence within six months of the VFT Rail Authority legislation being enacted by the respective Governments.
A. The commenced First stage of a French style TGV fast train for fast freight / passenger link to Canberra from Sydney with proposed TGV /VFT stations at Central, Burwood, Strathfield, Parramatta, Campbell town, Mittagong, Bowral, Moss Vale, Bundanoon, Goulburn - (the possible future site for second airport international site outside Sydney basin), Targo, Bungendore, Queanbeyan, Canberra Airport, Canberra.
B.- Second stage VFT/TGV from Canberra to Melbourne via Yass Junction, Cootamundra, Wagga Wagga, Albury, Wangaratta, Benalla, Seymour, Tullamarine International Airport, Melbourne (Southern Cross),
C.- Third stage VFT/TGV from Sydney to Brisbane with first VFT/TGV line via Central, Burwood, Strathfield, Gosford, Broadmeadow/ Newcastle then inland to stations including Maitland/Cessnock, Singleton, Muswellbrook, Scone, Quirindi, Werris Creek,Tamworth, Armidale, Guyra, Glenn Innes, Tenterfield, Stanthorpe, Warwick, then to Toowoomba, then to Gatton, Ipswich, Brisbane (Roma Street), Brisbane International Airport.
D.- Fourth stage VFT/TGV from Sydney to Broken Hill with stations at Central, Burwood, Strathfield, Parramatta, Blacktown, Penrith then via proposed rail tunnels under (per European style) Blue Mountains with stations at Katoomba, Mount Victoria, then out to Lithgow, Bathurst, Orange, Dubbo, Parkes (including station at proposed 24hr international freight airport cargo hub at either Parkes or Dubbo) Condobolin, other stations as needed on route to Broken Hill, then south following the Silver City Highway to Wentworth, Mildura, across the Murray River then west along the Stuart Highway to Renmark, Berri, Loxton, Murray Bridge, Adelaide International Airport, Adelaide.
E.- Fifth stage VFT/TGV from Melbourne to Adelaide via Port Pirie, Port Augusta, then following Eyre Highway to Ceduna or down following Lincoln Highway to Whyalla, Cowell, Tumby Bay, Port Lincoln, then along the coast to Mount Hope, Elliston, Cotton, Port Kenny, Streaky Bay, Ceduna then across to Perth via Border Village, Eucla, Norseman, Esperance, Albany, Denmark, Augusta, Margaret River, Busselton, Bunbury, Mandurah, Rockingham, Perth International Airport, Perth . COAG agreed Policy decision to include retaining the Indian Pacific link between Adelaide to Perth as a secondary line as major tourist line attraction including rail vehicle carrying systems and s a secondary line for strategic national security military/defence and freight rail transport needs. These secondary links would retained via joint COAG funding agreements as of the national infrastructure rail systems
F.- Sixth stage VFT/TGV from Brisbane (Roma Street), Brisbane International Airport, Maroochydore, Gympie, Maryborough, Hervey Bay, Bundaberg, Galdstone, Rockhampton, Mackay, Proserpine, Bowen, Ayr, Townsville, Ingham, Cardwell, Tully, Mission Beach, Innisfall, Bainda, Cairns, then to Cairns International Airport.
G.- Seventh stage VFT/TGV from Adelaide to Alice Springs and on to Darwin. COAG agreed Policy decision to include retaining the Ghan trains lines as major tourist line attraction including rail vehicle carrying systems and s a secondary line for strategic national security military/defence and freight rail transport needs. These secondary links would retained via COAG joint funding agreements as of the national infrastructure rail systems
H.- Eight stages VFT/TGV rail would allow consideration for VFT/TGV routes in regional and country areas Australia wide based on tourism or population growth i.e. Canberra to Cooma – tourism Snowy Mountains region in winter skiing or summer events, Perth to Margaret River and Albany tourism WA regions, and other selected regions as determined by the Commonwealth and the States/Territories via COAG agreed decisions.
Air Cargo Freight Infrastructure
I.– Open a 24 hrs International Air Cargo freight airport hub with full Customs (ABF controls) controls at either Parkes or Dubbo in central NSW linked to north-south freight rail and as part of the VFT/TGV train project / national rail projects and road transport links.
Remove all non- Sydney basin discharge air cargo freight operations from Mascot/Kingsford-Smith airport relocate to new proposed 24 hrs International Air Cargo hub to Parkes or Dubbo in central west NSW.
This frees up international passenger operations and avoids the need to build second international at Badgerys Creek with the proposed cost for second airport at Badgerys Creek to fund the new freight rail and road links to new 24 hrs International Air Cargo hub and first stage of Very Fast Train (VFT)/TGV rail project between Sydney to Canberra.
Agricultural / Water / Energy supply Infrastructure
8. Feasibility study then construction proposed national water pipe line or channel from Ord River system supply water to Central Australia, to Adelaide, western Queensland and western NSW and where need to inland rivers systems subject to CSIRO impact study. Increase inland Agricultural food and primary industries production across Central Australia and western Queensland and NSW. To be funded by Commonwealth & State Government public issued infrastructure bonds / private investment/ public & private superannuation investment funds with tax breaks during construction stages.
- Public / Private funding of such public infrastructure as the VFT would be assisted by discussion for new proposed investments laws involving Australian owned or controlled superannuation funds receiving tax concessions for new laws that where those investments are made outside Australia and equal amount of 40% of that overseas investment made be made in Australia in Australian owned or controlled industries or business activities.
Example is a superannuation fund which invested $100 million in the USA which require it if to keep any tax concessions allowed in Australia that an equal amount say of 40%, $40 million would needed to be invested in Australia. The Federal Parliament and COAG meetings of Governments can determined to the rate from time to time to be applied depending on the economic advice including of that the Reserve Bank of Australia at the time.
- No foreign sovereign fund investment, construction contracts or operating control allowed beyond 15% of total.
This again like the VFT/TGV proposed will further increase billions of dollars of domestic economic within those regional and country regions and again be a mini Snowy Mountains Hydro Scheme generating domestic job construction and regional wealth growth. The Commonwealth could use the Defence Act as done in 1949 by the Chifley Government to commence the Snowy Mountains Scheme when the states of NSW and Victoria could not agree to build the Snowy Scheme and setup a construction authority to oversight construction or operations.
The continuing supply of water or energy to all Australians is an ongoing national security as well economic security public policy issues as we are now “mining food” not minerals and to take up ex mining employees in job creation projects. The Commonwealth and COAG would legislate that for Agriculture, farming, Aqua farming or related activities by Australian owned, controlled companies or entities, no government charges would apply for using water drawn on from public sources ie rivers, oceans, underground etc . Environmental protection levies would still apply but would be tax deductible for only Australian owned or controlled companies or entities.
9. The Commonwealth to take over Farmers debts (Australian citizens or fully Australian owned farms only) from Banks subject to commercial rural farming assessments. Australian farmers in debt mostly due to ongoing adverse seasonal weather conditions i.e. long running droughts or floods affecting agriculture production. The farmers to repay those debts under scheme similar to the HEC’s scheme as farm production returns and income sources return. Commonwealth and States via COAG to agree to controlling authority i.e. the ATO or joint authority to manage and oversight program.
A. -Enacted Commonwealth legislation with the States/Territory via COAG to reduced foreign sovereign fund or foreign government controls over all Australian land in the short and long term and limit any foreign ownership of Australian land or controls over land to a limit of 49% of any land including residential land. Full ownership of any Australian land restricted to Australian citizens only and or Australian registered companies with at least 51% Australian ongoing controlling interest would be the objects, aims and provisions of such legislation.
- Enacted laws to limit sovereign funds or foreign government control in any land, business or commercial activity with Australian law or control to 15% maximum of total cost.
- All strategic assets, ports, rail, energy, food, water be subject to National security test as well as FIRB testing.
10. Enact Commonwealth legislation to outlawed Halal certification or any religious taxes at Commonwealth level and all Commonwealth or State religious funding contrary to Section 116 of the Commonwealth Constitution.
A. - No tax deductions allowed for Halal certification payments made by any persons, business or companies registered within Australia or goods in imported from overseas by Australian owned or controlled companies. Such business payments where tax deductions are applied are contrary to Section 116 of the Constitution.
B. - Halal certification if used on any goods, food sold within or services conducted within Australia or imported goods where a religious tax has been apply must be clearly shown to comply with Australian consumer legislation as enforced by the Australian Consumer Competition Commission (ACCC) and if imported comply with importation laws under the Customs Act 1901 and related laws enforced by ABF (Customs) and other agencies of the Commonwealth.
C. - Where halal certification is used for any exported goods or services from Australia that certification must be clearly marked and advised to final end user as to comply with Australian consumer laws, the export laws or Customs related laws as enforced by Customs (ABF) or any other Commonwealth law which may relate to such. Again no tax deduction for persons or business’s is allowed for halal certification of such export goods or services under Australian tax laws or any other laws of the Commonwealth as such would be contrary to Section 116 of the Constitution.
D. - Enacted Commonwealth legislation outlawing cultural practices inconsistent with the Australian Constitution, our laws, equality of all citizens, Australian community values, respect for women rights, and respect for the rule of law within the Australian context including such cultural or religious practices affecting minors or persons under the age of 18 years contrary to Australian law enacted and the provisions of Constitution. Any offences against minors such as underage marriage forced, arranged or otherwise, children trafficking or sexual assault of any kind or related type offences, it would be linked to new proposed RICO Act and its provisions., with a listed RICO offences.
E. - This proposed legislation would include such cultural practices or Sharia laws or any religious practices as being inconsistent with Australian laws and contrary to the Constitution in particular Section 116 i.e. such as any religious headwear or symbols worn publicly while representing Australia, in any Commonwealth uniform or representing Australia by members of any Commonwealth agencies such as the Australian Defence Forces, the Australian Border Force (Customs), the Australian Federal Police, the Australian Crime Commission or public servants within any Commonwealth agencies or authority.
F. - This policy would also apply to any jointly funded agency either State/Territory or Foreign i.e. Australian New Zealand Food Authority etc, building construction or any program supporting any religious practices or observance where Commonwealth funds are used directly or indirectly including public or private schools, for public or private facilities as the use of such Commonwealth funds would be contrary to Section 116 of the Constitution and the Australian principles of the separation of Church and State since 1901.
The Constitution and the rule of law applies to all Australian citizens as well as those persons who are non-citizens who enjoy the privilege of residing in Australia and are expected to comply with those all laws in total as are any citizens rights and responsibilities.