INVALID DRUG LAWS

 

Background                                                                             

In 2000, invalid drug laws were implemented by the then Carr Labor (ALP) Govt. allowing juveniles to carry up to 1 gram of Heroin or Cocaine without criminal charges, only a caution.  The Carr Govt. and their relevant agencies invalidly granted a license to allow the Kings Cross medically-supervised injection room trial to operate.

 

It is extremely worrying that the Federal Minister for Home Affairs and Minister for Justice in the Julia Gillard Labor Govt., Jason Clare, was the policy adviser to former N.S.W. Police Minister Paul Whelan from 1995 to 1999 before being elevated to Senior Adviser to N.S.W. Labor Premier Bob Carr until 2003.  Bob Carr as Premier, and Jason Clare as Senior Adviser, breached the Commonwealth Constitution by committing indictable offences under the Australian Customs Act and Section 5 of the 1914 Federal Crimes Act.  Besides breaching Section 109 of the Commonwealth Constitution, Section 5 of the Commonwealth Constitution in part reads:  “This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State …..”  Under this Section of the Commonwealth Constitution, Bob Carr, the Foreign Minister, and his colleague Jason Clare's position are indefensible and untenable.

 

In 2010, one of our members personally delivered a three-page dossier explaining the Constitutional breaches and indictable offences that would be committed if they supported Premier Keneally's “Drug Trafficking Amendment (medically-supervised Injection Centre) Bill 2010.”  This dossier was delivered to the Barry O'Farrell's Liberals, the Andrew Stoner's Nationals, as well as the Upper House members of the Shooters and Fishers Party, the Reverend Fred Nile's Christian Democrats and the Greens.  Although they were all provided with the illegalities, Barry O'Farrell gave his colleagues a conscience vote on this illegal and unconstitutional Bill.

 

The six members of O'Farrell's present N.S.W. Govt. who crossed the floor and supported the Bill were:  Minister for Planning and Infrastructure, and Member for Wakehurst Brad Hazzard; Minister for Transport and Member for Willoughby Gladys Berejiklian; Minister for Health and Member for North Shore Julian Skinner; Craig Baumann Member for Port Stephens; Victor Dominello Member for Ryde; and Jonathon O'Dea Member for Davidson.  It must be noted that the Liberal Coalition partners, the Nationals, voted unanimously against the Bill, in both Houses of Parliament.

 

 

Reference :  Commonwealth Constitution Section 120 

CUSTODY OF OFFENDERS AGAINST LAWS OF THE COMMONWEALTH.

Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament of the Commonwealth may make laws to give effect to this provision.