What if they decide the Aboriginal Tent Embassy poses a threat? 'Domestic violence' is not defined. Trudy THE AGE Anger at emergency plan EXCLUSIVE By PAUL DALEY DEFENCE CORRESPONDENT CANBERRA Monday 21 August 2000 Serious conflict between police and soldiers could result from new legislation giving the Federal Government sweeping powers to deploy troops to the states, Canberra has been warned. The legislation - timed to be in place for next month's Olympic Games and the World Economic Forum in Melbourne - would give the Federal Government legal discretion to deploy troops, without consulting the states, to protect "Commonwealth interests" even if there was merely a threat of violence. The Age has learnt that the Victorian and New South Wales governments strongly oppose the legislation, arguing in previously unreported submissions to a Senate inquiry that it unnecessarily intrudes on states' rights. In a submission to the inquiry, Victorian Premier Steve Bracks has expressed irritation that the Commonwealth did not consult Victoria on the bill, "which I find concerning given that the bill directly affects the states' roles and responsibilities when responding to terrorist and emergency scenarios". The legislation - Defence Legislation Amendment Bill 2000 - proposes that the Commonwealth would have legal authority to unilaterally deploy troops to the states and territories to free hostages, detain suspects, erect barricades and search and recapture buildings when "domestic violence occurs". It is believed that the Federal Government is keen to have the legislation in place in time for the World Economic Forum Asia-Pacific Economic Summit 2000, which runs from September 11 to 13 in Melbourne. Protests are threatened at the forum, following the rowdy demonstrations that at last year's World Trade Organisation meeting in Seattle. Mr Bracks said in his submission: "Confusion and conflict could arise between state agencies and the Defence Force, as the boundaries between the jurisdictional powers of Commonwealth and state lack clarity. It is unclear how powers such as the ability to erect barriers and issue directions affecting the flow of traffic will affect the ability of a state's police and emergency vehicles such as ambulances or fire trucks to attend an emergency." Under sections 51 and 61 of the Constitution, the Commonwealth can already deploy troops to the states, but critics claim the proposed legislation wrongly codifies that power and does not adequately specify the threats it is designed to meet or include adequate safeguards. The Labor Party has foreshadowed broad amendments to the legislation so that it includes greater safeguards - including enforced Commonwealth consultation with the states before troops are deployed - when the bill returns to the Senate next Monday. Australian Greens Senator Bob Brown will oppose the legislation. In another submission to the inquiry, Victoria Police's acting Deputy Commissioner Peter Nancarrow said "there is no demonstrated need for the legislation" and that "legislation should not be enacted which gives the Commonwealth power to intervene in the affairs of the state without the consent of that state". "The proposed automatic power to provide a military intervention where `Commonwealth interests are threatened' represents an unreasonable intrusion on the rights of the states," he said. "It is not appropriate that the first a state government might be aware of a deployment of troops is when they actually arrive." Mr Nancarrow said the legislation did not make Defence Force personnel adequately accountable to the criminal justice system "when their actions exceed acceptable limits". In a submission on behalf of NSW Premier Bob Carr, the NSW Cabinet Office expressed concern that the legislation "may operate to override the National Anti-Terrorist Plan" - a scheme involving state and Commonwealth law enforcement resources designed for the Olympics. "The plan involves consultation with relevant states at all stages throughout the call-out process," the NSW Cabinet Office said. "The bill, however, contemplates unilateral Commonwealth action, without any state consultation or agreement." -- ********************************** 'Click' to protect the rainforest: Make the Rainforest Site your homepage! http://www.therainforestsite.com/ ********************************** ------------------------------------------------------ RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." 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