use of troops
Date: Mon, 4 Sep 2000 22:11:36 +1000
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Labor and Coalition set to pass military 'shoot to kill' bill

Liberals push for 'threat to property' as justification for use of troops

Canberra, AUSTRALIA, Monday, September 4.10.00PM:

Debate will continue in the Senate tomorrow on the controversial 'shoot to 
kill' bill.

The ALP and the Coalition government combined today to vote down Greens 
amendments to the 'Shoot to Kill Bill', which would have banned the use of 
the military against peaceful protest, civil disobedience and industrial 
disputes.

Under the pretext of Olympic Security, the Defence Legislation Amendment 
(Aid to the Civilian Authorities) Bill will establish the legal and 
political basis for using troops to suppress political unrest.

The legislation has been widely condemned for allowing the Commonwealth 
government to call out troops without the agreement of a State Government 
and against political protest and industrial disputes.

Forty-three ALP, Liberal and National Senators voted against ten Green, 
Democrat and One Nation Senators, to ensure the amendments were defeated.

Amendments proposed by the Greens would have prevented the call out of 
troops by the authorising Ministers (Prime Minister, Defence Minister and 
Attorney General) "in connection with or against industrial disputes and 
peaceful protest and civil disobedience."

A Labor amendment, which is likely to be passed, directs the Chief of the 
Defence Forces not to "stop or restrict protest, dissent, assembly or 
industrial action accept where there is a reasonable likelihood of serious 
injury or death to persons."

The amended legislation will not prevent the call out of troops in response 
to industrial disputes or protest, it merely requires the commander of the 
troops to make an argument that they believed the threat of serious of 
injury or death was reasonably likely.

An amendment, proposed by the Coalition government, would allow the 
"reasonably likelihood of serious damage to property" as a justification 
for the use of troops against protest or industrial action. The amendment 
is likely to be defeated.

The legislation gives the military clear powers to conduct searches of 
people, property or vehicles, cordon off areas, detain people and in 
certain circumstances shoot to kill.

Unresolved constitutional questions still hang over the legislation, with 
the government and Labor Party also combining to prevent the referral of 
the bill to Senate's Constitutional and Legal Affairs Committee.

It is a bad day for democratic rights in Australia. The Coalition and Labor 
should be held responsible.

For more information and comment:
Damien Lawson, Western Suburbs Legal Service 0418 140 387



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