BILL OF RIGHTS
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AUSTRALIA DESPERATELY NEEDS THIS
Most Australians think that they have certain inalienable legal rights, but they are wrong. Most of the Australian Constitution deals with the structure of government and not with the rights of the Australian people. The Constitution empowers the government to make laws that completely abrogate many rights that citizens should have without question in a modern civilised democratic society. Of course Australia is not a democracy, simply because no citizen has the right to become Head of State and that position is reserved for an unelected foreigner who attains that privileged position purely by accident of birth.
What Australian people really need is a definitive Bill Of Rights, similar to the USA's first ten amendments to the US Constitution that is popularly known as their Bill Of Rights. We have all seen Americans exercising their various rights under those Amendments and we the people of Australia need something very similar that is completely unimpeachable and irrevocable. We need to redraft our Constitution and codify our legal rights as part of it, so that there will never be any doubt as to what we can or cannot do. I suggest the following:
THE AUSTRALIAN BILL OF RIGHTS
- This Bill of Rights overrides any conflicting Commonwealth, State or Local Government laws and shall apply without contradiction or exemption to every person in Australia, whether they are or are not citizens. Every person will be subject to this Bill of Rights and enjoy the rights enshrined in it. In this Bill of Rights, the word "government" shall mean every arm of government, federal, state and local and will include any administrative service or organisation that has been given the power to impose penalties. No arm of government will have any authority to violate any rights enshrined in this Bill of Rights.
- Australia is a strictly secular nation, therefore the government shall make no law respecting the establishment or practice of any religion. The government shall make no law that imposes religious observance onto any person or entity. The government shall make no law establishing public holidays based on any religious festivals or rituals. The government shall make no law permitting any religious proselytising or prayer in any official government, national, state or local government institution. The government shall make no law granting any form of concession based on religion.
- The government will have the power to ban any alleged religion or cult that is seen to be detrimental to Australia's security and well-being. If such a religion or cult is banned, the government will have the power to ban, confiscate or destroy any implements, artefacts, publications and premises associated with it. Any persons or organisations that promote, propagate, attempt to re-establish or proselytise in regard to a banned religion or cult will be prosecuted, with a mandatory prison sentence imposed if convicted. If those persons are not Australian citizens, they will be immediately deported or interned permanently if deportation cannot be implemented.
- The government shall make no law that discriminates against or gives preferential treatment to any persons on racial or religious grounds in dealings with the government. The government will not institute any acts that discriminate against or gives preferential treatment to anybody on the basis of race or religion, such as employment in government facilities such as public schools and government organisations and departments. The government will not provide any facilities or benefits to any persons on the basis of their race or religion. The government will treat all persons as equal in all respects without exception. However, private people will have the unfettered right to discriminate against others in any way they choose, as this is their inherent right of free association.
- The government shall make no law abridging the complete and utter freedom of speech and freedom of expression. These freedoms shall encompass the unfettered right of people to express any opinions they wish and the unfettered right to publish anything they wish. Fair and reasonable defamation and slander remedies shall be administered through the court systems, with truth being an absolute defence against defamation and slander lawsuits in all instances. Genuinely held personal opinions on any matter whatsoever will be legitimate and immune from prosecution or civil defamation or slander actions. However, seditious or treasonous commentary will be illegal and subject to prosecution.
- The government shall make no law abridging the complete and utter freedom of association and freedom of peaceful assembly. These freedoms shall encompass the unfettered right of people to associate or not with anybody they choose, including their employees, associates, friends or anybody else and the unfettered freedom to go unimpeded to any place in Australia or assemble in any public place. No person will be able to be banned from any public place unless there is a genuine danger to his own safety or the safety of others. However, assembly in order to foment treason or sedition will be illegal and subject to prosecution.
- The government shall make no law restricting the right of the people to engage in free trade using any form of valuta, including the official currency of Australia, currencies of other nations, precious metals and minerals, exchange of services such as barter arrangements, performing work in exchange of goods and services and any other form of trade.
- The government shall make no law restricting the right of the people to control, dispose of, or deal with their own money and personal possessions in any way. The government will not have the power to monitor or restrict the private legal financial transactions of any persons in any way. The government shall make no law restricting the right of the people to possess any amount of bullion, precious metals, precious minerals or jewellery or to transfer or dispose of such valuta in any way they see fit, except in regard to treasonous and seditious acts.
- The government shall make no law that enables it to confiscate gold in bullion or any other form and other precious metals, gemstones, artworks and other stores of value in order to force people to use money issued by the Reserve Bank of Australia or the Treasury.
- The government shall make no law restricting the right of people to print and use their own money or any other currency devices if they so choose. People will have the right to pay for goods and services in any form they choose, providing that the goods and services providers agree to accept that particular form of payment.
- The government shall make no law deeming that money, goods or assets are the proceeds of crime unless the government can actually prove this beyond reasonable doubt. The people in whose possession such goods are found will be under no obligation to disclose the provenance of those goods or how they were acquired. It will be the entire onus of the government to prove beyond doubt whether these assets were acquired as the proceeds of crime.
- The government shall have no arbitrary power of search and seizure without reasonable cause and any person subject to such search and seizure if the government fails to provide reasonable cause shall have grounds for substantial redress by civil remedy against the government and will have the power to invoke criminal proceedings against any perpetrators who violate his rights in this respect.
- The government will comply with the principle that if there is no victim, there is no crime. For instance, if a person wishes to buy sexual services and a person wishes to sell sexual services, there is no victim and this transaction is consensual, therefore completely legal. It will not be a crime for a person to not wear a seat belt in a car, or a helmet on a motorbike or bicycle. Anything that a person does that does not harm another person will be legal. Deliberate self-harm, such as being injured or being killed by one's own negligent actions will not be permitted to be used for the acquisition of compensation from any source.
- The government shall make no law compelling the people to vote in any elections. All Australian citizens shall have the right to vote in federal, state and local elections, but it will be their choice as to whether they wish to do so or not. A person will only be able to vote for one candidate in an election and all winners will be decided by simple "first-past-the post" results. Preferential voting will not be permitted.
- The government shall make no law preventing the people from recording in any form anything in any public place. The one exception will be the surreptitious recording of a person's body that is not normally seen in public. No person shall have the right to privacy in any public place. No person shall have the right to prosecute anybody for recording them in any public place. No person, including police, shall have the right to prevent a person from recording anything in any public place. Any conversations occurring in a public place will be regarded as public conversations and not protected under any auspices of privacy.
- The government shall make no law preventing the people from recording any conversations or events in any private place if they are involved as subjects in those recordings or are doing so to protect their legal and civil interests. No persons shall have the right to prosecute anybody for recording them in any private place if the persons making the recording are involved as subjects in those recordings. The one exception will be the surreptitious recording of a person's body that is not normally seen in public.
- The government shall make no law abrogating the right of the people to take any action they deem fit to protect themselves. The government shall make no laws preventing the supply of suitable arms to people for the purpose of protecting themselves. The government will make no laws requiring the people to qualify in any way to possess the means to protect themselves, such as firearms licences. The one exception will be that people who have criminal records of violence of any kind will not be permitted to possess or use firearms.
- The government shall make no law restricting the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated. No warrants shall be permitted to be issued, except upon reasonable and probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized. The people will not be required by any law to identify themselves to anybody.
- The government shall make no law that abrogates the absolute and unfettered right of the people to refuse to provide anything that may tend to incriminate them. No persons shall be forced by coercion, monetary penalty or penal incarceration to provide anything that may tend to incriminate those persons, including verbal statements, documents, electronic data, physical items and bodily items such as breath samples, blood samples, DNA samples or any other material. Any attempt to violate the rights of persons to refuse to incriminate themselves will be illegal and any evidence obtained in such a way for a prosecution will be inadmissible in any court of law. Any evidence obtained by deliberate deceit by authorities shall be inadmissible in any court of law.
- The government shall make no law that permits the entrapment of people for the purposes of prosecuting them or penalising them for revenue purposes. This will apply to all matters, including hidden police speed traps, undercover police posing as prostitutes to entice potential customers and other such activities. Enticing people to break the law will not be permitted under any circumstances and any government official who takes such action will be prosecuted.
- The government shall make no law compelling any people in any criminal or civil case to be witnesses against themselves, nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without the express consent of the owners and without just compensation. Private freehold property shall be considered to consist of the area of the surface to a depth of 10 kilometres and control of the property will rest entirely with the owners. The government will make no law that forces property owners to abrogate any control whatsoever over their private property.
- The government shall make no law abrogating the presumption of innocence in all cases and in all criminal and civil jurisdictions, including Strict Liability offences. There will be no Deeming offences, where in the absence of hard evidence of an offence, persons are deemed to have committed an offence. In every instance where person denies an offence, a prosecution will have to prove such a summary or indictable offence beyond reasonable doubt. Absence of evidence will not be allowed to constitute admissible evidence.
- The government shall make no law that has the effect of imposing monetary or penal penalties upon a person until such a person is duly convicted of an offence or crime and every element of a prosecution case is proven beyond reasonable doubt. Only a government will have the power to levy fines for any proven offences.
- Minor summary matters such as traffic offences will be dealt with by a magistrate. In all prosecutions of indictable offences, accused persons shall have the right to a speedy and public trial by an impartial jury of their peers in the jurisdiction where the alleged offence was committed, unless the accused persons elect to have the matters heard by a judge alone. Accused persons shall have the unfettered right to physically confront and examine under oath their accusers and any witnesses for and against the accused.
- The government shall make no law that could be considered to be a Bill of Attainder, which is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without trial and due process of law.
- The government will make no law respecting the right to life. People shall have the unfettered right to control their lives and whether they wish to be euthanised for whatever reason. The people will have the unfettered right to receive assistance to end their lives and those rendering that assistance will not be guilty of a crime.
- No persons will have the right to life and liberty if they have committed offences so heinous and serious that they would attract penal incarceration without any prospect of release. To that end, the death penalty will be imposed for the most serious crimes, such as premeditated murder, rape, serial paedophilia, deliberate assault for the purpose of causing death and other crimes that would attract a life sentence. The death penalty will be mandatory for such offences and judges will have no discretion in such cases. Offenders who are sentenced to death will be executed after all means of appeal have been exhausted and it is certain beyond any doubt that those offenders are guilty of those crimes.
- If all avenues of legal appeal have been exhausted and a person is sentenced to death, execution will be performed by administering a general anaesthetic that will render the offender completely unconscious and unfeeling and a lethal substance such as potassium will then be administered to render the offender to be deceased immediately. There will be no humanitarian consideration for perpetrators of such heinous crimes.
- There will be a "Clean Hands" doctrine in relation to losses, injuries or deaths to people incurred as a result of their criminal activities or self-inflicted injuries. No persons will be permitted to seek or receive any compensation for their own or anybody else's losses or injuries if those injured or deceased persons were involved in criminal activity or self-inflicted injuries, even if they were unintended or accidental.
- Citizenship is a gift from the nation to people who qualify for it, but it is not an automatic right. People who are born in Australia will be granted automatic citizenship on the condition that they act in a lawful way and do not commit treason or sedition. If they do so, the citizenship will be withdrawn and if they cannot persuade another nation to grant them citizenship, then they will be considered stateless persons and not have any rights to anything. Such people will not be given welfare or any other taxpayer-funded benefits such as Medicare, Legal Aid or anything else. If such people leave Australia, they will never be allowed to re-enter.
- People who migrate to Australia will have to qualify for citizenship by completing a term of probation of five years, where they will have to be completely free of any indictable criminal offences. If they commit an offence that carries a penal sentence of 12 months or more, they will be automatically deported, with no recourse of appeal. If they commit a criminal offence that carries a jail sentence of less than 12 months, they can be deported at the discretion of the current Minister for Immigration, with no recourse of appeal against that Minister's decision. If people cannot be deported to their home nations, they will be interned indefinitely in the harshes conditions with no amenities or privileges and they will have no recourse to Australia's legal system.
This is a work in progress. More items for this Bill Of Rights will be added if required.