Sunday, 27 October 2019

This is the Singleton Argus article that either the NSW Deputy-Premier or his office alleges is "seditious"


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'the offence [sedition] is one if the person urges by force or violence the overthrowing of a government, or interfering with an election, or encouraging other people to use – or groups of people – to use force or violence against other groups' [The Attorney-General, Hon Philip Ruddock MP, Alan Jones Radio Programme, 14 November 2005, quoted in Australian Parliamentary Library, "In Good Faith:Sedition Law in Australia", 23 August 2010]
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It appears that NSW Deputy-Premier, Minister for Regional New South Wales, Industry and Trade & Liberal MP for Monaro, John Barilaro, is unhappy with journalists having an opinion about the mining industry, state government agencies or the region in which they live and work......



There were two articles published online by The Singleton Argus on 22 October 2019 which dealt with the NSW Independent Commission Against Corruption's current review of lobbying activities, access and influence in this state.

The first was a local news article and the second an opinion piece by the same journalist on the same subject.

It was this second piece which is the allegedly "seditious" item that either the Deputy-Premier or his staff apparently decided included content intended to incite violence, public disorder or a public offence:
"Here we go again - the NSW Independent Commission Against Corruption (ICAC) is hearing evidence about mining approvals - what, haven't we learnt our lessons from the Doyles Creek and Mt Penny inquiries all those years ago?
This time ICAC's Operation Eclipse is not investigating actual corrupt conduct by individuals but rather it is seeking' to examine particular aspects of lobbying activities and the corruption risks involved in the lobbying of public authorities and officials.'
At the same time as ICAC is seeking information about the influence of lobbying on government decision making Planning Minister Rob Stokes announced the terms of reference for the review into the operations of the Independent Planning Commission.
Included in the terms of reference is a question about whether the IPC should exist at all.
Scary when one considers that the former ICAC commissioner David Ipp, QC was quoted in the Sydney Morning Herald saying such a move was 'a recipe for corruption'.
The more things change the more they stay the same it would appear when it comes to planning state significant mining projects in NSW.
As an invited witness to this week's Operation Eclipse hearings NSW Minerals Council, chief executive officer Stephen Galilee voiced his strong opinions about the current state of mine approvals in NSW.
He is not happy that Bylong Coal Project was refused, that Dartbrook Underground was only half approved and that United Wambo and Rix's Creek were approved but it took too long so he was still very unhappy.
Mr Galilee is welcome is hold these opinions he works to promote mineral extraction in NSW but his opinions should not over ride due process.
We have seen what happens when mining licences are granted behind closed doors, people made millions often corruptly and the community is treated poorly or not considered at all.
No way should we go back to the bad old days in mine approvals.
We should be planning for our future where we have clean air to breath and new industries for our current mining workforce.
Instead of wasting time and money on the IPC review lets get started with planning for a just transition for our region.
The longer we put off the inevitable transition the harder it will hit our region - want to be part of that Mr Galilee?"

For the life of me I cannot see this as a journalistic call for citizens to man the barricades armed to the teeth and ready to do violence.

Perhaps in the future whichever of the Deputy-Premier's minions crafted that particular email should pause, open a dictionary and a copy of the Crimes Act before choosing his adjectives.

Then when he next rushes to the defence of his minister's 'mates' he won't rashly accuse a journalist of a grave unlawful act.

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'as long as the various sedition offences remain, governments will inevitably be tempted to use them improperly, especially when highly unpopular opinions are expressed' [Sydney Law Review,  (1992) Maher, L.W.,"The Use and Abuse of Sedition"]
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