The matter of Organic Seed Growers & Trade Association, et al. v. Monsanto, filed in the United States District Court for the Southern District of New York (Manhattan) on 29 March 2011, should get interesting as a jury has been demanded to hear arguments in part predicated on the assertion that Monsanto & Co do not hold valid patents on genetically modified seed.
Opening remarks in the application:
1. Society stands on the precipice of forever being bound to transgenic agriculture and transgenic food.1 Coexistence between transgenic seed and organic seed is impossible because transgenic seed contaminates and eventually overcomes organic seed. History has already shown this, as soon after transgenic seed for canola was introduced, organic canola became virtually extinct as a result of transgenic seed contamination. Organic corn, soybean, cotton, sugar beet and alfalfa now face the same fate, as transgenic seed has been released for each of those crops, too. And transgenic seed is being developed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.
2. Plaintiffs in this matter represent farmers and seed businesses who do not want to use or sell transgenic seed. Plaintiffs are largely organic farmers and organic seed businesses, but also include nonorganic farmers who nonetheless wish to farm without transgenic seed. Plaintiffs are increasingly being threatened by transgenic seed contamination despite using their best efforts to avoid it. This causes Plaintiffs to fear that, if they do indeed become contaminated by transgenic seed, which may very well be inevitable given the proliferation of transgenic seed today, they could quite perversely also be accused of patent infringement by the company responsible for the transgenic seed that contaminates them. Thus, Plaintiffs bring this action to protect themselves from ever being accused of infringing patents on transgenic seed.
3. Monsanto is a chemical company that was previously responsible for introducing to the world Agent Orange, DDT, PCB's and other toxins. Monsanto is now the world's leading proponent of transgenic seed and holds many patents relating thereto that it has aggressively asserted against literally hundreds of farmers, including those farmers who became contaminated by Monsanto's transgenic seed through no fault of their own. Public awareness of Monsanto's patent assertion activities is high and it contributes mightily to Plaintiffs' fears that they, too, could most assuredly be accused of patent infringement in the near future if and when they become contaminated by Monsanto's transgenic seed.
4. Through this action, Plaintiffs ask the Court to declare that, should they ever be contaminated by Monsanto's transgenic seed, they need not fear being sued for patent infringement. As set forth below, there are several legal bases for this declaration, the principal one of which is that patents on transgenic seed fail to satisfy the requirement of both the Constitution and the Patent Act that only technology with a beneficial societal use may be patented. U. S. Const., Art. I, § 8, cl. 8 (“To promote the Progress of Science and useful Arts”) (emphasis added); 35 U.S.C. § 101 (“Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor”) (emphasis added). As Justice Story wrote in 1817, to be patentable, an invention must not be “injurious to the wellbeing, good policy, or sound morals of society,” and “a new invention to poison people ... is not a patentable invention.” Lowell v. Lewis,15 F. Cas. 1018 (C.C.D. Mass. 1817). Because transgenic seed, and in particular Monsanto's transgenic seed, is “injurious to the wellbeing, good policy, or sound morals of society” and threatens to “poison people,” Monsanto's transgenic seed patents are all invalid.
5. Monsanto's patents are additionally invalid for other failures to meet the requirements of patent law, including that each violates the prohibition against double patenting, each is anticipated or rendered obvious by prior art, and each fails to satisfy the requirements of written description, enablement and best mode. Monsanto's patents would also not be infringed by Plaintiffs because, amongst other things, Plaintiffs do not intend to use Monsanto's transgenic seed, any seed possessed by Plaintiffs that may be contaminated by Monsanto's transgenic seed is not covered by any valid and properly construed claim of any patent in suit, and Monsanto's patents rights in transgenic seed exhaust upon the authorized distribution by Monsanto to its customers. Monsanto's patents are also unenforceable because, among other things, Monsanto has committed misuse, Monsanto is equitably estopped from enforcing them, and Monsanto commits trespass when its transgenic seed contaminates another. Lastly, Monsanto would not be entitled to any remedy under law or equity even if its patents were held to be valid, infringed and enforceable against Plaintiffs, as no economic injury happens to Monsanto and the public interest would not support granting Monsanto an injunction when its patented seed contaminates another…..
The plaintiffs in the suit represented by the Public Patent Foundation (PUBPAT) are: Organic Seed Growers and Trade Association; Organic Crop Improvement Association International, Inc.; OCIA Research and Education Inc.; The Cornucopia Institute; Demeter Association, Inc.; Navdanya International; Maine Organic Farmers and Gardeners Association; Northeast Organic Farming Association/Massachusetts Chapter, Inc.; Northeast Organic Farming Association of Vermont; Rural Vermont; Ohio Ecological Food & Farm Association; Southeast Iowa Organic Association; Northern Plains Sustainable Agriculture Society; Mendocino Organic Network; Northeast Organic Dairy Producers Alliance; Canadian Organic Growers; Family Farmer Seed Cooperative; Sustainable Living Systems; Global Organic Alliance; Food Democracy Now!; Family Farm Defenders Inc.; Farm-to-Consumer Legal Defense Fund; FEDCO Seeds Inc.; Adaptive Seeds, LLC; Sow True Seed; Southern Exposure Seed Exchange; Mumm's Sprouting Seeds; Baker Creek Heirloom Seed Co., LLC; Comstock, Ferre & Co., LLC; Seedkeepers, LLC; Siskiyou Seeds; Countryside Organics; Cuatro Puertas; Interlake Forage Seeds Ltd.; Alba Ranch; Wild Plum Farm; Gratitude Gardens; Richard Everett Farm, LLC; Philadelphia Community Farm, Inc; Genesis Farm; Chispas Farms LLC; Kirschenmann Family Farms Inc.; Midheaven Farms; Koskan Farms; California Cloverleaf Farms; North Outback Farm; Taylor Farms, Inc.; Jardin del Alma; Ron Gargasz Organic Farms; Abundant Acres; T & D Willey Farms; Quinella Ranch; Nature's Way Farm Ltd.; Levke and Peter Eggers Farm; Frey Vineyards, Ltd.; Bryce Stephens; Chuck Noble; LaRhea Pepper; Paul Romero; and, Donald Wright Patterson, Jr.
On the day of filing Monsanto hit out in its official online blog, Beyond the Rows. Describing PUBPAT’s application as containing many allegations which are false, misleading and deceptive and stating that the plaintiffs’ approach is a publicity stunt designed to confuse the facts about American agriculture.
Ceud mìle fàilte
The small NSW North Coast town of Maclean in the Clarence Valley is celebrating its 107th Highland Gathering this Easter Weekend 22-23 April 2001.
The townsfolk are proud of their Scots heritage and the Lower Clarence Scottish Association puts on a grand show every year at this time, with Pipe Bands, Solo Piping and Drumming, Highland Dancing and the popular Highland Sports (including caber tossing, log wrestling and tossing the hammer) taking place at the Maclean Showground on the banks of the Clarence River.
FMG's Great Native Title Swindle from Yindjibarndi Aboriginal Corp. on Vimeo.
Legend:
Caught red handed – this is a record of a supposed 'native title' meeting staged by the iron ore miner, Fortescue Metals Group (FMG). It shows how FMG, its agents, a lawyer and an opportunist splinter faction tried to destroy the unity of the Yindjibarndi people and give open slather to FMG for its Solomon Hub project. The video demonstrates the unscrupulous actions of a miner trying to bully traditional owners into a land use 'Agreement' that will see massive disturbance of country and will swindle several generations of Yindjibarndi people. The fight continues. See yindjibarndi.org.au/
An interesting timeline involving two mining multinationals, Rio Tinto and Anglo American, which are currently attempting to pressure the Australian Federal Government into watering down its proposed carbon price mechanism.............
Rio Tinto on joint venture plan to mine in a national park in Alaska, 2007 to 2010:
Rio Tinto has a 19.6 per cent equity holding in Northern Dynasty Minerals which owns a 50 per cent share in the Pebble Joint Venture (Rio Tinto share in Pebble: 9.8 percent). Northern Dynasty Minerals is advancing the Pebble copper-gold-molybdenum deposit in south western Alaska, which includes an ore body amenable to block caving.
The Pebble project is located about 200 miles south west of Anchorage in the Bristol Bay region of Alaska on land designated for mineral exploration and development.
World’s largest undeveloped copper resource….World’s largest gold resource in a porphyry deposit
New York Times reporting on Republican Sarah Palin, 21 October 2008:
Ms. Palin has remained officially neutral, saying that the state will evaluate the project when it receives a formal permit application. But she has embraced resource extraction in ways that are likely to help Pebble. On the presidential campaign trail in coal country this month, she led supporters in chants of “Mine, baby, mine!”
Anglo American’s Pebble Mine Investor Advisory October 2009:
According to mining engineer Jim Kuipers, the Pebble Project, if fully developed, “is likely to involve one of the largest infrastructure undertakings in the history of mining.” Based on current ore projections, the Pebble Project will be the largest copper and gold mine in North America, with an estimated footprint covering 30 square miles of the Bristol Bay watershed…… The Pebble project is opposed by a politically powerful coalition of diverse interests who have the support of a large segment of the Alaskan electorate. The majority of Bristol Bay area residents view large-scale mineral development as an unacceptable risk to the fishery and subsistence. A 2009 survey found that 71% of Bristol Bay residents oppose the Pebble Mine. The Alaska Inter-Tribal Council, a consortium of 231 federally-recognized tribes in Alaska, and many tribal governments of the region, have passed resolutions against the project.
Nunamta Aulukestai et al v. State of Alaska Department of Natural Resources, Excerpts from Plaintiffs Declarations and Plaintiffs Proposed Findings of Fact and Conclusions of Law (139 pages) 2009 -2010
Anchorage Daily News 13 July 2010:
A state judge has declined to dismiss a court case alleging that state regulators violated the Alaska Constitution when they issued exploration and land-use permits to companies drilling at the Pebble copper and gold prospect in Southwest Alaska…....Superior Court Judge Eric Aarseth on Friday dismissed one of the claims in the lawsuit but allowed the others to proceed to trial. He also ruled that the trial will address only the permits at Pebble rather than the validity of the state's permitting system for mineral exploration, in general.
U.S. Environmental Protection Agency, media release 7 February 2011:
In 2010, nine federally-recognized Bristol Bay tribes petitioned EPA to use its authority under the Clean Water Act to protect Bristol Bay. Their concerns focused on the potential Pebble Mine project. Two other tribes asked EPA to wait for mining projects to submit permit applications before taking action. ……Bristol Bay is an important source of wild Pacific salmon for commercial, recreational, and subsistence users. It produces hundreds of millions of dollars in annual fisheries revenues. The area may be the last major watershed in North America that produces historic numbers of wild salmon. Most of the Bristol Bay watershed is wildlife refuge or park where large development is restricted. EPA’s efforts will focus on those areas that are not protected.
Veteran U.S. actor Robert Redford as a Trustee of the Natural Resources Defense Council, email March 2011:
You should care about Rio Tinto. This British and Australian-based mining giant has a shocking and well-documented record of toxic contamination that spans the globe: from Indonesia to Bolivia to Utah. Now, as one of the major backers of the proposed Pebble Mine, it is threatening to destroy one of our greatest natural treasures: the Bristol Bay wilderness of Alaska. Rio Tinto wants us to believe it has changed its polluting ways. Its chief executive claims they want to have a “net positive effect” on the environment. Talk is cheap. Help us put their words to the test........ We shouldn’t trust any company -- much less a company with Rio Tinto’s dismal record -- to take a catastrophic risk with one of our last and greatest wild places.
Had to laugh at this response from Mr. Demore of The Failed Estate to the Channel 10 announcement that Andrew Bolt will get his own Sunday morning show. I'm predictng that Ten is shaping up for a monumental ratings disaster after the first few weeks.
The study quoted below was conducted in south-east Queensland where residents have similar housing and lifestyles to people living on the North Coast.
Increased traffic exposure and negative birth outcomes: a prospective cohort in Australia [Adrian G Barnett, Kathryn Plonka, W. Kim Seow, Lee-Ann Wilson, Craig Hanse,2010]
BackgroundExposure to air pollution during pregnancy has been shown to increase the risk of negative birth outcomes such as pre-term birth and low birth weight [1–4]. Although the increased risks are relatively small [5–7], the public health implications are large because exposure to some level of air pollution is ubiquitous in urban areas, and pre-term and low weight babies: stay in hospital longer after birth, have an increased risk of death, and are more likely to develop disabilities [8–10]. Many of the estimated associations between air pollution and birth outcomes have relied on the temporal variation in pollution, but pollution also varies spatially [11]. Pollution levels in a city are generally higher in areas with lots of traffic and industrial areas. Temporal studies also rely on a fixed network of pollution monitors, and these monitors can often be far from subjects' homes. Ignoring the spatial variability in pollution therefore introduces a measurement error that may lead to regression dilution [12]. A study in Brisbane showed a clear strengthening of the association between increased pollution and small fetus size when reducing this measurement error by using pollution monitors closer to women's homes [6]. Studies in Spain have attempted to reduce measurement error by restricting analysis to those women who spent more time at home (where their pollution exposure was estimated), and found stronger associations between pollution exposure and fetal growth and birth weight [7,13]. Another reason for taking a spatial approach in this study was the public interest created by our previous study showing restricted fetal development due to increased air pollution exposure in Brisbane, Australia [6]. A common concern was the distance between the home and a busy road at which health effects occurred. This distance also has implications for council authorities looking to build or expand roads. By examining traffic exposure around the home we aimed to find the distance at which the majority of the negative impacts on birth outcomes occurred. Although levels of air pollution in South East Queensland are low compared with industrial cities, the population's exposure is relatively high due to an outdoor lifestyle and buildings that are highly permeable [14]. Many homes in Queensland are built to capture breezes in order to give relief from high summer temperatures. But this design also increases their exposure to traffic pollution. People living near major roads, and particularly major road junctions where the traffic often stops, will experience the highest levels of exposure…..
Conclusions Pregnant women should reduce their exposure to traffic. A reduction in traffic emissions, whether through improved vehicle technology or increased public transport use, would have immediate health benefits by giving children a better start to life.
The Daily Telegraph by virtue of its claim on 4 April 2011 that it had gained exclusive access to the institute's landmark report (despite the fact that the AIC had published the same on its official website) stands out in reporting this matter.
This newspaper makes much of fraud by welfare recipients and really only briefly addresses fraud by crooked public servants. News Limited journalists appearing more interested in theft of office products such as printer toner and photocopying paper, rather than other forms of public service fraud which are more dangerous to Australian citizens. Indeed this newspaper goes so far as to lump the $600 million total in fraud against the Commonwealth into the welfare and other government payments category, almost inviting readers to erroneously suppose social security fraud actually reached this amount in the reporting period. When it comes to financial fraud, the fact that in excess of $2,970,000 was recovered from public service employees perpetrating entitlement and financial fraud is virtually ignored, along with the fact that losses totalled over and above recovered amounts totalled $2.8 million and that many of those employees found defrauding the Commonwealth were not sacked.
What is made apparent in this AIC report (and not rated as worth a mention by journalists) is that internal fraud by public service employees:
a) is under-reported because the department/agency involved frequently decides to redefine fraudulent activity as procedural incidents which are not included in information supplied to the Commonwealth and there is little in the way of internal incident compilations which would assist in identifying fraud over time or the financial cost of this fraud;
b) much of the identified fraud involves improperly accessing personal information about others;
c) at least 3,171 public service employees were suspected of fraud in 2008-09; and
d) of these suspects 1,842 were classified as improperly accessing information and 203 were involved in corruption (including abuse of power, accepting bribes/kickbacks and collusion/conspiracy).
Given these facts, one might have hoped for a more comprehensive media analysis on the subject of fraud against the Commonwealth.
Excerpts from the AIC report:
# Overall in 2008–09, internal fraud was found to be a more significant risk to Australian Government agencies, with 48 agencies (32%) experiencing internal fraud and 45 agencies (30%) experiencing external fraud. In terms of the number of fraud incidents, however, considerably more incidents related to external fraud (n=797,327) than internal fraud (n=3,371). Yet while external fraud affected more agencies generally, the fraud types that resulted in the most incidents tended to be specific to only a small number of agencies. Of the two external fraud types that produced the largest number of incidents—‘fraud relating to social security’ and ‘fraud relating to visas and citizenship’—these were reported by only two agencies each. While total incident numbers were substantially lower, this pattern was also true for internal fraud, where the most frequent incident type—‘obtaining or using personal information without authorisation’—affected just seven agencies.
# fraud involving obtaining or using personal information without authorisation accounted for 44 percent of all internal fraud reports (n=1,481 out of 3,371 reported incidents).
# Internal fraud involving ‘accessing information via a computer without authorisation’ was reported by 17 agencies.
Click on image to enlarge # In the 2008–09 financial year, Centrelink conducted nearly 3.9 million entitlement reviews that resulted in 641,504 payments being cancelled or reduced and generating customer debts totalling $536.2m (Centrelink 2009).
Hard working Federal MP for Page Janelle Saffin's media release on 4 April 2011 announced the federally funded NSW North Coast bypass at Alstonville is finally operative - well done to community groups, local governments and politicians involved :
Community prepares for Bypass celebrations
Page MP Janelle Saffin has announced that community celebrations to mark the end of work on the Alstonville Bypass will be held on Saturday 7 May.
“This is something the people of Alstonville community have waited decades for, so they are certainly ready to celebrate, and I look forward to joining the party.
“In particular I want to mention the role played by Bob Wilson and members of the Alstonville Bypass committee who lobbied so hard for so long for this bypass.
“Bob has played a key role in community consultations on the bypass and also chairs the organising committee for the community celebrations on May 7.
“It is very rewarding for me to see this project through to completion - from my 2007 election commitment of $90 million for the Alstonville Bypass, to delivering the funding, to the start of works and now celebrating the end of the project.
“The celebrations will be held at the Kay’s Lane end of the bypass, and many community organisations are coming together for this mini-festival.
“On the day, people will also have the opportunity to take a bus tour of the completed bypass route - a sneak preview before the road is officially opened to traffic shortly afterwards.”
4 April, 2011 Media contact: Lee Duncan 0448 158 150
NSW Labor Oppositon Leader John Robertson MP
- no hair, no loyalty, no nous.
These are some of the comments concerning the Member for Blacktown:
"Come on - this destroyer of the Labor Party would not have even known where Blacktown was if he was not dumped into it a few weeks ago. I was one of the many who deserted Labor and voted Lib.... all because of the likes of Robertson and Roosendaal. Now Sussex St has shown us what they really think of us by oozing this grub into the leadership, it will probably be decades before they get my vote again." {'Glenn' online comment in Blacktown Advocate online 31st March 2011}
“John Robertson is very much part of the Labor Party’s problematic past." {Former NSW Premier Morris Iemma in Blacktown Advocate 29th March 2011}
"Let me tell you, if the Labor Party stocks ever get so low as to require your services in its parliamentary leadership, it will itself have no future" {Paul Keating in a 2008 letter to John Robertson according to SBS World News 28th March 2011}
"if the Government goes down the lethal tally of men and women who lose their seats will be to your account" {Paul Keating in a 2008 letter to John Robertson according to Laurie Oakes on Weekend Today program 27th March 2011}
"John Robertson makes the village idiot look like an intellectual." {Gordon Thomas of Hurstville in The Sydney Morning Herald online 2nd April 2011}
This was David Penberthy on 1 April 2011 in Penberthy: Waking up from the Green dream:
Screen snapshot To the enduring disgust of the Labor Party, the Greens chose to direct preferences to the One Nation founder ahead of the ALP, and she may now creep into the Upper House courtesy of their support.
This is David Penberthy on 4 April 2011 in Sorry Greens, we’re not apologising:
Screen snapshot
The Greens are taking The Punch to the Press Council over my column of last Friday accusing them of pushing Pauline Hanson ahead of the ALP by refusing a preference swap with Labor at last weekend’s NSW election.
The story has definitely changed - from preference being officially identified by The Greens to no preferences being identified. This journalist obviously thinks that readers are fools with little short-term and no long-term memory.
The Punch should be ashamed of allowing this cowardly wriggle to be published online. Definitely not Australia’s best conversation by any definition of that term.
Arts Northern Rivers is excited to announce a new Young Creatives Mentoring Project. The first of its kind in the country, the Project will match local young creatives aged 16 to 24 with mentors recruited exclusively from the Northern Rivers' own creative communities.The mentorship program will run for six months from June to November 2011.
Online report from the BBC on 1st April 2011:
Dads launch class action against Mumsnet “Another leading human rights lawyer commented: “This case raises fundamental issues about privacy in the internet age. One of the fathers' complaints is that Mumsnetters are sharing information about every aspect of their private lives, from hygiene habits to genital size. They say they feel that women everywhere are ‘rofling’ at them. Some have become phobic about going online and no longer enjoy exchanging facts about mobile phone specifications. Many now feel so intimidated they can’t even post opinions about Kerry Katona’s breasts on the Daily Mail website. It’s a serious problem.” Mumsnet Founder Justine Roberts said: "Fathers have always been welcome on Mumsnet, I even keep one in my own house. I find it very useful for the spiders."
And from Ryanair this media release on the same day:
Child free flights from October 2011 “When it comes to children we all love our own but would clearly prefer to avoid other people’s little monsters when travelling. While half our passengers would like us to divide our cabins up into ‘adult’ and ‘family’ areas it is not operationally possible due to our free seating policy, with optional priority boarding. However, with clear demand for ‘child free’ flights Ryanair will introduce child free flights on high frequency routes from the start of our winter schedule in October.”
Shoomery ran with this on the 1st April:
Click on image to enlarge Finally, a tongue in cheek via Twitter on 2nd April 2011:
@riverknight Shawn Smith The problem with April Fools Day is that for this one day each year you aren't able to believe everything you read on the internet.
Both the Labor Government and the Federal Opposition should take note of the Australian Electoral Commission’s report on the 2010 general election which resulted in the formation of a minority government because the national ballot produced no clear winner.
According to this report there has been a marked increase in ballot papers which represent a form of protest or unwillingness to support any political party or candidate, along with an apparent rise in the donkey vote.
National Youth Week 2011 begins across Australia today and fun events are scheduled: Mid-North Coast events calendar here. Northern Region events here. Richmond Tweed events here.
Page MP Janelle Saffin is encouraging young people across the region to showcase their talents during National Youth Week, which kicks off today with the theme “Own It!"
“Young musicians, writers, photographers, film makers and graphic designers have until April 17 to enter in the National Talent Competition categories – Rock IT, Write IT, SnapIT, Shoot IT and Design IT,” Ms Saffin said.
“There will be a number of events held all over our region – many of them run by young people for young people- including the art expo in Kyogle, street festival in Ballina, film festival in Grafton and skate competition in Lismore.
“National Youth Week gives local young people of a great chance to display the unique and creative talent our part of the world is famous for.”
“People can get involved by taking part in events, entering one of the many competitions and putting forward their views. “This is a great opportunity for our youth to get out there and own Youth Week in our region,” Ms Saffin said. National Youth Week is a joint initiative of the Australian, State and Territory and Local governments and has run annually since 2000. This year, highlights of the national launch tomorrow (Saturday April 2) will be streamed live on the National Youth Week Young Members’ Facebook page. Information about National Youth Week events and competitions is available at http://www.youthweek.nsw.gov.au/ [Saffin media release 31.03.11]
And now Tony Abbott misrepresents Flannery; will the media call him on it?
Further to the shameless and idiotic noisemaking of the trollumnists on which we commented yesterday, it now seems that the unpopular Liberal leader Tony Abbott is now outright misrepresenting Flannery’s remarks in Parliament:
To recap. During the radio interview in question (audio here) Flannery made it very clear that the world would not immediately commence to cool if the international community was collectively addressing climate change because a) the system is already overburdened by CO2, b) it will take somewhere between 100 to 1,000 years for enough greenhouse gas absorption to occur which would noticeably lower temperature and, c) that no global action on climate change would inevitably lead to a continuous increase in the average temperature of the planet.
Pixie at work
Pixie Bella of Yamba & Woodford Island and Renae Mackenzie of Yamba & Iluka recently won the 2011 Westfield Project Be Styled competition in the Fashion Entourage section. Along with a $3,000 Westfield gift card, model Renae received a makeup artist contract and photographer Pixie received free access to Dallys Models for photoshoots, according to Pixie posting on Facebook. Congratulations to both young women on a well-deserved win.
Excerpt from the COMMONWEALTH FRAUD CONTROL GUIDELINES
4.4 Fraud against the Commonwealth may include (but is not limited to):
· theft · accounting fraud (false invoices, misappropriation etc)
· unlawful use of, or obtaining property, equipment, material or services
· causing a loss, or avoiding and/or creating a liability
· providing false or misleading information to the Commonwealth, or failing to provide it when there is an obligation to do so
· misuse of Commonwealth assets, equipment or facilities · making, or using false, forged or falsified documents, and
· wrongfully using Commonwealth information or intellectual property.
4.5 A benefit is not restricted to monetary or material benefits, and may be tangible or intangible, including the unauthorised provision of access to or disclosure of information. A benefit may also be obtained by a third party rather than, or in addition to, the perpetrator of the fraud.
4.6 Fraud against the Commonwealth takes many forms, and may target:
· revenue (e.g. income tax, GST fraud, customs duties)
· benefits (e.g. social security, health, child care, education/training, visa or grant of citizenship)
· property (e.g. cash, computers, other portable and attractive items, stationery) · information and intelligence (e.g. personal information or classified material)
· Commonwealth program funding and grants (e.g. education, childcare, employment)
· entitlements (e.g. expenses, leave, travel allowances, attendance records)
· facilities (e.g. unauthorised use of vehicles, information technology and telecommunication systems), and
· money or property held in trust or confiscated.
4.7 The risk of fraud can come from inside an agency, that is, from its employees or contractors. This is known as internal fraud. External fraud, on the other hand, is where the risk of fraud comes from outside the agency, that is, from external parties, such as clients, service providers or other members of the public.
4.8 Agencies also need to be alert to the risk of complex fraud involving collusion between agency employees and external parties. Complex fraud, which may also constitute corrupt conduct, can include instances where an employee or group of employees:
· are targeted and succumb to exploitation by external parties (bribery, extortion, grooming for favours or promises), or
· initiate the misconduct (including through infiltration of an agency by an external party).
Note that some forms of corrupt conduct, such as soliciting for bribes or secret commissions, may not cause a direct loss to the Commonwealth, but may distort the market for fair provision of services or inflate prices.
Full document versions here.
Well Bazza, you told everyone who would listen during the NSW election campaign that you'll fight putting a price on carbon and so many wanted K-K-Keneally & Labor gone that they deliberately ignored your blind ignorance. But it's time to get serious - so what are you going to do about the fact that New South Wales continues to live above its income when it comes to energy consumption? Last week the state continued to tread water at 22% above the only credible baseline when it comes to greenhouse gas emissions from coal-fired power generation, gas and petroleum. You reckon you’re not a climate change denier – prove it! Remember if all you do as Premier is flannel former Labor voters they will walk straight back to the ALP in four years time, because they firmly believe in climate change and most are still right behind carbon pricing. So the party may turn into a fizzer. Oh, and Bazza - don't think that here on the NSW North Coast we haven't noticed that your Contract With NSW is so-o-o metrocentric.
The Climate Group NSW report card for 18th to 24th March:
Last year:
Baselines:
……… the election results are in -- let's show the new Government that the people of Sydney want a price tag on pollution.
You might have seen the anti-climate action rally in Canberra last week. This Saturday, the same naysayers and radio shock-jocks will rally in Sydney to say "No!" to climate action.
But around the nation, a bigger group of people are stepping up to say "YES!" In Melbourne, Perth and Port Macquarie, the sceptics and polluters rallies have been massively outnumbered by pro-pollution price people. Now it's Sydney's turn.
Let's stand together this Saturday the 2nd of April. While they're waving their angry placards and saying it can't be done, across town we'll hold a positive, family-friendly gathering to stand up for a clean energy future -- a future where strong action to cut pollution creates 200,000 extra jobs for NSW.
Can you come?
What: Family-friendly rally for a price on pollution (with music and face-painting for kids)
Where: Belmore Park (next to Central Station, behind the Eddy Avenue bus stops)
When: Saturday, April 2, 11am-12noon
RSVP: Click here to register your attendance
Two weeks ago, 300 sceptics protested outside Prime Minister Julia Gillard's electorate office in suburban Melbourne. But that rally was no match for the 8000 people who turned out in the city to support a price on pollution.
When I arrived at the Melbourne rally on my bike, I had the happy problem of getting stuck in the crowd, unable to get through to meet up with Don Henry and ACF staff and volunteers near the stage. Treasury Place was jam-packed. The atmosphere was so positive, with smiling families, inspiring speakers and some great music.
I felt that showing up made a real difference. Instead of the No Brigade owning the news that night, the mainstream media reported that support for a price on pollution was bigger and stronger.
Our movement for change is rising again. We refuse to be fearful of change. We refuse to keep living under the dirty cloud of a pollution-dependent economy. Together, we can step up to hope, action, and shine the light on a cleaner future.
Every day our campaigners are on conference calls with their colleagues in other organisations from the environment, civil society, youth and union movements to make Saturday's event a success -- but ultimately it comes down to you. Will we mobilise more people than the rally against climate action? ACF Climate Campaigner Phil Freeman will be off the phone and on his feet heading to Belmore Park, and he'd love you to join him on Saturday.
Sydney, it's your turn to show up and say "YES!" to a price on pollution.
Denise Boyd
Campaigns Director
Australian Conservation Foundation
P.S. Bring your own positive message on a sign or banner, and please, invite your family and friends!
