Having your cartel cake and eating it too

'THE Federal Government has released a draft bill to criminalise cartel behaviour — which proposes that authorities be banned from using telephone taps to uncover evidence of cartels.

The draft bill, released yesterday by Assistant Treasurer Chris Bowen, proposes penalties of up to five years' jail for anyone who makes or implements an agreement with competitors for cartel behaviour and fines of up to $10 million for corporations.

To make criminal charges stick, however, the Australian Competition and Consumer Commission must prove that the person made or carried out the agreement "with the intention of dishonestly obtaining a benefit".

A memorandum of understanding between the ACCC and the Director of Public Prosecutions says the ACCC will focus on "conduct of the type that can cause large-scale or serious economic harm", and "will not ordinarily refer relatively minor cartel conduct to the DPP".'

The Age full article last Saturday:

http://business.theage.com.au/draft-bill-seeks-jail-for-cartel-offenders/20080111-1lhu.html

 

A rather interesting read. The Rudd Government is all for stopping cartel behaviour, but appears to be contemplating taking the guts out of any investigative power by banning telephone interception warrants in cartel investigations.

It's almost as if the Treasurer would like to catch another Visy and is rather scared that he actually might.

However we have all been given until 29 February 2008 to comment on the Rudd Government's draft bill, which was reportedly lifted holus bolus from that quashed Costello draft. 

Knock yourselves out.

 

Discussion Paper and submission details:

http://www.treasury.gov.au/contentitem.asp?NavId=037&ContentID=1330  

Criminal Penalties for Serious Cartel Conduct - Discussion Paper  64.77kb
Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 - Exposure Draft Bill  280.12kb
Draft MOU Between the Commonwealth DPP and the ACCC Regarding Serious Cartel Conduct  161.59kb

Thankful for small mercies

When Nationals Luke Hartsuyker was voted onto the Federal Opposition benches and his compatriot Chris Gulaptis failed to find a seat, that threat to fund the installation of big brother CCTV monitoring in Grafton, South Grafton, Yamba, and possibly Maclean, thankfully went out the window.

Not a good look for a valley which prides itself on a family friendly atmosphere for the tourism trade.

Let's hope local government noticed the lack of enthusiasm for this idea reflected at the polling booths on 24 November.

More police numbers in the Clarence Valley - yes.

Having a filmed record of me surreptitiously adjusting my jeans as I walk down the street - no.

Greenpeace catches up to whaling fleet

Japan will continue its Southern Ocean whaling program, despite being followed by a Greenpeace protest ship. (AFP: Greenpeace, Jeremy Sutton-Hibbert)

"Greenpeace protest ship the Esperanza located the fleet in the Southern Ocean early this morning and the environmental group has vowed to stop the Japanese fleet from killing any whales."
ABC News story yesterday and video link:
http://www.abc.net.au/news/stories/2008/01/12/2137204.htm?section=australia

I don't want the Rudd Government to be fiscally conservative - I want it to save the Murray-Darling rivers

The former Howard Government promised $10 billion and created a new Commonwealth water act supposedly to save the Murray-Darling river system.

Then it sat on its hands and did almost nothing, except plan to rob other catchment areas of freshwater and risk further environmental degradation.

Now there is no more time left for the Murray-Darling. Recent flooding in south-east Queensland and northern New South Wales are little more than a mirage when it comes to returning a strong environmental flow to this large river system.

The new Rudd Government has made a start, but I for one don't want to see federal government become so focussed on balancing the budget that it forgets it must act swiftly to make up for the years of inaction.

 

As for the NSW Government. If I remember my map, this state has the highest concentration of irrigators drawing from the Murray-Darling system. Time for Morris Iemma to stop pretending that there is any water to return to irrigators if he doesn't want to see the river dead within a decade.

 

"STRETCHES of the Murray River are turning into the corrosive equivalent of battery acid, in further evidence the devastating drought is causing more harm to the nation's iconic watercourse.

Scientists are warning that acid sulphate soils are turning river banks and billabongs into death traps for fish and birds and hazards for humans.

It is impossible for animals to survive NSW's Bottle Bend lagoon, which now has a pH -- or acidity -- level dropping as low as 1.8 -- equivalent to the sulphuric acid found in car batteries. And it is corrosive to the touch.

The waterway is just one of dozens of sites throughout South Australia, NSW and Victoria which falling water levels have turned into aquatic graveyards."

The Australian article yesterday:

 http://www.theaustralian.news.com.au/story/0,25197,23040504-30417,00.html

Rudd Government clears up Social Security anomalies for non-parent principal carers of children

Deputy Prime Minister Julia Gillard and the Dept. of Education, Employment and Workplace Relations appear to have recognised that not all children are cared for by blood or marriage relatives under a Family Court parenting order.

It looks as though from 7 January 2008 all non-parent principal carers of children will be able to apply for a 12 month bloc exemption from participation requirements for parenting payments, youth allowance, newstart and special benefits.

At last some commonsense prevails.

ComLaw:
 http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/BCB69D7BEB03CD8ECA2573CC00036065/$file/ExplanatoryStatement.pdf

But where are all the Christmas Beetles?

This has been a strange summer so far around my garden and that of my near neighbours.

No Christmas Beetles, no blossom-feeding bats, few moths and only a handful of butterflies. Even the native bees don't seem to be out and about. And nary a possum clumping over the roof.

The recent rains seem to have encouraged a few more butterflies and moths (and the ubiquitous mosquitoes), but that's about it.

How's the urban wildlife around your town or village?

 

The Humpback Whale - Australia's line in the sand with Japan's whaling fleet

"Humpback whales are known for their magical songs, which travel for great distances through the world's oceans. These sequences of moans, howls, cries, and other noises are quite complex and often continue for hours on end. Scientists are studying these sounds to decipher their meaning. It is most likely that humpbacks sing to communicate with others and to attract potential mates.These whales are found near coastlines, feeding on tiny shrimp-like krill, plankton, and small fish. Humpbacks migrate annually from summer feeding grounds near the poles to warmer winter breeding waters closer to the equator. Mothers and their young swim close together, often touching one another with their flippers with what appear to be gestures of affection. Females nurse their calves for almost a year, though it takes far longer than that for a humpback whale to reach full adulthood. Calves do not stop growing until they are ten years old. Humpbacks are powerful swimmers, and they use their massive tail fin, called a fluke, to propel themselves through the water and sometimes completely out of it. These whales, like others, regularly leap from the water, landing with a tremendous splash. Scientists aren't sure if this breaching behavior serves some purpose, such as cleaning pests from the whale's skin, or whether whales simply do it for fun."
National Geographic:
http://animals.nationalgeographic.com/animals/mammals/humpback-whale.html

Some idle thoughts on why the Australian Federal Police Association supported a Labor win?

Within days of the federal election the Australian Federal Police Association was doing the pretty with the still to be sworn in Rudd Government.

 

"Tuesday, 27th November, 2007

The AFPA congratulates the Prime Minister elect Kevin Rudd and the Labor Party on their election victory. The AFPA has developed a close working relationship with Mr Rudd and his shadow ministry and we look forward to working with the new Government. Prior to the election we received a strong commitment from Mr Rudd to work closely with us in our efforts to ensure that the professional and personal interests of our members would be protected. Importantly, the AFPA also had a good working relationship with all major political parties and we will to continue those relationships
There are two immediate issues that impact all Australian Federal Police employees; that being Mr Rudd's commitment to merge the AFP into a larger Government agency called the Office of Homeland Security, and the AFPA's strong opposition to AWA's or any other form of secret remuneration contract in the policing environment. The AFPA has already made it clear to Mr Rudd that the independent office of constable and independent office of Commissioner is paramount within any future Homeland Security model. At a more general level Mr Rudd has formally announced that he will increase Federal Policing resources and abolish WorkChoices in its current form."

Australian Federal Police Association statement & letter to Arch Bevis:

http://www.afpa.org.au/read/322.html

 

Given that the AFPA had been successful in subverting the Howard Government's attempt to bring its members under individual AWAs, one has to wonder if federal police were becoming rather excited at the thought that they might parley the AFP into an expanded and senior role in the mooted Office of Homeland Security.

While the idea of this new all-encompassing entity has not been received with much enthusiasm by the general public, the Rudd Government has not completely hit the idea on the head.

ABC News:

http://www.abc.net.au/news/stories/2007/11/29/2104943.htm

 

Or could it be that the Australian Federal Police was rather pleased at the thought that it would now have two ministers to approach and is hoping to play one against the other to increase its own power base.

 

It is interesting to note exactly who or what takes responsibility for the biography page of the new Minister for Home Affairs, Bob Debus.

"Date Created: Friday, 30 November 2007
Last Modified: Tuesday, 11 December 2007
Authorised By: Assistant Director, APEC 2007 Security Branch
Maintainer: APEC 2007 Security Branch"
Attorney General's Department:

http://www.ag.gov.au/www/agd/agd.nsf/Page/Ministers_MinisterforHomeAffairs

It's just not cricket

Bad blood between India and Australia continues in the 2008 international test cricket series, with Anil Kumble's repeated suggestion of Australian 'cheating'.

The whole sorry mess can be reduced to one sentence. A plague on both their houses.