Australian High Court: Federal Government has "no power" to remove asylum seekers to Malaysia [excerpts & link to full transcript]

On 25 July 2011 the Gillard Government announced an agreement with Malaysia to transfer asylum seekers arriving by boat in Australia waters to Malaysian territory, after the agreement was legally in effect. This decision was challenged by application to the High Court of Australia.

Here are excerpts from Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106 of 2011 v Minister for Immigration and Citizenship [2011] HCA 32 (31 August 2011).  
FRENCH CJ, GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ presiding.

FRENCH CJ.:

Conclusion

68.         The ministerial declaration of 25 July 2011 was affected by jurisdictional error. It was not a declaration authorised by s 198A of the Migration Act. The plaintiffs cannot therefore be taken to Malaysia pursuant to the power conferred by s 198A(1). Nor is it open to any officer of the Commonwealth to remove the plaintiffs to Malaysia pursuant to s 198(2) of the Migration Act without first assessing their claims to be persons to whom Australia owes protection obligations.

69.         In relation to M106, I agree for the reasons explained in the joint judgment[72] that he cannot be removed from Australia without the prior consent in writing of the Minister under the IGOC Act. I agree with the orders proposed in the joint judgment.

GUMMOW, HAYNE, CRENNAN AND BELL JJ.:

Conclusion and orders

148.      For the reasons that have been given, the Minister's declaration that Malaysia is a specified country for the purposes of s 198A of the Act was made without power. There should be a declaration to that effect. The Minister may not lawfully take either plaintiff from Australia to Malaysia and the Minister should be restrained accordingly. In addition, in the case of the second plaintiff, the Minister should be further restrained from taking the second plaintiff from Australia without there being a consent in writing of the Minister given under s 6A(1) of the IGOC Act. The defendants should pay the plaintiffs' costs of the proceedings to date before Hayne J and the Full Court.

KIEFEL J.:

Conclusion and orders

258.      There was no power to make the declaration of 25 July 2011. Because the declaration is invalid, there is no power to remove the plaintiffs to Malaysia. Any attempt to do so would be unlawful. In the case of Plaintiff M106, his removal from Australia to any country is also unlawful absent the consent of the Minister in his capacity as guardian of Plaintiff M106.

259.      I agree with the orders proposed in the joint judgment.

HEYDON J.:

Conclusion

199.       It is not necessary to deal with an alternative argument advanced by the defendants which relied on s 198 of the Act.
200.      Each Amended Application should be dismissed with costs.

Full judgment transcript here.

Judgement summary here.

* This post was emended for name error and dissenting judgment included

Illness became muse for Poet Lorikeet (sourced from smh, 30/8/11)

 See the complete obituary, written by Geoff Helisma here.

Robert Briseno and Kelly McFadden take on ConAgra Foods Inc over deceptive GMO food labelling

According to the Food Court blog:

two separate class-action suits (McFadden et al v. ConAgra Foods Inc., in the U.S. District Court for the Eastern District of New York, no. 11-3186; Briseno et al v. ConAgra Foods Inc., in the U.S. District Court for the Central District of California, no. 11-5379) seek millions of dollars in refunds on behalf of recent purchasers the Wesson oil line — including canola oil, vegetable oil, corn oil and a blend — as well as a court order prohibiting Con-Agra from making its all-natural claim on Wesson oils.

An application to merge Briseno et al with McFadden et al appears to have been lodged on 16 August 2011.

Robert Briseno et al versus ConAgra Foods Inc [2011]

Ooopps! Google bombs again

Is Google Inc. getting so big that it can't keep an eye on its management staff or has You can make money without doing evil been tossed out the backdoor onto obsolete corporate philosophy pile?

Reuters 24^th August 2011 - Google Inc has agreed to pay $500 million to settle a criminal probe into ads it accepted for online Canadian pharmacies selling drugs in the United States, the U.S. Justice Department said on Wednesday.

The advertisements led to illegal imports of prescription drugs into the country, the Justice Department said.
The forfeiture is one of the largest ever in the United States, according to the department. It represents Google's revenue from Canadian pharmacy advertisements to U.S. customers through Google's AdWords program and Canadian pharmacies' revenue from U.S. sales.
Google had previously set aside that amount for a possible settlement over its advertising practices, according to a regulatory filing in May.
Google, the world's No. 1 Internet search engine, had $29 billion in gross revenue in 2010.

The sweet sound of silence as Bolt gunned down

I don't think it is too long a bow to draw between Andrew Bolt eschewing political comment today.....

News Ltd issuing a statement and apologizing across a number of its banner heads.....

Clive Mathieson, editor of The Australian, said in a statement: ”We’re investigating the Prime Minister’s claim of inaccuracies in the story. As the correction points out, we regret that the PM was not given any chance to respond to the allegations. Glenn Milne remains a contributor to The Australian.”

and this yesterday.........

PM a lost cause for warring unions

The Australian - 16 hours ago

THE real import of the alleged brothel creeping scandal surrounding Craig Thomson has been missed. And it is this: key factions and unions within the Labor ...

Milne appears to have drawn on a Bolt blog for some of his 'ínformation'.

North Coast Voices Petering Time  predicted  a rocky road for Bolt in a 25 August post and it seems he was correct.

2011 may well be the year in which this so-called journalist is finally stripped of his Teflon ® coating.

UPDATE:

The disappointment is profound - Bolt promises to be back tomorrow ;-)

UPDATE
Afrer discussions, I now feel free to speak my mind. So I shall. In tomorrow’s column. I apologise for the mysteriousness, but I did not want to act in anger or before matters had been resolved. I had to be fair to my employer and to my readers, and I apologise if you think I’ve had the balance wrong over the past 24 hours.
Thank you to everyone who has rung, emailed or commented on this post, here and on radio.

All bow down before The Great God TAbbott

When you recover from the desire to shout aloud with laughter, reflect on the overweening conceit contained in this error laden sentence delivered to the Committee for Economic Development of Australia by the current Federal Opposition Leader:

As health minister, I strengthened the cost-effectiveness tests that helped to drive increased life expectancy of more than two years over the course of the government’s term.

Oh, if only longevity was that simple!

Here is the Australian Bureau of Statistics view of life expectancy:

Since the late 1800s, life expectancy for Australian boys and girls has increased by over 30 years. During 1881-1890, the average life expectancy of a newborn boy was 47.2 years and that of a newborn girl 50.8 years. By 2007-2009, average life expectancy had risen to 79.3 years for newborn boys and 83.9 years for newborn girls.
Over the past 125 years there have been changes in what Australians have died of, and the age at which they have died. Up until 1932, infectious and parasitic diseases caused at least 10% of all deaths each year, with death rates from these diseases highest among the very young and very old. Improvements in living conditions in the early 20th century, such as better water supplies, sewerage systems, food quality and health education, led to overall lower death rates and longer life expectancy at all ages.
During the 20th century, degenerative diseases such as heart disease, stroke and cancer replaced infectious and parasitic diseases as the main cause of death of older people.  Not only had infection control measures improved in medical facilities, but public awareness of the value of preventative actions such as hand washing had grown. Increases in life expectancy at all ages in the second half of the 20th century have been attributed to improving social conditions and advances in medical technology such as mass immunisation and antibiotics.
The past two decades have seen further increases in life expectancy. These increases have been partly due to lower infant mortality, fewer young people dying in motor vehicle accidents, and fewer older men dying from heart disease. The reduction in deaths from heart disease has been linked to medical advances and behavioural changes such as improvements in diet and less smoking.

As one can see, with or without The Great God TAbbott, Australian life expectancy at birth has been steadily rising for the last two hundred years.

The entire Abbott address is here.

Two guinea pigs walk into a Queensland bar and create polling heaven

Logging onto The Internetz to see how Oz pollie polling is going this morning? That’s so old school!

Now this is a poll…..

Hartsuyker attempts to deceive Parliament

This is the Nationals Federal MP for Cowper, Luke Hartsuyker, according to his own media release on 25 August  2011:

Federal MP Luke Hartsuyker tonight (Thursday) has told the Federal Member for Lyne Rob Oakeshott that it’s not too late for him to change his position on the carbon tax and start reflecting the views of his electorate.

During a speech in the House of Representatives, Mr Hartsuyker said a poll which appeared in the local newspaper – the Port Paper - confirmed Mr Oakeshott was ignoring the views of his electorate. “We come to this place to represent our electorates. We come to reflect the hopes and aspirations of the people from our communities, and a member of this House occupies their seat at the pleasure of the voters in their electorate,” Mr Hartsuyker told the Parliament.

“A member who acts contrary to the wishes of their electorate will ultimately be judged at the ballot box. Today's headline in the Port Paper, 'Oakeshott support plummets', says it all. We see in today's paper a reflection of what everybody on the North Coast knows. The people of Lyne know that they have been abandoned by their local member. The people of Lyne know—and I will use their words—that they have been betrayed. The people of Lyne know that they have a representative in this House voting against their interests.

As Clarrie Rivers posted last week, the Port Paper appears to be a front for the Nationals.

When Hartsuyker rose to his feet in the House of Representatives and told Parliament The people of Lyne know—and I will use their words—that they have been betrayed he was knowingly directly quoting a Port Paper article written by the editor who is a National Party member and former staffer of three Nationals MPs (including Hartsuyker until May this year).

An article Port Paper displays online at a domain address registered by yet another Nationals staffer.

Hartsuyker would have also known that the survey commissioned by Port Paper and conducted across the Federal electorate of Lyne on Tuesday night (23rd August) used fully automated voice broadcast to contact the 448 respondents. Even right-wing journalist Andrew Bolt hedges his bets on this polling technology.

One has to wonder why Hartsuyker has such little regard for the Australian Parliament that he would attempt to deceive it in this manner.

Teh Rabbit continues to demonstrate an inability to place matters in the proper historical context

The Whitlam Government was dismissed in 1975. Gough Whitlam himself retired in 1978. The Greens did not get elected to the Australian Federal Parliament until 1993. Bob Brown first entered the Tasmanian House of Assembly for Denison in 1983 and later the Senate in 1996.

Yet Federal Opposition Leader Tony Abbott commits this impossible historical comparison in August 2011:

“You know, it’s often been said that the Gillard Government is the worst since Gough Whitlam. Well, I think that’s very unfair to Gough Whitlam who didn’t lack idealism and who never sold the soul of the Labor Party to Senator Bob Brown and the Greens.”

What is a whale worth to Australian coastal communities?

Humpback Whale off Sydney, Australia, in 2011

from The Sydney Morning Herald

Government of Japan subsidised whale hunting in the Antarctic runs at a loss and has done so for years. Even after meat collected on this allegedly scientific hunt is sold on to Japanese retailers for an estimated 6 billion yen ($64.5 million) a year, according to the Asahi Shimbun newspaper on January 23 2010 .

Australian coastal communities have been watching the annual whale migration since people first began to collect on the shoreline. Over the last twenty years this whale migration has begun to play a significant part in many local economies.

As the 2011 IFAW Valuing wales for International Whale Day: Final Report  points out:

What’s a whale worth to Hervey Bay?

Data collected by O'Connor et al (2009) valued direct ticket revenues from whale watching in Hervey Bay at $5.9 million in 20081.

Indirect expenditure associated with whale watching was estimated at $7.0 million, giving a total of $12.9 million.

From these figures and the above population estimates, we calculated present value per whale of AUD $97,000.

What’s a whale worth to Warrnambool?

Data collected by O'Connor et al (2009) found that total expenditure by whale watching tourists was $2.6 million in 20082.

From this total revenue figure and the local population we estimated the following on average present value per whale of AUD $1,259,000.

This value is significantly larger than the values in Hervey Bay and Broome because revenue from whale watching in Warrnambool is high and the population is very small by comparison to the other two regions.

What’s a whale worth to Broome?

O'Connor et al (2009) found direct ticket revenues from whale watching around Broome were $169,000 in 2008.

Indirect expenditure associated with whale watching was estimated at $244,000 giving a total of $413,0003.

From these figures and the above population estimates, we estimated average present value per whale at AUD $32,000.