Australia 2004

 

bulletGood news from Australia. 

             It is expected that new anti-assisted suicide legislation will pass "straight through" the House of Representatives and the Senate.   Also new, anyone soliciting  suicide material on the Internet will face fines up to $120,000.  Dr Nitschki says "the fine will not just be for the act of placing material on the Internet but also include the preparation of material for the Net for the purpose of assisting someone with suicide. You cannot even prepare information in Australia and then go overseas to place that on a website. We would have to relocate." " Mr Nitschke said the Family First party had called for jail terms for those assisting with suicide."  Australia's Internet censorship also includes child pornography - "Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service" and "Defences in respect of child pornography material" and  "child abuse materials"  Penalty: Imprisonment for 10 years

                CHN has included Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Bill 2004 on this page.        

 

 

bullet Coalition poll win hits right to die
bullet Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Bill 2004  

 

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Coalition poll win - hits right to die


By SUELLEN HINDE
October 31, 2004

RIGHT-to-die advocate Dr Philip Nitschke believes the Coalition's overwhelming election victory will signal the end of euthanasia organisations in Australia.

And he believes within a year, the Government will pass laws imposing fines of up to $120,000 for those providing information on assisted suicide.

Before the election the Federal Government proposed legislation -- the Telecommunications and Other Measures Bill 2004 -- which contained a section to limit information about assisted-suicide on the Internet.

But opposition to the Bill saw the suicide material separated into its own Bill, now known as the Criminal Code Amendment (Suicide Related Material Offences) Bill 2004, and referred to the Constitutional and Legal Committee of the Australian Senate.

However, because of the federal election, the committee hearings were cancelled.

Mr Nitschke believes the Coalition victory and the rise of the Family First party will see that new anti-assisted suicide legislation pass "straight through" the House of Representatives and the Senate.

"I guess it might not happen until the new Senate next year but it will go straight through," he said.

"And it will mean that our information service will be forced to move offshore as previously feared. I have never seen this sort of effective Internet censorship.

"The $120,000 fine will not just be for the act of placing material on the Internet but also include the preparation of material for the Net for the purpose of assisting someone with suicide. You cannot even prepare information in Australia and then go overseas to place that on a website. We would have to relocate."

Mr Nitschke said the Family First party had called for jail terms for those assisting with suicide.

"We feel like we are under even greater attack from people strongly opposed to euthanasia," he said.

"We feel fairly pessimistic."

Northern Territory News

Source: http://www.news.com.au/common/story_page/0,4057,11240755%5E13569,00.html

 

 

bulletCrimes Legislation Amendment (Telecommunications Offences and Other Measures) Bill 2004  

STAGE: First Reading  

NAME: Justice and Customs portfolio  

DATE: 24 June, 2004 

PRIVATE: No  

BILL NUMBER:  04141  

DATABASE: Bills

474.30  Using a carriage service for suicide related material
(1) A person is guilty of an offence if:

(a) the person:

(i) uses a carriage service to access material; or

(ii) uses a carriage service to cause material to be transmitted to the person; or

(iii) uses a carriage service to transmit material; or

(iv) uses a carriage service to make material available; or

(v) uses a carriage service to publish or otherwise distribute material; and

(b) the material directly or indirectly counsels or incites suicide; and

(c) the person:

(i) intends to use the material to counsel or incite suicide; or

(ii) intends that the material be used by another person to counsel or incite suicide.

Penalty: 1,000 penalty units.

(2) A person is guilty of an offence if:

(a) the person:

(i) uses a carriage service to access material; or

(ii) uses a carriage service to cause material to be transmitted to the person; or

(iii) uses a carriage service to transmit material; or

(iv) uses a carriage service to make material available; or

(v) uses a carriage service to publish or otherwise distribute material; and

(b) the material directly or indirectly:

(i) promotes a particular method of committing suicide; or

(ii) provides instruction on a particular method of committing suicide; and

(c) the person:

(i) intends to use the material to promote that method of committing suicide or provide instruction on that method of committing suicide; or

(ii) intends that the material be used by another person to promote that method of committing suicide or provide instruction on that method of committing suicide; or

(iii) intends the material to be used by another person to commit suicide.

Penalty: 1,000 penalty units.

474.31  Possessing, controlling, producing, supplying or obtaining suicide related material for use through a carriage service
(1) A person is guilty of an offence if:

(a) the person:

(i) has possession or control of material; or

(ii) produces, supplies or obtains material; and

(b) the material directly or indirectly:

(i) counsels or incites suicide; or

(ii) promotes a particular method of committing suicide; or

(iii) provides instruction on a particular method of committing suicide; and

(c) the person has that possession or control, or engages in that production, supply or obtaining, with the intention that the material be used:

(i) by that person; or

(ii) by another person;

in committing an offence against section 474.30 (using a carriage service for suicide related material).

Penalty: 1,000 penalty units.

(2) A person may be found guilty of an offence against subsection (1) even if committing the offence against section 474.30 (using a carriage service for suicide promotion material) is impossible.

(3) It is not an offence to attempt to commit an offence against subsection (1).


bulletSource:  http://parlinfoweb.aph.gov.au/PIWeb/view_document.aspx?id=1681&table=BILLS

 

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