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Archives for March 1999

Greens Win Protection Of Voting Rights For Youth And Prisoners

This is the text of a press release by the Australian Greens.

Australian Greens press release.

A Greens campaign against Government attempts to disenfranchise young people and prisoners was successful when the ALP, the Democrats and Senator Harradine backed the Greens stand in the Senate.

“This is a victory for democracy, by stopping Government legislation that would close the electoral rolls early before an election, the Senate has protected the integrity of our electoral system,” said Senator
Brown. [Read more…]


Preamble Referendum: Initial Bill – Explanatory Statement

This is the Explanatory Statement for the Initial Bill for the Constitutional Preamble referendum.

Explanatory Statement – Initial Bill

CONSTITUTION ALTERATION (PREAMBLE) 1999

EXPLANATORY STATEMENT

Constitution Alteration (Preamble) 1999

1. Introduction

2. The main elements of the Constitution Alteration (Preamble) 1999

3. The Constitutional Convention’s recommendations relating to a preamble [Read more…]


Preamble Referendum: Exposure Draft

This is the full text of the Exposure Draft for the Constitutional Preamble referendum released by Prime Minister John Howard.

This was the initial bill.

Full text of Exposure Draft for Constitutional Preamble referendum.

Constitution Alteration (Preamble) 1999

Exposure Draft

The Commonwealth Government has agreed that exposure drafts of the Constitution Alteration (Preamble) 1999 and explanatory statement be released for public comment. Exposure drafts of the Constitution Alteration (Establishment of Republic) 1999 and Presidential Nominations Committee Bill 1999 were released for comment on 9 March 1999. [Read more…]


John Howard’s Exposure Draft of Proposed New Preamble

This is the text of an exposure draft for the Preamble referendum, released by Prime Minister John Howard.

Preamble referendum, exposure draft from Prime Minister John Howard.

With hope in God, the Commonwealth of Australia is constituted by the equal sovereignty of all its citizens.

The Australian nation is woven together of people from many ancestries and arrivals. Our vast island continent has helped to shape the destiny of our Commonwealth and the spirit of its people. [Read more…]


A Brief History of the Republican Party

This document was taken from Republican Party publications of the 1990s.

A Brief History of the Republican Party.

A Brief History of the Republican Party

The Republican Party evolved during the 1850’s when the issue of slavery forced divisions within the existing Whig and Democratic Republican parties. Faced with political turmoil, a new party — dedicated to states rights and a restricted role of government in economic and social life — began making history.

Alan Earl Bovay, one of the founders of the Republican Party, believed that a new party should be formed to represent the interests of the North and the abolitionists. He decided to call that party “Republican” because it was a simple, yet significant word synonymous with equality. Moreover, Thomas Jefferson had earlier chosen “Republican” to refer to his party, which gave the name respect borne of historical significance. [Read more…]


A.L.P. Releases A Draft Preamble To The Constitution

The Federal Opposition Leader, Kim Beazley, today released the ALP’s draft of a preamble to the Constitution.

Gareth EvansThe preamble was written by the former Attorney-General and Foreign Affairs Minister, Gareth Evans.

Evans reportedly consulted with Aboriginal groups, the Australian Republican Movement, the Constitutional Centenary Foundation and Federal Finance Minister, John Fahey, before releasing the draft preamble.

The referendum on the preamble will be held in November this year, in conjunction with the referendum on the republic. [Read more…]


Abbott And Costello Defamation Action

This is the full text of the Judgement by Mr. Justice Higgins in the Abbott and Costello defamation action against Random House, publishers of “Goodbye, Jerusalem”, by Bob Ellis.

The Hon. Peter Howard Costello and Tanya Pamela Costello v Random House Australia Pty Limited

and

The Hon. Anthony John Abbott and Margaret Veronica Abbott v Random House Australia Pty Limited

[1999]
ACTSC 13
Defamation


IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

HIGGINS, J

File nos – Nos. SC 224 & 228 of 1997

No. of paras – 469

CATCHWORDS:

DEFAMATION – Publication of defamatory matter – False allegations of shallow political commitment and lack of chastity – Whether matter capable of conveying alleged imputations – Test of ordinary reasonable reader – Natural and ordinary meaning to apply – Mere speculation of reader not relevant – Whether inferences defamatory in fact – Whether ridicule of plaintiffs’ political commitment defamatory in fact – Whether allegation of lack of chastity defamatory in fact – No requirement for special damage where allegation of unchastity – Standard of middle class morality to apply – Imputations held defamatory.

DEFAMATION – Publication of defamatory matter – True innuendos – Whether extrinsic facts sufficient to convey alleged true innuendos – Innuendos held not to arise.

DEFAMATION – Compensatory damages – Extent of damage to reputation where plaintiff is public figure – Whether damage mitigated by defendant – Extent of injury to feelings – Whether aggravated damages appropriate – Whether defendant’s conduct unjustifiable, improper or lacking bona fides – Aggravated damages awarded.

[Read more…]