Anti BIKE (Not Bikie) Laws Qld.

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neale
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Location: Sydeny NSW

Re: Anti BIKE (Not Bikie) Laws Qld.

Post by neale » Wed Oct 16, 2013 8:19 pm

Shite Andrew, if he chases down vanilla, non aggressive looking bikes like your Vulcan with you aboard, he must be going after anything with no wheels.

Not trying to make any disparaging comments here, but your bike is a nice, respectable (dare I say staid looking?) machine, and you don't look like the type to tape and billage everything in your path, the police force really needs to flush that guy back down where he belongs :o(
Neale
'85 XV1000 with some mods, getting there
'86 XT600Z, going under the knife ASAP

ol_750
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by ol_750 » Thu Oct 17, 2013 8:04 am

neale wrote:Shite Andrew, if he chases down vanilla, non aggressive looking bikes like your Vulcan with you aboard, he must be going after anything with no wheels.

Not trying to make any disparaging comments here, but your bike is a nice, respectable (dare I say staid looking?) machine, and you don't look like the type to tape and billage everything in your path, the police force really needs to flush that guy back down where he belongs :o(
:shock: are you critersising my bike ? I thought it was a noice colour
It matches my keyboard .
Ride Hard Live Free
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neale
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by neale » Thu Oct 17, 2013 11:40 am

You know I wasn't, it's a nice, inoffensive bike, which is why it was a surprise that he jumped on you, of all people.
Neale
'85 XV1000 with some mods, getting there
'86 XT600Z, going under the knife ASAP

Silent Grey Fellow
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by Silent Grey Fellow » Wed Nov 06, 2013 2:47 pm

Why States can do what they like
When Australia federated in 1900 it was a period when most Australians were suspicious of the British parliament and were particularly suspicious of any central government. At that time the States were not prepared to give away too many of their powers to the new central government. As a result, when
our Constitution was drafted it was done so that the federal government only got the minimum necessary powers.
The colony of NSW was split into 5 States and WA was created and so we moved towards a system of representative and responsible government based on adult male suffrage (soon after women got the vote as well). The federal government was and is limited by the powers it was given in the constitution, mostly in section 51, but there are some other powers to be found in different parts of the constitution. The States are not limited by their constitutions as is the federal government. Most states are only limited by the restriction to govern for the 'peace, welfare and good government' of its people. If that is a restriction. The only way to change the Constitution is by a referendum and of about 36 matters put to a referendum only about 6 have been accepted. The Constitution provides that state laws are invalid to the extent they are inconsistent with a federal law. However, if the Constitution has not given a particular power to the federal government the States can legislate as they like. Even if the federal government has been given a particular power the States can still legislate in that area, provided that the state laws are not inconsistent with the federal laws.
As we do not have a bill of rights, it's up to the High Court to interpret the Constitution in a way that protects the citizens of Australia. The High Court has found implied rights in the constitution, while not exactly rights, they act as an impediment to the States making laws that intrude too much on our perceived 'rights'. For example, the High Court has found there is an implied right to communicate on political and government matters. This is not a positive right that you have, but a restriction on state governments legislating away your right to communicate with others, at least, on matters of politics and government.
One of the principals governing our system of government is the principal of separation of powers. Essentially, this means that the parliament makes laws, the executive (Ministers) administer the law and the courts interpret the law. This is where mandatory minimum sentences is important. We believe it is for the judges to sentence convicted persons based on principals of sentencing, however, mandatory minimum sentencing means a judge does not apply principals of sentencing, but applies what the executive says the judge is to do. This is a breach of the separation of powers principal and takes power from the court where there is experience and knowledge of legal principals and gives it to a government minister who rarely, if ever, has this kind of knowledge.
While the separation of powers principal was breached at the moment of federation, because the executive government (the Ministers) are also members of the parliament, it has been an important principal in our political history. But, it is a principal the High Court has previously rejected when arguing cases where, for example, a Minister has power to, effectively, make a law rather than the parliament or mandatory minimum sentencing where the power is taken from judges and given to a Minister. Our founding fathers thought that the balance between the 3 areas of our political system would be enough to protect us from unjust laws. The new Queensland laws, which on any view, are discriminatory, unnecessary and extremely harsh are hard to challenge for these reasons.
These laws could be the forerunner to more even harsher and more undemocratic laws, which the Qld. Government has already foreshadowed and which raises the question if the state government introduces 1930s style Nazi laws what can we do? Next to bugger all, it seems.
Wayne Baffsky
Honorary Counsel,
United Motorcycle Council (NSW)
Last edited by Silent Grey Fellow on Wed Nov 06, 2013 2:49 pm, edited 1 time in total.
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Silent Grey Fellow
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by Silent Grey Fellow » Wed Nov 06, 2013 2:49 pm

My uptake on Waynes words are this is the sooner this country becomes a proper republic with a bill of rights and a one law for one land policy where the people elect the the leader the better. More power has to be put in peoples hands and less in politicians hands the sooner the better.
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Bearcx
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by Bearcx » Wed Nov 06, 2013 8:59 pm

Agreed. +1
The brave may not live long, but, the cautious do not live at all.

Neo Dutch
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by Neo Dutch » Wed Nov 06, 2013 9:09 pm

If you think that as a republic there will be any guaranteed rights for individuals, or we'll get to popularly elect a "president" you are delusional.
Don't let your luggage define your travels.

Neo Dutch
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by Neo Dutch » Wed Nov 06, 2013 9:13 pm

These laws could be the forerunner to more even harsher and more undemocratic laws, which the Qld. Government has already foreshadowed and which raises the question if the state government introduces 1930s style Nazi laws what can we do? Next to bugger all, it seems.
The quickest and easiest way to get these laws thrown out is to actually prove a comparison with Nazi Germany.
Don't let your luggage define your travels.

Prof
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by Prof » Wed Nov 06, 2013 11:39 pm

I believe the Federal Government has been able to get around its original limited powers by 1. offering funding to areas in which it has no legal say and then controlling how that money is spent/threatening to remove it if states don't do as they are told and 2. twisting the meaning of 'treaties with other nations'. The latter actually meant primarily treaties regarding defence, but have been expanded to include UN treaties that then cover areas they have no constitutional role in.

Re a republic... if you look at the top people and the organisations pushing a republic I think you will find our 'bill of rights' will be along the lines of the Soviet Bill of Rights ( which give no legal individual freedom) not the US Bill of Rights which recognises inherent individual rights (above any government)... ie a red herring to get us to agree to a system that will allow them to get in the changes to the constitution that we have been resisting since at least the seventies... ie the very things they are trying to do with the so called bikie laws, terrorist laws and a lot of other sneaky stuff via so called womens and childrens rights etc
Chopit'nrideit... Prof

Silent Grey Fellow
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by Silent Grey Fellow » Thu Nov 07, 2013 4:03 pm

Neo Dutch wrote:
These laws could be the forerunner to more even harsher and more undemocratic laws, which the Qld. Government has already foreshadowed and which raises the question if the state government introduces 1930s style Nazi laws what can we do? Next to bugger all, it seems.
The quickest and easiest way to get these laws thrown out is to actually prove a comparison with Nazi Germany.
https://www.youtube.com/watch?v=QiaFr_jEoCE
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Neo Dutch
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by Neo Dutch » Fri Nov 08, 2013 6:57 pm

Sorry, my tin foil helmet must be mucking up the transmission.
Don't let your luggage define your travels.

Silent Grey Fellow
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Re: Anti BIKE (Not Bikie) Laws Qld.

Post by Silent Grey Fellow » Sun Nov 10, 2013 5:24 pm

Neo Dutch wrote:Sorry, my tin foil helmet must be mucking up the transmission.
Whilst wearing said tin foil helmet try piddling into a switch on power point.....Should fix your transmission :idea: :arrow: :twisted:
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