text:
Bills Digest no. 82 2011–12
PDF version [707 KB]
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
Elibritt Karlsen, Law and Bills Digest Section
Janet Phillips, Social Policy Section
21 Novembr 2011
Financial implications
Main issues and key provisions
Concluding comments
Links: The links to the Bill, its Explanatory Memorandum and second reading speech can be found on the Bill's home page, or through http://www.aph.gov.au/bills/. When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the ComLaw website at http://www.comlaw.gov.au/.
The purpose of the Deterring People Smuggling Bill 2011 (the Bill) is to amend the Migration Act 1958 (the Migration Act) to clarify the meaning of the phrase 'no lawful right to come to Australia'. This phrase is currently the subject of a legal challenge in the Victorian Court of Criminal Appeal.
Both the primary and aggravated people smuggling offences contained in the Migration Act require the prosecution to establish (amongst other things) that where another person organises or facilitates the bringing or coming to Australia, or the entry or proposed entry to Australia, of a non‑citizen, the non-citizen has 'no lawful right to come to Australia'.
The Bill inserts a provision with retrospective application that sets out the circumstances in which an unlawful non-citizen has no lawful right to come to Australia for the purposes of Subdivision A (people smuggling and related offences). Essentially, these circumstances are if the person does not hold a visa that is in effect or does not fall within any of the existing exceptions contained in section 42 of the Migration Act. The provision also clarifies that reference to a non-citizen includes a non‑citizen that is seeking protection or asylum whether or not Australia has, or may owe them, protection obligations.[1]
This Bill was introduced in the House of Representatives at approximately 6:15pm on Tuesday 1 November 2011. Debate ensued immediately following its introduction and the Bill was subsequently passed in the House of Representatives shortly after 7pm the same day. The following day, the Bill was introduced but not debated in the Senate. On 3 November 2011 the Bill was referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 21 November 2011.
There is evidence that the basis for the urgency was a people smuggling matter scheduled for hearing before the Victorian Court of Criminal Appeal on Thursday 3 November 2011 involving a 20 year old Indonesian national, Jeky Payara.[2] This was a test case that was being run by Victoria Legal Aid in which they were going to argue that there was a real question as to whether asylum seekers can truly be said to have 'no lawful right to come to Australia' given Australia's obligations under the 1951 Refugees Convention and the extent to which those obligations have been incorporated into Australian domestic law and practice.[3] According to Victoria Legal Aid, on this question of law:
The President of the Court of Appeal commented that this was an entirely appropriate issue to have brought to the Court given the fact that it impacts on a large number of cases and resolving it early would provide legal certainty, which the efficient administration of justice requires.[4]
This matter was adjourned until 30 November 2011 to allow the parliamentary process to run its course. It is clear that the hearing in the Court of Appeal will most likely be rendered moot if the Bill is passed.[5]
Neither the Minister's second reading speech or the Explanatory Memorandum make any reference to the matter before the Victorian Court of Criminal Appeal. Rather, the Minister said that the amendments are 'critical to ensure Australia's laws criminalising people smuggling are clear and effective and reflect the Parliament's intention when the laws were put in place'.[6]
On 3 November 2011, the Bill was referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry and report by 21 November 2011. Details of the inquiry are at the inquiry webpage.[7] The Senate Selection of Bills Committee identified the following reasons for referral/principle issues for consideration:
The Committee held one public hearing on 11 November 2011 and received only 22 submissions. Interest groups emphasised that the time allocated for submissions to be received was extremely short. The views of submitters on the issues raised by the Bill are broadly canvassed below under the heading 'position of major interest groups'.
Due to time constraints, this Digest will not incorporate the final views of the Committee expressed in its report (yet to be tabled).
The Coalition is supportive of this Bill. As Shadow Minister for Immigration and Citizenship, Scott Morrison, MP stated in Parliament:
The Deterring People Smuggling Bill 2011 is a matter of agreement between the government and the opposition. It is also a matter of urgency. No-one in this place wants to see those who have been involved in these criminal acts being allowed to slip through the net, because, where they have been detained and prosecuted, we wish to see a conviction. The bill seeks to provide clarity, retrospectively, that a person has no lawful right to come to Australia if, at the relevant time, the non-citizen does not hold a visa—that is, in effect, whether or not Australia may have protection obligations under the refugee convention or for any other reason.[9] [Emphasis added].
It is likely that the Australian Greens will oppose this Bill in the Senate. In the House of Representatives, the party's sole MP, Adam Bandt stated 'this Bill ought to be of great concern to anyone who values the basic principles of the rule of law'.[10] He further stated:
This bill is a knee-jerk reaction to an upcoming court case because the government are terrified that the court may in fact say, 'Yes, some people do have a legitimate right to come to Australia, and, no, if you find yourself as a 17- or a 20-year-old Indonesian fishermen caught up within it we are not going to mandatorily sentence you to five years.'[11]
Broadly speaking, major interest groups such as the Law Council of Australia and Victoria Legal Aid oppose this Bill for a variety of reasons. These include:
International law expert, Professor Ben Saul from the University of Sydney expresses the view that, contrary to suggestions made in the Explanatory Memorandum, the Bill cannot purport to validly implement Australia's obligations under the Protocol against the Smuggling of Migrants by Land, Sea and Air supplementing the United Nations Convention on Transnational Organised Crime if the scope of the Protocol (which focuses on 'migrants') in fact excludes refugees, as he asserts it does.[13] He also makes the point that it is disingenuous to suggest, as the Explanatory Memorandum does, that criminalising people smuggling does not prejudice the position of refugees:
The effect of criminalising those who smuggle refugees is to prevent the refugees themselves from reaching safety, unless some effective, alternative or substitute protection is provided for them elsewhere.[14]
Immigration legal centres, such as the Immigration Advice and Rights Centre (IARC) also raise this point. They believe the Bill may negatively affect asylum seekers because it will potentially prevent them from coming to Australia to seek refuge and in doing so will unfairly punish those who seek protection—which is not consistent with Australia's obligations under the 1951 Convention relating to the Status of Refugees (and accompanying 1967 Protocol).[15]
John Menadue from the Centre for Policy Development is of the view that 'in terms of good public policy, this Bill is a tenth-order issue'.[16] He suggests that Parliament should consider an alternative amendment that clearly articulates the values, principles and obligations of Australia towards asylum seekers and refugees.[17]
The Explanatory Memorandum states that the Bill has no financial impact on government revenue.[18]
There are two ways of looking at this Bill. The first is to conclude that it does no more than make a technical amendment to the Migration Act to clarify the meaning of a phrase used in existing people smuggling offences. Another way of looking at this Bill is to consider whether it goes beyond mere clarification. This approach raises a number of ancillary questions, such as:
The following section will consider some of these questions under the heading of two key issues that arise from this Bill, namely whether this Bill declares that asylum seekers do not have a lawful right to come to Australia and whether the retrospective application of this Bill is necessary and justified.
Item 1 inserts new section 228B which is titled 'circumstances in which a non-citizen has no lawful right to come to Australia'. This section sets out the circumstances in which an unlawful non-citizen has no lawful right to come to Australia. Essentially, these circumstances are if the person does not hold a visa that is in effect or does not fall within any of the existing exceptions contained in section 42. New subsection 228B(2) clarifies that reference to a non-citizen includes a non-citizen that is seeking protection or asylum and whether or not Australia has, or may owe them protection obligations.
Under these amendments, the circumstances in which an unlawful non-citizen has no lawful right to come to Australia are only expressed to apply for the purposes of people smuggling and related offences (contained in Subdivision A of Division 12 of Part 2 of the Migration Act). Victoria Legal Aid argues that this amendment nonetheless has broader significance. They are of the view that this Bill effectively declares that an asylum seeker is not a person who has a lawful right to come to Australia.[19]
Under the Migration Act, it is not an offence to enter Australia without a valid visa.[20] However, this has not always been the case. From 1901 to 1994, federal law contained offence provisions respecting unlawful entry and presence in Australia, which was punishable by imprisonment as well as by liability to deportation.[21]
For instance, when the Migration Act was enacted in 1958 it contained a provision that expressly made it an offence punishable by imprisonment for a maximum of six months for a 'prohibited immigrant', that is, an immigrant that did not hold a valid entry permit, to enter Australia.[22] However, this section was eventually repealed by the Migration Reform Act 1992 without explanation and has since never been replaced.[23]
According to a 1990 parliamentary inquiry, 'illegals' have been variously termed 'prohibited immigrants' (1958-1983), 'prohibited non-citizens' (1983-1989) and, from 19 December 1989, 'illegal entrants'. It explains:
'illegal entrant' is a term derived from British common law...The term 'illegal entrant' is defined in section 14 of the Act. An illegal entrant is a non-citizen who has entered Australia illegally or who entered legally but no longer has authority to remain. Illegal entry status can only be acquired by non-citizens at or after entry to Australia.[24]
Significantly, the inquiry report notes that 'frontier asylum claimants, for example, who are permitted to be physically present in Australia while their claims are assessed, are taken not to have entered and are not illegal entrants'.[25] [Emphasis added].
Existing section 42 of the Migration Act states that a non-citizen must not travel to Australia without a visa that is in effect. However, there are a few exceptions to this requirement. Most relevantly, an exception applies to those who are brought to the migration zone[26] under subsection 245F(9) of the Act.[27] This subsection was introduced by the Border Protection Legislation Amendment Act 1999, being legislation expressly designed to 'strengthen legislative provisions relating to people smuggling in order to maintain the integrity of Australia's borders'.[28]
This provision enables people on ships outside the territorial sea of another country to be detained and brought to Australia or taken to a place outside Australia. The rationale for this exception was to ensure that 'where the Commonwealth arranges for or requires a person without a visa to be brought into Australia, those involved in doing so are not exposed to offences under the Migration Act'.[29] It seems that the effect of section 42, with its exception created in subsection 245F(9), is that people, perhaps including asylum seekers, are not required under section 42 of the Migration Act to have a visa. Such persons are nevertheless deemed to be 'unlawful non-citizens' because they are in the migration zone without a visa. This status is explicitly retained by subsection 42(4). The Bill retains the existing exceptions contained in section 42 of the Migration Act. The Explanatory Memorandum does not discuss the exception created in subsection 42(2A) which refers to subsection 245F(9).
An 'unlawful non-citizen' is simply a 'status' designated to persons in the migration zone without a valid visa.[30] For onshore 'unlawful non-citizens' administrative detention is the consequence that flows from acquiring such a status. For 'unlawful non-citizens' taken to an 'excised offshore place' such as Christmas Island, the Act does not require that they be detained—an officer has discretion in this regard.[31]
Justice Hayne of the High Court expressed the view in Al-Kateb v Godwin that the term 'unlawful non-citizen' does not refer to any breach of a law which expressly prohibited the conduct of entering or remaining in Australia without permission:
The use of the terms "lawful" and "unlawful" in the description of immigration status must, therefore, be understood as no more than a reference to whether the non-citizen had that permission. The use of those terms (and in particular the epithet "unlawful") did not refer to any breach of a law which expressly prohibited the conduct of entering or remaining in Australia without permission.[32]
Justice Merkel of the Federal Court of Australia in Al Masri v Minister for Immigration & Multicultural & Indigenous Affairs[33] is of the view that while it may be 'literally correct' to describe an asylum seeker as an 'unlawful entrant' and an 'unlawful non-citizen' such terms are not a complete description of their position and conceal, rather than reveal, their lawful entitlement under international and domestic law to claim refugee status:
The Refugees Convention is a part of conventional international law that has been given legislative effect in Australia: see ss 36 and 65 of the Act. It has always been fundamental to the operation of the Refugees Convention that many applicants for refugee status will, of necessity, have left their countries of nationality unlawfully and therefore, of necessity, will have entered the country in which they seek asylum unlawfully. Jews seeking refuge from war-torn Europe, Tutsis seeking refuge from Rwanda, Kurds seeking refuge from Iraq, Hazaras seeking refuge from the Taliban in Afghanistan and many others, may also be called "unlawful non-citizens" in the countries in which they seek asylum. Such a description, however, conceals, rather than reveals, their lawful entitlement under conventional international law since the early 1950's (which has been enacted into Australian law) to claim refugee status as persons who are "unlawfully" in the country in which the asylum application is made.[34]
The Attorney-General's Department is of the view that 'under the common law, there is no right for an individual to enter Australia to seek protection or asylum'. In addition, they assert 'the High Court has expressed the view that refugees do not have a right of entry under either customary international law or the United Nations Convention Relating to the Status of Refugees (the Refugees Convention)'.[35]
In the time available to prepare this Digest, it is not possible to refer to all the applicable domestic and international law nor explore all the arguments that surround this issue. The Government asserts that the people smuggling offences have been consistently interpreted (presumably by the Courts) in a way that accords with the amendments proposed in this Bill. Moreover, the Government argues that this Bill is simply ensuring the original intent of the Parliament is affirmed. The existence of this Bill, coupled with the context in which it was introduced, does suggest that the interpretation of the phrase is not so clear. Saul Holt from Victoria Legal Aid, and counsel for the accused Jeky Payara, pointed out to the Senate Committee inquiry:
So the question really is: what do the words 'no lawful right to come to Australia' actually mean? There is clearly an argument about that. It was identified by us in this case, and it has been taken so seriously by the Commonwealth that they put 30 pages of submissions in response to ours and enlisted a team of five barristers, including the Solicitor-General personally, another silk, two doctorates and so on. And now, three days before that case was due to be heard in the Victorian Court of Appeal, the legislation is introduced into the House. Those circumstances tend to suggest that there was something in our argument...I can say that I have looked back through all of the Hansard in relation to this, and the history of this phrase is regrettably unclear...It is unprecedented to introduce legislation of this kind of clarifying type three days before a case is to be argued in the Court of Appeal. The parliament would have been in no worse position had it simply waited and heard what the court had said. This legislation would be no less or more permissible had that been done.[36]
Item 2 of the Bill provides that proposed new section 228B will apply in relation to an offence committed, or alleged to have been committed, on or after 16 December 1999 which is the date item 51 of Schedule 1 to the Border Protection Legislation Amendment Act 1999 commenced.
According to two lawyers in the office of the Australian Government Solicitor (AGS) 'there is generally no constitutional impediment to the Commonwealth Parliament legislating retrospectively to alter the law'.[37] However, they acknowledge that there are constitutional principles that limit the circumstances in which remedial or validating legislation can be enacted such as where the legislation impermissibly interferes with judicial power contrary to Chapter III of the Constitution.[38] As they explain:
The separation of powers doctrine embodied in Chapter III of the Constitution prevents the Commonwealth Parliament usurping or interfering with the exercise of judicial power. Remedial legislation often has some impact on either pending, or other, court decisions and questions have arisen in a number of cases as to whether such impacts impermissibly interfere with judicial power. It is now well settled that remedial legislation will not interfere with judicial power contrary to Chapter III of the Constitution simply because it affects pending litigation.[39] [Emphasis added].
In the recent case of Commonwealth Director of Public Prosecutions v Poniatowska [2011] HCA 43 (26 October 2011) Heydon J (dissenting) of the High Court observed:
It is common for the decisions of courts to be reversed by the legislature after they have been delivered. It is less common for this to take place even before they have been delivered. Yet the legislature has got its retaliation in first in relation to this appeal.[40]
Though in that case, legislation was enacted with retrospective application in anticipation of the High Court's decision, the AGS lawyers note that 'a prospective amendment alone would not operate to prevent past convictions from being called into question'. In relation to whether the remedial legislation (the Social Security and Other Legislation Amendment (Miscellaneous Measures) Act 2011) sought to validate some 15,000 existing convictions they further note:
Significantly, the effect of this retrospective application of the duty to notify is not to 'validate' existing convictions by deeming them to be error-free. A provision that operated in this way would likely violate the separation of powers embodied in Chapter III of the Constitution. Rather, the provision ensures that an appellate court considering a challenge to an existing conviction would find, as a matter of law, that there was an obligation on the convicted person to have acted in a certain way at the relevant time. In each case, the obligation was to notify Centrelink of a change in circumstances relevant to the receipt of a social security payment at the time the change occurred.
Thus, the retrospective application of the amendment to the Administration Act has the effect that earlier convictions remain legally effective because, as a result of the subsequent alteration of the law, no consequences would flow from an appeal against the conviction on the same basis that Ms Poniatowska succeeded.[41]
While the Parliament has powers to pass legislation retrospectively, it is usual practice for governments to justify the need for retrospective operation and to ensure that the legislation does not unduly impinge on a person's rights or responsibilities.[42] The Attorney-General's Departmental submission to the Senate inquiry into the Bill explains the basis for the retrospectivity of the amendment in the following terms:
Retrospective application is necessary to ensure the original intent of the Parliament is affirmed, to avoid uncertainty about the validity of previous convictions, and to maintain current prosecutions.
The effect of the retrospective application is to clarify an existing understanding of the laws, and to ensure convictions for people smuggling offences already made, as well as prosecutions underway, would not be invalidated should a court find that the absence of a specific reference to persons seeking protection or asylum means they are not intended to be the subject of the people smuggling offences. The Bill does not alter any of the elements of the existing people smuggling offences in the Migration Act.
There are exceptional circumstances that justify retrospectivity for this Bill. Those circumstances are that it would not be appropriate to risk a significant number of prosecutions being overturned as a result of a previously unidentified argument in relation to the words 'no lawful right to come to Australia'.[43] [Emphasis added].
The Guide to framing Commonwealth offences, infringement notices and enforcement powers [44] produced by the Attorney‑General's Department states 'an offence should be given retrospective effect only in rare circumstances and with strong justification'.
It further states:
Exceptions have normally been made only where there has been a strong need to address a gap in existing offences, and moral culpability of those involved means there is no substantive injustice in retrospectivity. [Emphasis added].
At the public hearing before the Senate Inquiry, Senator Humphries queried whether a distinction can be drawn between the moral culpability of crew members and organisers, even though both are caught by the same people smuggling offences (and mandatory sentencing regime) to which this amendment relates:
They [Victoria Legal Aid] have run an interesting argument, because there is a genuine question about the extent to which people convicted of people-smuggling offences carry moral turpitude for their crimes or whether they are effectively bit players who have been lured into these offences in a variety of circumstances—whether that kind of moral culpability that is referred to in the guidelines actually exists here. I accept that there would be some people for whom moral culpability would be quite clear, but let's assume for the moment that you could argue that a significant number of people convicted under these offences did not have the kind of moral culpability referred to in those guidelines.[45]
This Bill introduces a definition of the expression 'no lawful right to come to Australia', making no distinction between those with a greater or lesser degree of moral culpability for committing such offences. There is also no distinction made in the application of the mandatory minimum sentencing regime.
As explained above, this Bill will amend the offence provisions that capture people smugglers, whether they are crew members or organisers. This is an issue that has already been the subject of debate in the context of this Bill.
People smugglers have been depicted as 'scum of the earth' plying an 'evil trade' in human lives.[46] During their terms as Prime Minister, both Kevin Rudd and Julia Gillard have employed similar language:
People smugglers are engaged in the world's most evil trade and they should all rot in jail because they represent the absolute scum of the earth.[47]
and again:
We are also committed and will continue to be committed to working on law enforcement activities to apprehend and stop people smugglers and the evil trade that they ply.[48]
Others view people smugglers in a more positive light, describing them as 'people movers' providing a 'humanitarian service' to asylum seekers in circumstances where they are denied legal routes of entry.[49]
A leading researcher on forced migration, Dr Khalid Koser (Lowy Institute for International Policy), asserts that in fact there is very little known about people smugglers and the people smuggling trade around the world. However, he asserts that it is typically an economic process whereby almost everybody profits, including the 'societies and economies of the countries they go to'.[50] Other researchers in the field are in agreement, arguing that all that is really known about people smuggling is that it is a highly profitable 'business model' and a central element in irregular migration globally.[51]
Since the late 1990s, most of the asylum seekers arriving by boat in Australian waters have been brought here by people smugglers operating out of Indonesia.[52] Over the years there have been claims that the people smuggling trade in our region is highly organised by criminal elements with links to international mafia syndicates.[53] However, many dispute this, claiming that most of the people smuggling operations are better described as 'fluid 'networks of entrepreneurial individuals and organisers whose connections usually include local fishers, Indonesian officials and individuals or groups in Australia.[54]
Regardless of the truth of these claims, it is well established that the crew members arrested and charged with people smuggling offences in Australia are not typically the organisers or 'king-pins', but usually fishers from impoverished areas of Indonesia seeking additional income.[55] Most are vulnerable to exploitation and many are young:
...the people most likely to be caught and prosecuted are the crew members of the unauthorised boats, not the leaders of the smuggling organisations. Those charged are generally poor, unemployed, illiterate and members of the Indonesian fishing communities around the island of Roti. Many are very young—chosen by the smuggler because they are likely to attract lesser penalties.[56]
According to defence lawyer, Mark Plunkett, only four out of about 400 people arrested over the last two years have been organisers, the rest have been ordinary crew members, many recruited from remote villages in Indonesia.[57] Some are fishermen whose boats have been destroyed by Australian officials after being seized for illegally fishing in Australian waters and who no longer have a livelihood as a result.[58]
A number of crew members are well aware of the penalties, but are prepared to take the risk in order to provide for their families, considering the offer to be too profitable to turn down.[59] Others are completely unaware of the penalties, persuaded into joining the crew as deck hands or cooks with very little notice, and either never paid or paid very little.[60] It could be argued that the latter stand to profit the least from the people smuggling trade.
In an attempt to avoid incarceration, for many years escort vessels have sometimes removed most of the crew before entering Australian waters, leaving only one or two young boys on board for the remainder of the journey in the hope that they will be dealt with as juveniles and returned to Indonesia promptly.[61] Occasionally all the crew are removed.[62] Some argue that the adult crew members who do remain on board often claim to be less than 18 years old to avoid prosecution since those found to be minors are usually removed.[63]
However, others claim that it is just as common for minors to be erroneously incarcerated in adult jails, with one media report claiming that there may be as many as forty Indonesian minors in Australian prisons, sixteen cases of which were under investigation by the Indonesian consulate.[64] In one notorious case, two Indonesian minors aged fifteen and sixteen were released in June 2011 from a high security adult prison in Brisbane where they had been incarcerated for many months.[65] The boys had been deemed to be adults by the Australian Federal Police (AFP) using wrist x-rays to determine age. This technique has been discredited by many experts and is not used by the Department of Immigration and Citizenship (DIAC) to determine the age of asylum seekers arriving by boat.[66] Instead DIAC uses an interview technique to determine age.[67] In July 2011, the Minister for Home Affairs and Justice announced that while wrist x-rays would continue to be used by the AFP, additional measures such as dental records, birth certificates and interviews would be employed to help determine the age of crew members.[68]
On many occasions Indonesia has expressed its concern at the lengthy detention and subsequent incarceration of crew members (particularly minors) and in June 2011 the media reported that a high-level Indonesian Government delegation was due to meet with Australian Government officials to voice these and other growing concerns.[69] As early as July 2009, the Indonesian Ambassador asserted that Australia's treatment of Indonesian nationals apprehended in Australian waters was too harsh, stating that embassy staff had interviewed several crew members on Christmas Island and in the Perth immigration detention centre (presumably while they waited to be processed by the AFP) most of whom were fishermen who claimed to have no knowledge of the true purpose of their voyage.[70] According to media reports the Indonesian Consulate continues to be very concerned and has appointed barrister Mark Plunkett to investigate the cases of about fifty Indonesian nationals being held in adult jails around Australia.[71] It is alleged that most of these prisoners are minors and some may also have been subjected to sexual and other physical abuse.[72]
As at 23 February 2011, there were 161 crew members in immigration detention facilities under investigation for possible prosecution for people smuggling offences.[73] Over the last three calendar years, 493 people have been arrested for people smuggling related offences (as at 18 October 2011).[74] The vast majority of these arrests have related to ventures undertaken prior to the mandatory sentencing regime that came into operation in 2010 (discussed below). Also, of these arrests only ten have been what are termed people-smuggling organisers. As at 18 October 2011, the AFP had seven extraditions of suspected people smugglers on foot— that is people arrested overseas who the AFP are trying to extradite to Australia.[75]
According to the Commonwealth Director of Public Prosecutions (DPP), there were 30 people smuggling prosecutions involving organisers, captain and crew before the courts as at 30 June 2009.[76] A year later (as at 30 June 2010) there were 102 people smuggling prosecutions underway. By 30 June 2011 this figure had tripled to 304.[77]
During the period 1 January 2009 to 18 October 2011, a total of 170 crew members and four organisers had been convicted of people smuggling related offences.[78] While as at 25 February 2010, only one people smuggling organiser had been convicted, one year later (as at 23 February 2011) five had been convicted.[79] As at 15 March 2011, no organisers had been charged under the new people smuggling offence provisions in the Migration Act requiring mandatory minimum sentencing.
On 31 May 2010, the Anti-People Smuggling and Other Measures Act 2010 came into operation.[80] Of most direct relevance, it introduced a new aggravated offence in the Migration Act for people smuggling involving exploitation or danger of death or serious harm (section 233B) and extended the application of higher mandatory minimum penalties to this new offence and to persons who were convicted of multiple aggravated people-smuggling offences in the same hearing. Prior to this amendment, the higher mandatory minimum penalty for repeat offenders only applied where a person had a previous people-smuggling conviction, not where a people smuggler had organised numerous ventures over a period of time.
This Act also inserted into the Migration Act section 233C, which provides for the aggravated offence of people smuggling involving at least five people. This offence carries a penalty of imprisonment for a maximum of 20 years or a fine of $220 000 or both, though mandatory minimum penalty provisions explained above also apply. This offence was simply a remodel of previous section 232A which was titled 'Organising bringing groups of non-citizens into Australia'. As at 15 March 2011, 44 crew members had been arrested and charged under new section 233C of the Migration Act.[81] Those convicted, will face a mandatory minimum penalty of five years imprisonment with three years non‑parole period.[82]
Once again, issues involving sentencing have arisen in the context of the Bill because the amendments affect the operation of offence provisions which are subject to the mandatory minimum sentencing regime in the Act. As noted by submitters to the Senate inquiry and the media more broadly, trial judges have been speaking out about the injustice of the mandatory sentencing regime.[83] To this end, it is perhaps relevant to note the recent sentencing remarks of Justice Blokland of the Supreme Court of the Northern Territory when sentencing 27 year old Mr Mahendra to five years imprisonment for people smuggling under section 233C of the Migration Act:
In my view, a sentence proportionate to the criminality would have been, consistent with general sentencing practice, approximately one year to 18 months imprisonment. I am unable to make such an order. Around one year to 18 months would be deserved, and necessary to meet the deterrent ends of sentencing. I acknowledge, also, that Mr Mahendra, although at a lower end offender, this last leg of any voyage between Indonesia and Australia is a vital part of the operation.
I fully acknowledge the need for general deterrence, however deterring of poor, uneducated fishermen in Indonesia has not been achieved by mandatory sentences, and at the same time has removed judicial discretion to pass proportionate sentences. Other members of this court have made similar observations. It is important people be deterred from committing this offence, particularly because of the safety issues to all persons, and the understandable concern in the community about that. Unfortunately, the five year sentence I am obliged to impose has an arbitrary element to it, as does most forms of mandatory imprisonment.
Australia is a party to the international covenant on civil and political rights. Article 9.1, in part states that no-one shall be subjected to arbitrary arrest or detention. Assigning a five year sentence of imprisonment, without judicial consideration of the gravity of the offence, in terms of the circumstances of the offending and the offender may, in my view, amount to arbitrary detention. In the usual sense it is understood, it must be arbitrary because it is not a sentence that is a proportional sentence. The court is deprived of the usual function to assess the gravity and, therefore, be able to pass a proportionate sentence...
It is of concern, the sentence that I am about to pass in this case may amount to a contravention of some of the most fundamental and widely accepted principles of international justice. In relation to this particular accused, because I am unable to pass a proportional sentence, but rather am forced to sentence on the arbitrary term of five years, I do request the Federal Minister for Justice and Home Affairs to review this sentence in the light of well accepted sentencing principles and international principles, and consider Mr Mahendra for release in exercise of the prerogative of mercy. I note her Honour Kelly J requested similar action in relation to another offender.[84][Emphasis added].
As this Bill has bi-partisan support, it is likely to be passed by the Senate without delay. Though this Bill simply makes a technical amendment— its impact will not be insignificant. Not only will it secure the people smuggling convictions that have been recorded since 1999 (precise number unknown), it will likely render moot the hearing in the Victorian Court of Appeal in the test case being run by Victoria Legal Aid, and potentially incorporate a declaratory statement in the Migration Act that asylum seekers and others seeking protection, have no lawful right to come to Australia irrespective of whether Australia owes them protection obligations or not.
It is perhaps understandable that the Government does not want to wait until the judiciary determines this question of law. Perhaps there is a real likelihood that a court will depart from the current understanding of the offence provisions—which the Government alleged the High Court recently did with respect to section 198A of the Migration Act (the basis upon which it was to transfer asylum seekers to Malaysia under the 'Malaysia Arrangement').
Perhaps the debate surrounding this Bill serves to highlight the need for an inquiry into the operation of the people smuggling offences and the effectiveness of the mandatory sentencing regime that is relied on to deter people smuggling in the region.[85] A need which is arguably highlighted by the impassioned remarks of solicitors defending people smugglers and the trial judges tasked with sentencing them.
Members, Senators and Parliamentary staff can obtain further information from the Parliamentary Library on (02) 6277 2759.
[1]. Australia's protection obligations towards such persons arise from its ratification of various international human rights treaties, including the 1951 Convention Relating to the Status of Refugees (and accompanying 1967 Protocol).
[2]. For background see: P Mares, 'Migration law faces another legal challenge', ABC Radio National, 2 September 2011, viewed 6 September 2011, http://www.abc.net.au/rn/nationalinterest/stories/2011/3308881.htm
Non-Government MPs explicitly referred to the case during the second reading debate in the House of Representatives, however the Law Council of Australia in their Submission to the Senate inquiry note that the Minister did not 'consider it proper to refer to relevant court matters': Law Council of Australia, Submission to the Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, 9 November 2011.
[3]. Victoria Legal Aid, Submission to the Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, November 2011.
[4]. Ibid.
[5]. Ibid.
[6]. B O'Connor (Minister for Home Affairs), 'Second reading speech: Deterring People Smuggling Bill 2011', House of Representatives, Debates, 1 November 2011, p. 38.
[7]. Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, 3 November 2011, viewed 14 November 2011, http://www.aph.gov.au/senate/committee/legcon_ctte/deterring_people_smuggling_bill_2011/index.htm
[8]. Senate Selection of Bills Committee, Report no. 15 of 2011, 3 November 2011, p. 7, viewed 4 November 2011, http://www.aph.gov.au/senate/committee/selectionbills_ctte/reports/2011/rep1511.pdf
[9]. S Morrison, 'Second reading speech: Deterring People Smuggling Bill 2011' House of Representatives, Debates, 1 November 2011, pp. 40—41, viewed 9 November 2011, http://www.aph.gov.au/hansard/reps/dailys/dr011111.pdf
[10]. A Bandt, 'Second reading speech: Deterring People Smuggling Bill 2011' House of Representatives, Debates, 1 November 2011, p. 41, viewed 9 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansardr%2F04021734-63e0-4db0-b75b-b1305f8abe32%2F0079%22
[11]. Ibid., p. 42.
[12]. Law Council of Australia and Victoria Legal Aid, Submissions to the Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, 9 November 2011, viewed 14 November 2011, http://www.aph.gov.au/senate/committee/legcon_ctte/deterring_people_smuggling_bill_2011/submissions.htm.
[13]. B Saul, Submission to the Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, 4 November 2011.
[14]. Ibid.
[15]. Immigration Advice and Rights Centre (IARC), Submissions to the Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, 10 November 2011.
[16]. J Menadue, Submissions to the Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, November 2011.
[17]. Ibid.
[18]. Explanatory Memorandum, Deterring People Smuggling Bill 2011, p. 2.
[19]. Victoria Legal Aid, Submission to the Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, op. cit.
[20]. It is an offence under the Migration Act to enter Australia using forged or false documents or to present a document to an official containing information that is false or misleading in a material particular. The maximum penalty for contravening this provision is imprisonment for 10 years or 1000 penalty units ($110 000), or both.
[21]. Al-Kateb v Godwin [2004] 219 CLR 562 per Gummow J at 86, 6 August 2004, viewed 21 November 2011, http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2004/37.html
[22]. Sections 27 and 6 of the Migration Act 1958.
[23]. Al-Kateb v Godwin [2004] 219 CLR 562 per Gummow J at 86, op. cit.
[24]. Joint Standing Committee on Migration Regulations, 'Illegal entrants in Australia – balancing control and compassion', September 1990, p. 25. [Footnotes omitted].
[25]. Ibid.
[26]. Under section 5 of the Migration Act, 'enter Australia' means entering the migration zone. Relevantly, the 'migration zone' is the land that is part of a state or territory. This includes an excised offshore place, such as Christmas Island. See also: DIAC, 'Fact sheet 81 - Australia's excised offshore places', DIAC website, viewed 17 November 2011, http://www.immi.gov.au/media/fact-sheets/81excised-offshore.htm#b
[27]. Paragraph 42(2A)(c)(i) of the Migration Act 1958. This subsection was inserted with effect from 16 December 1999, by Part 4, Schedule 1 to the Border Protection Legislation Amendment Act 1999.
[28]. Explanatory Memorandum, Border Protection Legislation Amendment Bill 1999, p. 1, viewed 17 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillhome%2Fr925%22
[29]. Ibid., p. 3.
[30]. Section 13 of the Migration Act 1958 contains the definition of 'lawful non-citizen' while section 14 contains the definition of 'unlawful non-citizen'.
[31]. See subsections 189(3) and (4).
[32]. Al-Kateb v Godwin [2004] 219 CLR 562, per Hayne J at 207—208.
[33]. Al Masri v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 192 ALR 609, [2002] FCA 1009 (15 August 2002).
[34]. Ibid., at [61].
[35]. Attorney-General's Department (AGD), Submission to the Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, November 2011.
[36]. S Holt (Victoria Legal Aid), Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, Public hearing transcript, 11 November 2011, pp. 13—15.
[37]. B Gilmour-Walsh and S Thornton (Australian Government Solicitor (AGS)), 'Validating invalid legislative provisions', Paper presented to the Constitutional Law Forum in Canberra on 16 November 2011.
[38]. Ibid.
[39]. Ibid.
[40]. Commonwealth Director of Public Prosecutions v Poniatowska [2011] HCA 43 (26 October 2011) Heydon J at [45], AustLII website, viewed 17 November 2011, http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/43.html
[41]. B Gilmour-Walsh and S Thornton, op. cit. [Footnotes omitted].
[42]. See D Pearce and R Geddes, Statutory interpretation in Australia, sixth edn., LexisNexis, 2006, Chapter 10 for a comprehensive discussion of the retrospective operation of legislation. Pearce notes that the constitutional validity of retrospective legislation has been affirmed in Polyukhovich v Commonwealth [1991] 172 CLR 501, amongst others.
[43]. Attorney-General's Department (AGD), Submission to the Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, op. cit.
[44]. AGD, 'A guide to framing Commonwealth offences, infringement notices and enforcement powers', AGD website, viewed 16 November 2011, http://www.ag.gov.au/www/agd/agd.nsf/Page/Publications_GuidetoFramingCommonwealthOffences,CivilPenaltiesandEnforcementPowers
[45]. G Humphries, Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Deterring People Smuggling Bill 2011, Transcript of public hearing, 11 November 2011, p. 24, viewed 16 November 2011, http://www.aph.gov.au/senate/committee/legcon_ctte/deterring_people_smuggling_bill_2011/hearings/PROOF_HANSARD_111111.pdf
[46]. For example, P Dorling, "Scum of the earth' ply dangerous trade'", Canberra Times, 18 April 2009, p. 1, viewed 7 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2FUXAT6%22
[47]. K Rudd, 'Transcript of doorstop interview: Government House, Lifehouse at RPA; Ashmore Reef boat incident', Sydney, 17 April 2009, viewed 8 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2FB2RV6%22
[48]. J Gillard (Prime Minister), 'Transcript of joint press conference', Canberra, 13 October 2011, viewed 8 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2F1162009%22
[49]. For example, M Grewcock, 'Scum of the earth? People‑smuggling, criminalisation and refugees', Human Rights Defender, vol. 19, no. 3, December 2010, viewed 7 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22library%2Fjrnart%2F405167%22
[50]. K Koser, 'The economics of smuggling people', Refugee Transitions, no. 23, Summer 2009, p. 10, viewed 7 November 2011, http://www.gcsp.ch/New-Issues-in-Security/Publications/Faculty-Publications/Journal-Articles/The-Economics-of-Smuggling-People-Article-by-Khalid-Koser
[51]. F Heckmann, 'Towards a better understanding of human smuggling', European Network of Excellence on International Migration, Integration and Social Cohesion (IMISCOE), Policy Brief, no. 5, November 2007, viewed 7 November 2011, http://library.imiscoe.org/en/record/267576; Amnesty International estimate that four million people are trafficked or smuggled every year at a value of US$10 billion. For further details see the Amnesty International people smuggling website, 23 March 2009, viewed 7 November 2011, http://www.amnesty.org.au/refugees/comments/20601/
[52]. S Hoffman, 'Looking back, looking forward: Australia, Indonesia and asylum seekers 1999–2009', in S Perera, G Seal and S Summers, Enter at own risk? Australia's population questions for the 21st Century, Black Swan Press, Perth, 2010, Chapter 5, pp. 117–118, viewed 7 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22library%2Fjrnart%2F483414%22
[53]. R Balint, Troubled waters: borders, boundaries and possession in the Timor Sea, Allen and Unwin, Sydney, 2005, p. 142.
[54]. S Hoffman, op. cit., p. 118; and J Hunyor, 'Don't jail the ferryman: the sentencing of Indonesian people movers', Alternative Law Journal, vol. 26, no. 5, October 2001, p. 225, viewed 7 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22library%2Fjrnart%2F7DI56%22
[55]. Ibid., pp. 119 and 125; and J Hunyor, op. cit., p. 224.
[56]. M Crock and D Ghezelbash, 'Do loose lips bring ships? The role of policy, politics and human rights in managing unauthorised boat arrivals', Griffith Law Review, vol. 19, no. 2, 2010, viewed 7 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22library%2Fjrnart%2F347879%22
[57]. H Cohen, 'Casualties in the war on people smuggling', Radio National, Background briefing, 30 October 2011, viewed 7 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22emms%2Femms%2F226767%22
[58]. Ibid. The number of foreign fishers apprehended in Australian waters has decreased markedly in the last few years due to increased enforcement and deterrence efforts by Australian officials. In 2010–11 there were 14 apprehensions, down from a peak of 367 in 2005–06. See Australian Customs and Border Protection Service, Annual report 2010–11, p. 48; and Annual report 2009–10, p. 75.
[59]. Ibid.
[60]. Ibid; and J Hunyor, op. cit., p. 224.
[61]. T McInerny, 'People smuggling: an inhuman trade', Platypus, September 2000, viewed 8 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22library%2Fjrnart%2FIIC56%22
[62]. For example, on 7 November 2010 a boat was intercepted north-west of Christmas Island with 81 passengers on board, but no crew. See B O'Connor (Minister for Home Affairs and Justice), Border protection command intercepts vessel, media release, 8 November 2011, viewed 8 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2F1213703%22
[63]. For example see '"Child" people smugglers are adults', West Australian Online, thewest.com.au website, 30 May 2011, viewed 8 November 29011, http://au.news.yahoo.com/thewest/a/-/breaking/9539646/child-people-smugglers-are-adults/ Note: Between 2008 (when the number of irregular maritime arrivals began to increase) and mid 2010, 19 crew members deemed to be minors and 14 adult crew members were removed voluntarily; source: Department of Immigration and Citizenship (DIAC), Red Book, 2010 election, 2010, part A, item 19, attachment B, IMA key statistics.
[64]. H Cohen and R Henschke, 'Child casualties in the war against people smugglers', ABC website, 29 October 2011, viewed 8 November 2011, http://www.abc.net.au/news/2011-10-29/casualties-in-the-war-against-smugglers/3607994
[65]. L Murdoch, 'Boat boys weep on release from jail', The Age, theage.com.au website, 18 June 2011, viewed 8 November 2011, http://www.theage.com.au/national/boat-boys-weep-on-release-from-jail-20110617-1g7yv.html
[66]. L Murdoch, 'Wrist X-ray won't prove child's age, says expert', Sydney Morning Herald, 27 June 2011, viewed 8 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F875094%22 and N Skilton, 'Doctors slam asylum seeker age test', Australian Doctor, 14 October 2011, viewed 8 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22library%2Fjrnart%2F1164091%22
[67]. For details of the outcomes of this technique see the answer to Question on notice number 702, Senate Legal and Constitutional Affairs Legislation Committee, Answers to Questions on notice, Immigration Portfolio, Budget Estimates 2011–12, 24 May 2011, viewed 8 November 2011, http://www.aph.gov.au/senate/committee/legcon_ctte/estimates/bud_1112/diac/BE11-0702.pdf
[68]. R McClelland (Attorney General) and B O'Connor (Minister for Home Affairs and Justice), Improved process for age determination in people smuggling matters, media release, 8 July 2011, viewed 8 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2F906838%22
[69]. D Guest, '"Child" smugglers concern Indonesia', Australian, 13 June 2011, viewed 8 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F841328%22 Note: the Australian Institute of Criminology (AIC) recently published a paper on the specific vulnerabilities of young people in the region with regard to labour exploitation and trafficking more generally; see J Larsen, 'The trafficking of children in the Asia-Pacific', Australian Institute of Criminology, Trends and Issues in Crime and Criminal Justice, no. 415, April 2011, viewed 8 November 2011, http://www.aic.gov.au/documents/0/1/B/%7B01B01E30-2D3F-44EC-A3F6-713A85400134%7Dtandi415_001.pdf
[70]. P Maley, 'Ambassador defends Indonesians: law "too harsh" on people smugglers', Australian, 4 July 2009, viewed 8 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F721U6%22
[71]. N O'Brien and C Marriner, '50 pawns of people smugglers languish in our cells', Sun Herald, 6 November 2011, viewed 9 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F1205207%22
[72]. Ibid.
[73]. Senate Legal and Constitutional Affairs Legislation Committee, Answers to Questions on notice, Attorney General's Portfolio, Additional Estimates 2010–11, 22 February 2011, Question no. 70, viewed 4 July 2011, http://www.aph.gov.au/senate/committee/legcon_ctte/estimates/add_1011/ag/070_SID.PDF
[74]. Senate Legal and Constitutional Affairs Legislation Committee, Attorney General's Portfolio, Supplementary Budget Estimates 2010–11, 18 October 2011, Hansard transcript, viewed 7 November 2011, http://www.aph.gov.au/hansard/senate/commttee/s377.pdf ; See also the AFP's breakdown of each of the people‑smuggling related charges over the last 3 years including the date, the location of the arrest and the incident to which it related to as well as the charge outlined in: Senate Legal and Constitutional Affairs Legislation Committee, Answers to Questions on notice, Attorney General's Portfolio, Additional Estimates 2010–11, 22 February 2011, Question no. 25 attachment, viewed 4 July 2011, http://www.aph.gov.au/senate/committee/legcon_ctte/estimates/add_1011/ag/025_AFP_Attachment.pdf
[75]. Ibid.
[76]. Commonwealth Director of Public Prosecutions, Annual report 2008-09, Canberra, 2009, p. 72, viewed 4 July 2011, http://www.cdpp.gov.au/Publications/AnnualReports/CDPP-Annual-Report-2008-2009.pdf
[77]. Senate Legal and Constitutional Affairs Legislation Committee, Answers to Questions on notice, Attorney General's Portfolio, Budget 2011–12, 25 May 2011, Question no. 13, viewed 4 July 2011, http://www.aph.gov.au/senate/committee/legcon_ctte/estimates/bud_1112/ag/13_CDPP.pdf; CDPP, Annual report 2010—11, p. 84.
[78]. Senate Legal and Constitutional Affairs Legislation Committee, Attorney General's Portfolio, Supplementary Budget Estimates 2011–12, 18 October 2011, Hansard transcript, p. 68, viewed 7 November 2011, http://www.aph.gov.au/hansard/senate/commttee/s377.pdf
[79]. Senate Legal and Constitutional Affairs Legislation Committee, Answers to Questions on notice, Attorney General's Portfolio, Additional Estimates 2010–11, 22 February 2011, Question no. 70, viewed 4 July 2011, http://www.aph.gov.au/senate/committee/legcon_ctte/estimates/add_1011/ag/070_SID.PDF
[80]. The Anti-People Smuggling and Other Measures Act 2010 can be viewed on ComLaw at: http://www.comlaw.gov.au/Details/C2010A00050/Download
[81]. Senate Legal and Constitutional Affairs Legislation Committee, Answers to Questions on notice, Attorney General's Portfolio, Additional Estimates 2010–11, 22 February 2011, Question no. 25, 22 February 2011, viewed 17 November 2011, http://www.aph.gov.au/senate/committee/legcon_ctte/estimates/add_1011/ag/025_AFP.pdf
[82]. Section 236B of the Migration Act. A person convicted of multiple offences in the same proceeding will be subject to the higher mandatory minimum penalties of eight years imprisonment with a non-parole period of five years.
[83]. See for instance: The Queen v Tahir and Beny, unreported, Supreme Court of the Northern Territory, Mildren J; M Dillon, 'Warning on smuggler sentence', NT News, 2 September 2011.
[84]. The Queen v Mahendra, Supreme Court of the Northern Territory, Transcript of sentencing proceedings, Blokland J, 1 September 2011, viewed 17 November 2011, http://www.supremecourt.nt.gov.au/documents/sentencing_remarks/2011/09/Mahendra_01092011_21041400_SenNet.pdf
[85]. For analysis of the Government's ability to effectively so-called 'smash the people smugglers' business model' see: K Koser, 'Smashing the people smugglers' business model', The Lowy Institute for International Policy's The Interpreter, 3 November 2011, viewed 17 November 2011, http://lowyinterpreter.org/post/2011/11/03/How-to-smash-the-people-smugglers-business-model.aspx
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The University of Central Arkansas' chapter of Beta Alpha Psi — the honorary organization for Financial Information students and professionals — earned a first-place award recently at the organization's 2013 Southwest Regional Conference in Dallas.
UCA students Amber Brewer, Kaci Burrow and Kristen Flynn were awarded first place in the Best Practices competition in the category of Innovation in Developing Soft Skills, according to a news release. The three made a presentation based on a program the UCA chapter of Beta Alpha Psi developed to improve communication skills of its members. Six other schools competed in this category.
The win allows the students to advance to the national competition in Anaheim, Calif., in August.
"The UCA Accounting Department is so proud of its chapter of Beta Alpha Psi and all the students who make it great. Please help us acknowledge the successes of these students who prioritize their education and professional development high enough to give up a weekend, take tests early and put in countless hours to the chapter," said Stephanie Watson, faculty advisor and associate professor of accounting.
The UCA chapter has scored five first-place wins and one second-place win at the regional level since the chapter began competing in the Best Practices category in 2007. At the national competition level, the team has ranked at first place and third place one time each.
Other achievements for the UCA chapter of Beta Alpha Psi during the 2013 Southwest Regional Conference include the following:
Seniors Daniel Meador and Alex Harbuck gave a presentation at the conference called, "Fantastic Field Trips." Meador and Harbuck spoke to members of other Beta Alpha Psi chapters about field trips to accounting firms, manufacturing and distribution companies and professional organizations.
This year, UCA's chapter hosted the conference. UCA chapter members logged hundreds of service hours by planning activities and helping during the conference.
Students Alex Dunn, Anastasia Zagelskaya, Blake Payne, Cheyenne Marcum, Darvin Knight, Chenxi Huang, Yuqun Gu and Giau Phan also participated in the conference. Tien Huynh and Van Hoang both graduated in 2012 but returned to work on the conference.
For more information, contact chapter faculty advisors Connie McKnight at email@example.com or 450-5313 or Watson at firstname.lastname@example.com or 450-5317.

subset: commoncrawl


text:
In This Issue
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Log into RTFC's Member Center to access archived issues of Capital Connections.
RTFC is a member-owned, not-for-profit cooperative created solely to serve the financial needs of the rural telecommunications industry.
Created in 1987 to provide financing for rural telephone companies and cooperatives and their affiliates, RTFC is the only private-sector lender owned and governed by the rural telecom industry.


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Can someone please give me advise on whether it is better to do USMLE step1 first or step2CK first, right after final yr MBBS? Not just blindly following what seniors do or what the general trend is, but logically considering the pros and cons. Reasoning would be appreciated. Also examples of any friends/family who has taken the Ck before step1 approach and whether they have done well, not done well etc.
Am looking forward to replies from people who have BEEN THROUGH the hurdle of STEPS.
Would prefer pakistani/indian point of view, but others can give their suggestions as well.


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It looks like you're new here. If you want to get involved, click one of these buttons!
Hi Guys
I am one of the organising team behind princes parkrun in Liverpool, for those that are not aware parkrun is a weekly 5k running event open to runners of all abilities and takes place every Saturday morning at 9am in princes park (near sefton park)
parkrun has lots of things going for it, its friendly, its fun, and it caters for both non competative and competative runners and probably one of the most loved aspects is it is completely FREE!
The course we have at princess park is a certified 5k course, meaning the distance is accurate.
All you need to do to take part is register in advance on www.parkrun.com and then just turn up and take part, believe me it gets addictive we have many regular ever present runners.
So come on guys get yourself registered and come along and take part, take full advantage of this free service, believe me you will have a great experience.
The event is organised by volunteers most of whom are runners giving up there time to ensure that everything is in place for you to have the best experience possible, so even if you are not planning on running why not come along and volunteer to help out, it would be greatly appreciated.
We recently had over 100 runners for the first time, and we want to keep growing and hopefully match the achievements of other parkruns around the country.
Check us out on facebook by searching for princes parkrun
And get yourself registered and get involved
haha cougie I was thinking exactly the same thing, it seemed really steep
its great to see so many young runners making it along to parkrun these days, the atmosphere is always good and you get to meet some great people, I think we really are building a great little community that has brought this often overlooked park to life.
See you tomorrow cougie and keep spreading the word, princes parkrun is definately the place to be on a Saturday morning
Did my first parkrun today at Princes park. Fun, friendly and free. A big thankyou to the marshalls who are very supportive and helpful.
Certainly a bit chilly this morning and this was a great way to warm up for the day.
Hope to be helping at a few of these events over the forthcoming months - it would be great to keep things going over the winter months.
Well done and thanks to everybody who supports this event.
See you all next week!
Hi Paco,
That is great, good to hear that you enjoyed it.
See you next week
Mark Windsor wrote (see)
Think I'll come down tomorrow to do my 1st Princes Parkrun since moving from Cardiff. Looking forward to it!
Hi Mark
That is great, it is always good to welcome newcomers to parkrun.
See you tomorrow
Well I would have been, but thanks to a comedy of errors I couldnt make it!
Lost my barcode, headed to the LJMU library to print another one off, that was shut! Then turned on my garmin and the battery was dead! Looks like it's gonna have to be next week now!
So was it a fast course course Mark?
I knew it wasn't fast, but thats compared to a very fast Cardiff Parkrun.
I ran it in 17.30, but with people around me I'm sure it could have been a bit quicker. The laps make it easier to concentrate on pacing and I reckon it's around 20-30 seconds slower than a perfectly flat 5k route. I'd love to run it again next week but I'm racing in Swansea on the Sunday. I'd recommend parkrun events in general to anyone. This event will continue to grow i'm sure, and if it grows to 300+ people there seems to be a lot of scope in that park to create another course than can cope with that.
I was marshalling at Princes today Mark and so I saw you fly past me on a couple of occasions. Well done on your win in a very good time.
Hope you make it back soon.
My first Princes parkrun today coincided with the 300th day of my 'Streak' - and I can't think of a more appealing park in which to complete it! Beautiful surroundings, friendly atmosphere and hills that were both fair & undulating at the same time.
Will I be back? Try keeping me away
Big thank-yous to all who were involved
Glad you enjoyed it swittle. Did you find the nearest station? I didn't reply because I wasn't sure which station is the closest to Princes park.
It would be remiss of me not to ask about your 'streak'.
Thanks, Paco - I opted for the car in the end, as St Michael's is a fair step away from the park.
"The Streak"? I started running at least a mile every day in 2008 and managed 1315 days before injury in January this year. Soon after, I set off again and yesterday's parkrun was Day 300 of my second 'Streak'.
It's my own peculiar madness, I suppose....
Bit of a thread resurrection...
I've never run a Parkrun event before, but as I'm in Liverpool this weekend, I'm considering going along to Princes Park on Saturday morning.
I've always wondered what actually happens with the barcodes. Where does the barcode get scanned? Are there handy scanners at the start and finish lines or something? So it's my responsibilty to scan at the start and finish? Or, well, something else??
Hi Calum. No need to register at the start. Just run with the barcode attached to you or in a pocket somehow. When you finish you are given a disc with your position on, this is matched and scanned with your barcode so that you appear in the results. I put my barcode in a credit card sized plastic sleeve so it doesn't get too soggy. I normally run the York Parkrun and it is a very simple system once you are used to it.


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Published 4:00 am, Sunday, December 26, 1999
A fleet of 71 dual-hinged rail transit cars for use on the Municipal Railway subway and surface lines was recommended by the City Public Utilities Commission. Running time from The Embarcadero to West Portal, engineering consultant Louis T. Klauder estimated, would be cut from 35 to 14 minutes. - Jan. 21
Settlement of the strike of City employees that has crippled San Francisco for the past four days was reached after an all-night negotiating session. The Municipal Railway remained paralyzed throughout the morning, but began rolling around noon. Schools were kept open on an irregular and spotty basis. - March 16
The people of Earth paused for the first time in their long history to pay collective tribute to the planet on which they live. Centered in the Bay Area, where the two national founders of the movement were making appearances, Earth Day observances cut across all levels of student activities. - April 22
The United States announces it has authorized U.S. military advisers to serve with South Vietnamese troops in Cambodia and has also agreed to provide air and artillery support. - April 29
- How is climate change affecting the Bay Area? SFGATE
- Hail in Petaluma, Feb. 22 Twitter / @Leeeeeeeeeeeesa
- Trump discusses removing ICE from California White House
- History-making African Americans with ties to the Bay Area Drew Costley
- Oakland A's manager Bob Melvin on Jake Smolinski San Francisco Chronicle
- Winter driving conditions on I-80 Feb. 22 Caltrans District 3
- SpaceX launch Feb. 22 San Francisco Chronicle
- West Oakland Station Body Camera Video San Francisco Chronicle
- The family of Sahleem Tindle watches body cam footage Courtesy of the Tindle family
- They Survived the School Shooting. Now They're Calling for Action. New York Times
Four students - two of them women - were killed and at least 11 wounded by gunfire as Ohio National Guardsmen broke up an unauthorized anti-war rally on the campus of Kent State University in Ohio. - May 4
A full-fledged strike was in effect at Stanford University - and scattered incidents of violence occurred this afternoon on the campuses at the University of California, Berkeley, and San Francisco State. - May 4
Several hundred New Mobe (New Mobilization Committee to End the War in Vietnam) demonstrators forced their way into the City Hall rotunda, chanting obscene Nixon epithets in protest over the Cambodian invasion. Demonstrators, led to the rotunda by attorney Terence Hallinan, scuffled with members of the police tactical squad. - May 4
Four persons - a Marin County Superior Court judge, two San Quentin convicts and a gunman who tried to free them - were shot and killed in the failure of an elaborately planned escape attempt at the Frank Lloyd Wright Civic Center north of San Rafael. Three women jurors, an assistant district attorney and another convict were wounded. They were taken to Marin General Hospital - the prosecutor and the convict in critical condition. - Aug. 7
A huge, wind-whipped forest fire engulfs an exclusive residential district high in the East Bay Hills and rages on unchecked through tinder-dry eucalyptus. Thirty-seven residences are destroyed and 12 damaged above the Hotel Claremont on the Oakland-Berkeley line. - Sept. 22
Almost 1,500 persons, old and young, Catholic, Jewish, Protestant and otherwise, got up before dawn to attend the first Mass in St. Mary's Cathedral.
- Oct. 15
Hundreds of office workers evacuated the towering Bank of America World Headquarters skyscraper when fire broke out on the 35th floor. - Nov. 18
A mass demonstration protesting the presence of South Vietnamese Vice President Nguyen Cao Ky at the Fairmont Hotel broke up this afternoon in scattered scenes of violent disorder. Roving bands of dissidents - mostly young persons - stoned police, smashed some car and residence windows, started fires, tipped over at least one automobile, smashed bus windows and tried to take over cable cars. - Dec. 1
The season for the 49ers ended with the Dallas Cowboys defeating the 49ers, 17-10, for the championship of the National Football Conference and a trip to Miami for the Super Bowl. It ended, for sentimentalists, in Kezar, which will be the 49ers' home no more. - Jan 3
Two 17,000 ton Standard Oil Co. tankers collided in zero-visibility fog just outside the Golden Gate Bridge and in the next few hours up to 1.9 million gallons of oil were spilled onto the Bay. The heavy black bunker fuel - a "gummy, gooey mass" - blackened the Bay shores at various spots. It lay along Bridgeway in Sausalito and the rocky shore of Angel Island. Wildlife was threatened, and conservationists set up bird-rescue teams. - Jan. 18
The first black pom pom girls will cheer the football and basketball teams next year at the University of California in Berkeley. - May 20
Supervisors' President Dianne Feinstein can't bring herself to support homosexual marriages, she told an audience of some 300 homosexuals last night. But, she declared at a meeting of SIR - the Society for Individual Rights - she is anxious to "help bring your community more into the mainstream of life here." - May 20
About 1000 of the 4500 youths attending a rock concert at Winterland Saturday night got stoned when someone spiked caldrons of water with LSD. - May 31
Farm-labor contractor Juan Corona accused of multiple murders near Yuba City: The orchard of death which has already yielded 23 bodies may never reveal all of its grim secrets. This is the opinion of Sheriff Roy D. Whiteaker, the man who has been leading the search for bodies for the past 11 days. - June 1
In record time, three-fourths of the states have approved Amendment No. 26 to the Constitution, extending the vote in state and local, as well as federal, elections to all Americans between 18 and 21 years of age. - July 1
America is a nation without a draft for the first time in 23 years due to a congressional deadlock over attempts to force U.S. withdrawal from Indochina. - July 1
Stiffly and silently, the life-sized mechanical doll mimics good-natured passersby to the amusement of Union Square shoppers and sun-lovers. Dressed in white pancake makeup, white gloves, and a black and beige toy soldier's uniform, Robert Shields performs daily - except Sunday - "to make people happy." - July 6
Three guards and four convicts, including George Jackson, one of the three Soledad Brothers, were shot and killed, and three officers were reported seriously wounded in one of the worst escape attempts in San Quentin Prison's history. - Aug. 22
San Francisco begins the nation's largest integration-through-busing program with parents keeping thousands of pupils away from schools. Opposition to the program is heaviest in Chinatown, where some buses have fewer than half a dozen passengers. - Sept. 13
Orioles beat Athletics in American League Championship Series, three games to none. - Oct. 5
Pirates beat Giants in National League Championship Series, three games to one. - Oct. 6
San Francisco voters re-elect Mayor Alioto, reject six-story height limit on future building, forbid Muni from cutting cable car schedules. - Nov. 3
Capital punishment in California is unconstitutional, the State Supreme Court rules. - Feb. 18
Sausalito voters elect former madam Sally Stanford to the City Council on her sixth try. "Sinners never give up," she said triumphantly. - April 12
Angela Davis' jury in San Jose apparently had almost no trouble at all in deciding she was not guilty of murder, kidnap and conspiracy charges. She was charged as an absent accomplice in the fatal 1970 attempt to kidnap Marin County Judge Harold P. Haley, Assistant District Attorney Gary W. Thomas and three woman jurors and hold them as ransom for the release of the Soledad Brothers, particularly George Jackson. - June 5
A new San Francisco-Oakland bridge - the Southern Crossing - will not be built after residents of six Bay Area counties defeated Proposition "A" yesterday by a margin of 3 to 1. - June 7
Three-hour lines at voting booths: San Francisco's monumental election foul-up had top officials - with the wisdom of hindsight - looking for ways to prevent it from happening again. - June 7
It wasn't Middletown, U.S.A. For some, it wasn't even San Francisco. It was The City's first-ever Gay Parade. Costumed in an array of paint and polish, over 1000 gays wound their way through downtown San Francisco, past topless-bottomless joints, bookstores offering the works of Harold Robbins, and pick-up bars, symbols of other more established forms of sexual preference. - June 26
For the Jews - who will usher in the Hebrew Year 5733 at sundown - the services at Temple Emanu-El last night were different and yet agonizingly and historically familiar. What might have festively heralded the 10-day Rosh Hashana period and its climactic Yom Kippur, Day of Atonement, was instead a memorial service of mourning for the 11 murdered Israeli Olympians. - Sept. 8
BART opens: Trains of the Bay Area Rapid Transit System begin carrying passengers along its new 28-mile Oakland-Fremont line. - Sept. 11
One BART car ran off the end of the track at Fremont in the system's first major accident. Five people suffered minor injuries. - Oct. 2
UC Berkeley sociologist debunks myth of San Franciscans as hard drinkers. High per capita consumption is caused by tourists and commuters drinking here, she says, and high cirrhosis rate is result of coroner' s office conducting autopsies on 99 percent of its cases. - Oct. 22
Athletics take World Series from Cincinnati, four games to three: By the time the new world champions of baseball touched down aboard a World Airways charter flight, there were 20,000 revelers filling the airport terminal and overflowing on to the apron of the landing strip. Crowd is four times larger than the one that greeted President Nixon at Oakland Airport four weeks earlier and nearly twice as large as the A's average attendance for 1972. - Oct. 23
President Nixon re-elected in landslide. California voters pass coastal protection and restore death penalty, but reject marijuana decriminalization. - Nov. 8
Wine, women and song in the tradition-bound Faculty Club of the University of California at Berkeley? The former stronghold of male supremacy that has previously served only wine and beer has now voted to admit women to its ranks and has been granted a full liquor cabinet besides. - Dec. 3
Snow powders The City: Twin Peaks had it; so did the Richmond, Sunset and Haight-Ashbury districts and Golden Gate Park. Neighbors bundled up and turned out to make snowballs. It was so cold that it stuck, lying about an inch deep in some places. White patches remained well after daybreak. - Dec. 8
The final bon voyage for an American President passenger liner rings out tomorrow at 7 p.m. as the President Wilson sails from Pier 80. The demise of the Wilson will end 125 years of ocean passenger liner service by APL and its predecessor companies - all of them out of San Francisco headquarters. - Jan. 3
States may not forbid women to have medical abortions during the first six months of pregnancy, the Supreme Court rules 7 to 2. - Jan. 22
The last American forces pull out of South Vietnam after a decade of military intervention that cost 46,000 U.S. lives. - March 29 (Ultimately that number was put at 58,000.)
A tremendous explosion in an East Bay chemical plant rocks the Bay Area with earthquake-like force. Many thousands are shaken out of their sleep by the huge blast at 4:26 a.m. - April 5
The San Francisco Symphony and guest pianist Andre Watts have scored smashing successes in Leningrad, which takes pride in its reputation as one of the USSR's major cultural centers. - June 11
Inspired by Thoreau, Marin artist Tim Graveson lives in the woods for a year - in a tree house 30 feet off the ground near Inverness. - July 24
S.F. State social worker professor says opposition to new McDonald's outlets is a defense of San Francisco's "advanced culture" against the "general decline of the quality of life in this country." He attacks commercials for convincing "people that by walking into a McDonald's, they can solve their problems." - Aug. 19
The San Francisco Jewish community was stunned by the outbreak of war in the Middle East yesterday as it offered prayers for the survival of Israel during the holiest of Jewish holidays, Yom Kippur. - Oct. 7
Vice President Spiro T. Agnew resigned and then pleaded nolo contendere (no contest) in federal court in Baltimore to one count of income tax evasion. - Oct. 10
One day after its dedication as National Park Service property, Alcatraz starts first guided tours for boatloads of tourists. - Oct. 26
BART service arrives in San Francisco years behind schedule. Because of continued safety problems, the trans-Bay tube, which will connect the 56-mile East Bay system to the City, still is not in operation. A forged letter from Mayor Alioto on official City stationery promised $20 worth of "free shoplifting" at department stores along the route: "The generosity of the merchants will be refunded through BART revenues." - Nov. 3
Police investigators were checking the validity of a letter from the group calling itself the Symbionese Liberation Army and claiming responsibility for the Tuesday night attack that killed Oakland School Superintendent Dr. Marcus Foster. - Nov. 9
With fuel supplies tightening, Governor
Reagan signs bill lowering state speed limit to 55 mph. - Dec. 13
No, it's not April, but your clocks should be set ahead one hour today. Because of the energy crisis, Daylight Savings Time has arrived prematurely this year as a fuel-saving device. - Jan. 6
Police mounted one of the largest manhunts in The City's history in a search for at least two men who shot and killed four persons and left a fifth critically wounded in random attacks last night. The pattern of murders was strikingly similar to the wave of senseless shootings that began in late November and accounted for six deaths and two persons wounded in less than a month. The
manhunt is named "Operation Zebra."
- Jan. 29
Newspaper heiress kidnaped: Patricia Hearst is in the hands of the Symbionese Liberation Army, according to a letter delivered to Berkeley radio station KPFA. - Feb. 7
"The Hearst Corporation is prepared to contribute to People In Need a total of $4 million for a food distribution program for the poor and needy, provided Patricia Hearst is released unharmed." - Feb. 23
Chaos, frustration, humiliation and sometimes violence marked the opening of PIN food banks at four Bay Area locations. - Feb. 23
Former U.S. Senator William F. Knowland, editor and publisher of the Oakland Tribune, killed himself yesterday at his summer retreat on the Russian River. - Feb. 24
Governor Reagan's special gas sales program went into effect in Alameda, Contra Costa and Solano counties. There, only motorists whose license plates are composed entirely of letters or end in odd numbers could buy gas. Vehicles with plates ending in even numbers or zeroes get their chance in those counties tomorrow. Santa Clara and San Mateo counties join Reagan's odd-even plan Monday.
- March 1
Nevada bordello owners say the industry is feeling the pinch of the energy problem as fuel shortages keep customers away.
- March 2
Yesterday's big bank holdup here may have been staged as a boastful, arrogant display of the kidnaped Patricia Hearst as a "converted" member of the Symbionese Liberation Army, investigators speculated. - April 16
The Muni's new monthly passes are proving so popular that 20,000 May passes that are supposed to be on sale until May 7 will probably be gone today. The Fast-Pass sells for $11. - May 1
Five persons were killed in Los Angeles in the most ferocious gun battle in the city's history as police and FBI agents surrounded a suspected Symbionese Liberation Army hideout. - May 18
The last building to be cleared from the delayed Yerba Buena Center, the Milner Hotel, is finally meeting the wrecking ball. The old hotel at Fourth and Mission streets was the center of legal disputes by elderly residents of the area for three years. - June 20
Vice President Gerald Ford visits San Francisco, says President Nixon "has no intention of resigning" if impeached for the Watergate coverup. - July 30
Dancing in the streets: More than 1,000 Berkeley street people celebrated the end of the Nixon administration by dancing, singing and blocking traffic. Among the chants: "Jail to the Chief." - Aug. 9
4 years late: BART commuter trains begin running through the transbay tube on a regular schedule, smoothly ushering in a new era of transportation for countless thousands of Bay Area residents. - Sept. 16
Oakland A's fans staged a wild celebration after the team's third consecutive World Series victory. - Oct. 18
Health department's Mobile Assistance
Patrol vans begin cruising the streets:
It's the start of a new era in handling
public inebriates here. Many will be diverted from the criminal justice system and the drunk tank. Alcoholism will be treated as a sickness, not a crime. - Jan. 16
More than 10,000 sympathizers of the United Farm Workers union, led by Cesar Chavez, gathered in Modesto for a massive rebirth of the union's organizing offensive. - March 2
Berkeley, rocked time and time again with bitter anti-war demonstrations until its name became synonymous with opposition to the Vietnam War, came alive with jubilation as word spread that South Vietnam had fallen. - April 30
Some 60 feminists, union officials and supporters paraded along San Francisco's Broadway nightclub strip in a noisy protest against alleged wage and sex exploitation of cocktail waitresses and other women employees. - May 1
Gov. Jerry Brown signed into law a bill legalizing most sexual activities between or among consenting adults in private. The governor's signature marks a milestone also for San Francisco Assemblyman Willie L. Brown Jr., who has carried the measure since 1969. - May 13
Warriors win NBA championship: With a 96-95 victory yesterday, Golden State completed perhaps the most stunning upset in basketball history with a four-game sweep of the heavily favored Washington Bullets. - May 26
The San Francisco school board voted unanimously to outlaw discrimination against gay teachers. - June 18
Like latter-day mythological gods, Mick Jagger and the Rolling Stones proved to 15,000 screaming fans at the Cow Palace that they are indeed "The World's Greatest Rock 'n' Roll Band." - July 16
The arrest, when it came, was quiet, anti-climactic. It amounted to almost a shrug, in stark contrast to the fiery end met 16 months ago by Patty Hearst's alleged SLA comrades in Los Angeles. Miss Hearst, kidnaped heiress turned purported revolutionist, surrendered meekly when an FBI agent and San Francisco cop entered her modest second-floor apartment in the outer limits of San Francisco's Mission. - Sept. 19
EXTRA! Shot Fired At Ford: A shot was fired at President Ford by a woman as he left the St. Francis Hotel. The president was not hurt. - Sept. 22
It was all very sad. The Boston Red Sox were beating the Oakland A's out of the American League pennant - depriving them of an opportunity to win a fourth straight World Championship - and
there wasn't very much anyone could do about it. - Oct. 8
Sen. George R. Moscone is San Francisco's mayor-elect by the narrowest of margins. The man he defeated, Supervisor John Barbagelata, citing "all sorts of reports of hanky panky," said he may demand a
recount. - Dec. 12
At least 12 persons were killed when fire raged through a big Mission District apartment building that had been condemned - for fire safety law
violations - two years ago. - Dec. 12
The California crab - fat, plentiful and relatively cheap - clatters once more on Bay Area dinner plates after four sparse years. Supermarkets offer the red-shelled Humboldt variety (brought in at Eureka and Crescent City) for $1.29 a pound these days. - Jan. 6
President Ford signed a proclamation terminating the executive order which sent more than 112,000 Japanese-Americans to internment camps during World War II. Executive Order 9066 was signed by President Franklin D. Roosevelt 34 years ago today and was never really lifted. - Feb. 19
As a symbolic austerity gesture, Mayor Moscone stops weekly delivery of Golden Gate Park flowers to his office. Park department mistakenly cuts all City Hall deliveries, causing political tempest in a flower pot. - March 3
Patricia Hearst is sentenced to 25 years in prison for 1974 S.F. bank robbery with SLA. - April 12
Conditions along Market Street, especially between Fourth and Eighth streets, have deteriorated to a point where merchants are boiling mad. Business operators meet with Police Chief Charles Gain to complain of "hundreds of winos, panhandlers, pimps, prostitutes, pickpockets and shoplifters." - May 19
Residence limit for city employees extended from 30 to 34.5 miles after policeman's wife points out that the law says "airline miles" and airlines use nautical miles, which equal 1.15 ordinary miles. New legal homes for city employees include Inverness, Pittsburg and Pleasanton. - June 4
The San Francisco version of the Bicentennial didn't exactly follow the script. A traffic jam and fog spoiled the view of a huge Alcatraz fireworks display. - July 5
Drought strikes: Water bills being sent to San Franciscans this month carry notices admonishing them to conserve water. - July 8
There's a growing movement, up and down the California coast, to legalize nude sunbathing, now punishable by a $500 fine and/or a six-month term in the clinker. - Aug. 19
The unexpectedly aggressive San Francisco debate between President Ford and Jimmy Carter set off political shock waves. In the debate at the Palace of Fine Arts, Carter accused the President of making an "absolute distortion" of his position. Later, Ford said Carter was "totally inaccurate" on another matter. - Oct. 7
Mayor Moscone met with The City's top criminal justice officials last night to map an attack on crime and violence on the Municipal Railway. - Nov. 17
"Channel 5's hiring of KCBS radio personality Dave McElhatton to anchor its 6, 7 and 11 p.m. newscasts with Lynne Joiner is a bold stroke - either a flash of genius or an incredible blunder. I think it was a great idea." - TV critic Bill Mandel, Dec. 7
The Oakland Raiders - pro football's most dominant team for the last decade -
finally won the big one. The biggest one. The Raiders inundated the Minnesota Vikings in a flood of records in Pasadena, 32-14, for the Super Bowl XI championship. - Jan. 10
San Francisco City Hall functioned under its tightest police security in history as city officials attempted to cope with a wave of bombings, attempted bombings and threats. - Feb. 7
The Rev. Jim Jones, pastor of People's Temple, is the new chairman of the San Francisco Housing Authority. - Feb. 25
San Francisco Sheriff Richard Hongisto starts a five-day jail sentence for contempt of court, after refusing to evict tenants of International Hotel on Kearny Street. - April 29
Former Mayor Alioto is awarded $350,000 in damages for a libelous article published by the now-defunct Look Magazine purporting to link him with the Mafia. - May 3
San Francisco's homosexuals showed their anger at Anita Bryant's anti-gay crusade and the slaying last week of a gay gardener by staging a gigantic downtown parade yesterday. The crowd was estimated at 200,000 to 300,000. - June 27
There are more rats than people in San Francisco, according to the Health Department, blaming the lack of rain to wash out sewers. - July 26
New tests indicate that that the famous plate of brass that Sir Francis Drake supposedly left near San Francisco four centuries ago is a hoax. -July 27
The tenants of the International Hotel were forcibly removed from the landmark Chinatown building despite the efforts of more than 1,000 supporters who sought to prevent the eviction by forming a human barricade. - Aug. 4 (Demolition begins in January 1979. The site remains vacant and unbuilt as 1999 ends.)
The "Yippie Pie Thrower" nails Supervisors President Quentin Kopp with a banana cream pie at Mission planning meeting. - Aug. 10
Golden Dragon massacre in Chinatown: Five persons were killed and 11 wounded when three masked gunmen sprayed a Washington Street restaurant with
shotgun and automatic weapons fire.
- Sept. 5
A powerful bomb exploded on the east wall of the Presidio, shattering hundreds of windows in homes and mansions in the plush Pacific Heights area. The New World Liberation Front claimed credit, as it did for earlier bombs at Opera House, Pacific Union Club and Olympic Club. - Sept. 15
Harvey Milk wins seat on Board of Supervisors, becoming California's first openly gay elected official. Another new supe: Dan White. - Nov. 9
Both sides regrouped after a savage "naval battle" between Waldo Point houseboaters and Marin County sheriff's deputies in which dozens of persons were injured and 10 arrested. The houseboaters, who for years have been fighting development of a modern marina, assembled a flotilla of canoes, kayaks, skiffs and dinghies to blockade a pile driver. - Dec. 13
Supervisors pass ordinance banning anti-gay discrimination in housing, jobs and public accommodations. Supervisor Dan White casts the only dissenting vote. - March 21
The man who plunged 27 stories down a shaft inside the Transamerica Pyramid is in satisfactory condition and "talking rationally." .s.s. When he dashed by the guard in the lobby of the Pyramid to make his ascent, he shouted, "I want to see the man at the top. I want to see God!" - April 2
A baby girl was born on a bus near 19th and Castro streets last night, delivered by a safe-driving Muni driver who learned his midwife techniques on television. The Anchor Oyster Bar provided towels. - May 12
Gay-rights bill defeated by Eugene, Ore.,
voters. As after similar recent losses in St. Paul, Minn., and Wichita, Kans., thousands of gays and lesbians march peacefully in San Francisco. - May 24
"We, the taxpayers, have spoken," thundered Howard Jarvis. State voters pass Jarvis-Gann initiative, Proposition 13, sharply cutting property taxes and local-government budgets. - June 7
The Supreme Court orders the University of California at Davis to admit Allan Bakke to its medical school, ruling that he had suffered illegal discrimination because he is white. But the court says race can be taken into account in college admissions programs. - June 28
After 15 years of delays resulting from lawsuits and civic dissension, Mayor George Moscone breaks ground for Yerba Buena convention center. - Aug. 11
More than half the 493 protesters arrested after two days of demonstrations at the Diablo Canyon nuclear plant have been released and are planning more demonstrations today. - Aug. 8
San Francisco Catholics mourn Pope John Paul I. Archbishop John R. Quinn expresses shock: "The grief is compounded because of the nearness of the death of Pope Paul" just 53 days earlier. - Sept. 29
California voters reject Briggs initiative: The measure even receives a thumping defeat in Orange County, stronghold of Fullerton Republican state Sen. John Briggs, who sponsored the attempt to bar homosexual teachers from state schools. - Nov. 8
Rep. Leo Ryan and three other persons were ambushed and killed as they waited to board an airplane near the Peoples Temple jungle mission at Jonestown, Guyana. Among the dead: Examiner photographer Greg Robinson. - Nov. 19
The death toll in the mass ritual suicide-murder at Jonestown reached 912.
- Nov. 26
Mayor George Moscone and Supervisor Harvey Milk are shot and killed at City Hall, and troubled ex-Supervisor Dan White is booked for investigation on two counts of murder. - Nov. 27
Dianne Feinstein is elected mayor of San Francisco by a 6-to-2 vote of the Board of Supervisors. - Dec. 4
A six-alarm arson fire at Kaplan's Surplus burns out of control for more than four hours on Market Street this morning, destroying two six-story buildings and snarling rush-hour traffic. - Jan. 4
BART train catches fire in trans-Bay tube: Toxic smoke that transformed BART's underwater tube into a choking death
chamber for an Oakland fireman and
injured scores of others was fueled by
plastic seat cushions already recognized
as fire hazards. - Jan. 18
BART trains, with safety officers aboard and a long list of fire-safety measures completed or planned, resume service through the trans-Bay tube at 5:20 a.m. - April 5
Thousands of anti-nuclear protesters jammed the Civic Center Plaza to hear a parade of speakers denounce PG&E and demand a halt to the construction of the Diablo Canyon nuclear power plant. - April 8
White Night riots: Violence and vandalism raged into the early hours around San Francisco's Civic Center, and a shocked Mayor Feinstein said homosexuals will face heavy police resistance if they allow their anger over Dan White's manslaughter conviction to trigger any more destruction. - May 22
Acting Mayor Gordon Lau signs rent control into law establishing a new city board empowered to deny landlords rent increases of more than 7 percent in a year. - June 13
An earthquake registering 5.9 on the Richter scale, perhaps the mightiest in the Bay Area since the great quake of 1906, shakes wide areas of Northern California, injuring at least 10 persons and causing some property damage. - Aug. 6
Bay Area commuters face the prospect of life without BART after management shuts down the system after a sudden "sickout" by train operators. No talks are scheduled. Major commuting delays are expected. - Sept. 1
A wild-shooting sniper who ranted that he would blow up six blocks in downtown San Francisco was captured quietly by police yesterday after holding them
off for 23 hours. His 55-year-
old woman hostage was
unharmed. - Oct. 7
BART trains will
resume full service late next week with last night's settlement of an 80-day work stoppage.
- Nov. 22
Toxic fumes from four-alarm warehouse fire at Folsom and Spear force evacuation of 2,000 nearby workers and close Bay Bridge and Embarcadero Freeway. Warehouse contents: poppers (sexual inhalant) and body
lubricant. - Nov. 22
Marin County high school student, a
swimmer-gymnast in excellent physical
condition, jumps off Golden Gate Bridge,
survives and swims to his rescuers. He
suffers only minor injuries and is the
12th person known to survive the jump.
- Dec. 20 <