Australian law gives shelter to illegal acts in the name of the environment

SENATOR THE HON RICHARD COLBECK
Senator for Tasmania
Shadow Parliamentary Secretary for Fisheries and Forestry
Shadow Parliamentary Secretary for Innovation, Industry and Science

Australian law gives shelter to illegal acts in the name of the environment

Australian law shelters people who commit illegal acts in the name of the environment, while in the United States such activities are elevated to the status of terrorism.

That’s one of the key themes in a research paper presented at the Australian National University (ANU) recently by parliamentary intern Jenna Holmes.

Ms Holmes, a University of California student, has been studying in Australia and prepared the paper for Tasmanian Senator Richard Colbeck as part of an ANU intern program.

“Unfortunately, both countries will be found to be at opposite ends of an extreme continuum where Australia rewards illegal actions when the offender has performed those actions for the purpose of protecting the environment with essentially a free ride, or an excuse,” her paper says.

“On the other end the United States seeks to make illegal actions that are performed in defence of the environment carry a stronger penalty than if the same illegal actions were to be committed for different purposes.”

Ms Holmes argues each Government needs to reform the rules – Australia’s framework too lax and America’s in danger of infringing First Amendment rights, which protect the freedom of speech.

Her paper also considers the issue of not-for-profit tax concessions, which can be granted under discretionary powers in Australia, but are absolutely limited in the United States for groups which are involved in lobbying politicians.

Senator Colbeck congratulated Ms Holmes on her work and said she had identified a number of relevant issues.

“Environmental groups in Australia have been given significant privileges, including charity status and exemptions under the Consumer and Competition Act,” Senator Colbeck said.

“Unfortunately many have abused that privilege and are conducting untruthful and destructive attacks on many legitimate businesses that are, quite frankly, just unacceptable.

“As Jenna quite correctly said, ‘If an act is illegal it should be illegal for all, no matter the purpose of the individual.’

“Given the disgraceful misuse of these privileges, they should be reconsidered.”

“It is only fair that everyone play by the same rules.”

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