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Thread: Australian constitution - compensation

  1. #1
    Join Date
    Oct 2002
    Location
    Newcastle, NSW, Australia
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    1,983

    Australian constitution - compensation

    Hi Stephen,

    In another post you mentioned that the Australian constitution allowed its citizens the right to compensation. I'm not a constitutional lawyer but I have recently had a read through the constitution and can find no mention of this. The only right of any kind I can find is related to politicians. A politician has the right to keep all his entitlements if he moves from State parliament to Federal parliament. I can't find any other mention of citizens' rights.

  2. #2
    Join Date
    Mar 2002
    Location
    Hobart, Australia
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    1,838

    Re: Australian constitution - compensation

    Dear Dan,

    I shall have to check this, but it's been quoted so often that I'd be surprised if I was incorrect. It was the whole basis of the delightful film The Castle, and while a film is hardly a primary source I'd be very surprised if their extensive quotes from the constitution were made up. The right to fair compensation for government seizure of a legally acquired asset is oft quoted as the only right we actually have.

    Cheers
    Stephen

  3. #3
    Join Date
    Jan 2004
    Location
    An Englishman abroad
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    3,273
    That would be right - the politicians looking out for themselves!

    When the gun buyback was in force I don't think people got the full value for their guns. I imagine it will be the same for their swords. Can you se a beauracrat believing you when you tell them your L6 katana is worth thousands! Me either.

    I was interested in the comment by Peter Beattie regarding Qld's response. He said that he didn't want it to afftect MA practioners or reenactment groups. I am a bit worried by this. I fail to see how they will be able to discriminate between people.

  4. #4
    Join Date
    Mar 2002
    Location
    Hobart, Australia
    Posts
    1,838
    Originally posted by Mat Rous
    I was interested in the comment by Peter Beattie regarding Qld's response. He said that he didn't want it to afftect MA practioners or reenactment groups. I am a bit worried by this. I fail to see how they will be able to discriminate between people.
    They don't need to. Their legislation has simply made it an offence to carry a sword in public without a reasonable excuse. Similar legislation is in place in many parts of Australia and has had absolutely no effect on law abiding sword owners.

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