Tuesday, May 5, 2020

Legal Process for Prohibited Groups Act-myassignmenthelp.com

Question: Discuss about theLegal Process for Prohibited Groups Act. Answer: Issue According to the case study the issue has been arises whether Wendy, Travis and Linda has committed any offence under the Prohibited Groups (Anti-Terrorism) Act 2017 or not? Rules As per the case study Linda, Travis and Wendy want to take initial steps against meat industry and cruelty towards the animals. The Prohibited Groups (Anti-Terrorism) Bill has been passed recently in 2017 which has been formed by the Commonwealth government for dealing with threat of terrorism under some specific legislation[1]. Therefore the government has added that Australian society has been threatened and under the fear of terrorism. Therefore this bill helps to apply the strong legal sanctions against any kind of violence or Anti Social activities or the groups who try to pursue their goals through the violent activities towards the citizenship of Australia. The legislation has been formed with serious penalties where it affect the Australian citizen for attacking on create any violence towards them. The application of this Prohibited Groups (Anti-Terrorism) Bill 2017 will help to prevent such attacks on the Australian people and the government also[2]. It also helps to keep th e Australian people safe and stop extremist violence towards the citizens by the terrorist. The act has been also mention to help the Australian people from every injury, death or harm by the prohibited groups who are involved in the threatening or any violence towards them[3]. The section 3 of the Prohibited Groups (Anti-Terrorism) Act 2017 has been stated the commission of a terrorist act where it has legislated that any person who is a member of a prohibited group or whilst to be a member of under the prohibited group and if he has involves with any terrorist act and found guilty of any such violence offences then he will be charged of guilty under the section. The Australian government has set up to 10 years of imprisonment for the guilty of the offence of any violence activities towards the Australian citizens. The Prohibited Groups (Anti-Terrorism) Act 2017 has stated the supply of terrorist group in the Section 4 in this act. This section has described that any person who will be found to supply any weapons or dangerous goods to any member of a terrorist group will found guilty of an offence under this section. It will also define the threats towards the Australian people for committing and terrorist act. If any person found guilty of any offences under Section 4 then the court may provide penalty of $10,000 or up to 1 year of imprisonment[4]. The Section 5 of Prohibited Groups (Anti-Terrorism) Act Bill has legislates the act of promoting terrorist activities. It defines that if any person found to form, join and distribute any information on behalf of or promotes the activities of a group of terrorist then he will found guilty of an offence under the Prohibited Groups (Anti-Terrorism) Act 2017[5]. Therefore there is no right of any terrorist activated group not to involve any person or provoked to enter in such terrorist activities and must not distribute any information which explain any violence activities towards the Australian citizens. Then it will be treated as an offence under section 5 of Prohibited Groups (Anti-Terrorism) Act 2017. If any person has found guilty of the offence of promoting terrorist activities under Section 5 of Prohibited Groups (Anti-Terrorism) Act 2017 then the court may order for penalties of up to 18 months of imprisonment of that offender who has committed that effects of promoting terroris t activities[6]. Application The fact of the case study is Wendy and Travis has decided to be a vegan after watching a gruesome documentary about the meat industry and became emotional for the cruelty on the animals in the meat industry[7]. They decided to protest and take actions against such cruelty on the animals and tried to record the sound of animals in a local abattoir. Every day they watched the arrival of the trucks which carries animals for the meat and animal products. After some days they again decided to take some initiative steps towards the protest against the cruelty to the animals[8]. Therefore they send messages to their friends from social media but only one person Linda has make the responses to them in their plan. After that they made a plan where they used some bolt cutters for cutting a hole into the wire fence and used an oxyacetylene welder to burn the lock off the front door and then set up a camera inside it for watching what happens with the animals of the meat industry inside the loc al abattoir[9]. The details they have found which has been also live streamed through a channel which showed an extreme instances of cruelty towards the animals which are using for the meat and anima products make the media outrage and criminal charges against the owner. However, the Federal police has go through the case and decided to charge Wendy under section 3 and 5, Travis has been charged under section of 5 and Linda has been charged under section of 4 and 5 according to the Prohibited Groups (Anti-Terrorism) Act 2017[10]. Prohibited Groups (Anti-Terrorism) Act or Bill has been introduced under the Commonwealth Government for providing the safety from any terrorism activities or any harm or any injuries to the Australian Citizen[11]. Here according to the case facts Wendy has been charged under the Section 3 and 5 under the Prohibited Groups (Anti-Terrorism) Act where section 3 defines the commission of a terrorist act where it has legislated that any person who is a member of a prohibited group or whilst to be a member of under the prohibited group and if he has found the involvements with any terrorist act and found guilty of any such violence offences then he will be charged of guilty under the section[12]. The Australian government has set up to 10 years of imprisonment for the guilty of the offence of any violence activities towards the Australian citizens. The section 5 defines if any person has found guilty of the offence of promoting terrorist activities under Section 5 of prohibited groups and terrorism act 2017 then the court may order for penalties of up to 18 months of imprisonment of that offender who has committed that effects of promoting terrorist activities. It also defines that if any person fou nd to form join and distribute any information on behalf of or promos the activities of a group of terrorist then he will found guilty of an offence under the prohibited groups anti-terrorism act 2017[13]. Wendy has been charged with section 3 of Prohibited Groups (Anti-Terrorism) Act because she has carried the whole plan of the live streaming of video in the local abattoir where it has involved with the cruelty with the animals. She has made an offence. The section 5 has been charged due to the promoting of such activities in the social media where it promotes the violence activities and distribution of the information[14]. Travis has been charged with the offences under the section 5 of Prohibited Groups (Anti-Terrorism) Act which has defined the act of promoting terrorist activities. It defines that if any person found to form join and distribute any information on behalf of or promotes the activities of a group of terrorist then he will found guilty of an offence under the prohibited groups anti-terrorism act 2017. [15]Therefore there is no right of any terrorist activated group not to involve any person or provoked to enter in such terrorist activities and must not distribute any information which explain any violence activities towards the Australian citizens then it will be treated as an offence under section 5 of prohibited groups anti-terrorism act 2017. If any person has found guilty of the offence of promoting terrorist activities under Section 5 of prohibited groups and terrorism act 2017 when the court can give order for penalties of up to 18 months of imprisonment of that offender who has c ommitted that effects of promoting terrorist activities. Travis has been charged with the section 5 of the Prohibited Groups (Anti-Terrorism) Act because he has found to inform his social Medias friends their protest against the cruelty towards the animals which are uses in the meat and animal products. He also found to involvements in the live streaming videos about the cruelty of animals[16]. Linda has been charged under the Section 4 and 5 under the Prohibited Groups (Anti-Terrorism) Act where section 4 has legislates the supply of terrorist group in this act. This section has described that any person who will be found to supply any weapons or dangerous goods to any member of a terrorist go will found guilty of an offence under this section. It will also define the threats towards the Australian people for committing and terrorist act. If any person found guilty of any offences under Section 4 then the court may provide penalty of $10,000 or up to 1 year of imprisonment[17]. Linda has been charged with the section 4 Prohibited Groups (Anti-Terrorism) Act as she worked at a hardware store and so she bought the bolt cutters and the welder and gave them to Wendy on the night. Therefore according to the legislation she has found to supply weapons or dangerous goods to Wendy for application their protest plans against the cruelty towards the animals[18]. She has been also charged with the section 5 of the Prohibited Groups (Anti-Terrorism) Act because she also found to involvements in the live streaming videos about the cruelty of animals which has been occur in a local abattoir where animals are suffering from extreme cruelty as because they are using in the meat and animal products[19]. The section 5 of Prohibited Groups (Anti-Terrorism) Act has describe the the act of promoting terrorist activities. It defines that if any person found to form join and distribute any information on behalf of or promos the activities of a group of terrorist then he will found guilty of an offence under the prohibited groups anti-terrorism act 2017. Therefore there is no right of any terrorist activated group not to involve any person or provoked to enter in such terrorist activities and must not distribute any information which explain any violence activities towards the Australian citizens then it will be treated as an offence under section 5 of prohibited groups anti-terrorism act 2017. If any person has found guilty of the offence of promoting terrorist activities under Section 5 of prohibited groups and terrorism act 2017 then the court may order for penalties of up to 18 months of imprisonment of that offender who has committed that effects of promoting terrorist activities[20]. Therefore according to the facts of the case all of them Wendy, Travis and Linda have felt very strongly that it is morally wrong for people to eat meat and animal products but as per the Prohibited Groups (Anti-Terrorism) Act they did all the activities illegally which brought them legal notices for the offences. They could use the facts and reasons for their activities as a defense where they can state that they did the acts for the morality and they do not have any intention to create any harm or injury to any person. The act of good faith may reduce their penalties for those offences which has been they did under the Prohibited Groups (Anti-Terrorism) Act[21]. Conclusion As per the case facts for the involvement with several illegal activities under the Prohibited Groups (Anti-Terrorism) Act the section 3 has provided the penalties up to 10 years of imprisonment, section 4 legislates the $10000 fine or up to 1 year imprisonment and section 5 legislates the imprisonment up to 18 months for the offenders. If Wendy, Travis and Linda has found guilty with the offences under the section 3,4 and 5 of the Prohibited Groups (Anti-Terrorism) Act they could be fined with penalties or have imprisonments for their offences of terrorism activities to the local abattoir where it runs a business of meat and animal products[22]. Reference Ananian-Welsh, Rebecca, and George Williams. "The new terrorists: The normalisation and spread of anti-terror laws in Australia." Melb. UL Rev. 38 (2014): 362. Awan, Imran, and Brian Blakemore, eds. Extremism, Counter-terrorism and Policing. Routledge, 2016. Beckman, James. Comparative legal approaches to homeland security and anti-terrorism. Routledge, 2016. Hosen, Nadirsyah. "Law, religion and security." Routledge Handbook of Law and Religion (2015): 337. Lynch, Andrew, Nicola McGarrity, and George Williams. Inside Australia's anti-terrorism laws and trials. NewSouth, 2015. Sarre, Rick. "Metadata Retention as a Means of Combatting Terrorism and Organised Crime: A Perspective from Australia." Asian Journal of Criminology 12.3 (2017): 167-179. Saul, Ben. "Minorities and Counter-Terrorism Law." (2017). Williams, George. "Anti-terrorism laws and human rights." Rev. Const. Stud. 19 (2014): 127.

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