Established 1970

Australian Government
Attorney-General’s Department
Criminal Justice Division

14 July 2005

Dear Mr Nicholls

Criminal Code Amendment (Suicide Related Material Offences) Act 2005

I note that you made a submission to the Senate Legal and Constitutional Committee inquiry into the provisions of the Criminal Code Amendment (Suicide Related Material Offences) Bill 2005.

I am writing to advise that the Criminal Code Amendment (Suicide Related Material Offences) Act 2005 received Royal Assent on 6 July 2005. The offences in this Bill will commence six months from the date of Royal Assent.

Yours sincerely

Geoff Gray
Acting Assistant Secretary
Criminal Law Branch

Telephone: 6250 6395
Facsimile: 6250 5918
E-mail: geoff.gray@ag.gov.au

26th March, 05

Dear Senators,

It is the staunch view of the Atheist Foundation of Australia that any proposal designed to censor information from the public has to meet very strict criteria. The evidence for taking such action must be more than only compelling, it must be sound, factual and with a basis in proper investigation. The motives must be transparent and not veiling other agendas. If the evidence is only anecdotal or similar then it should be seen as obvious that no such evidence exists.

If the required evidence does not exist, then neither does the reason for the proposed Bill.

Our investigations into the rationale behind the proposed Bill have failed to find the necessary evidence for its implementation.

On the contrary, the wording of the Proposed Bill is so loosely defined that it could be a hindrance to people in need of advice. This will not decrease the suicide rate but have a real tendency to create stress for so affected people. There is ample evidence that restricting knowledge causes uncertainty. The effect will be, in many cases, the precipitation of already anxious individuals into taking steps with no guarantee of the required results. Horrendous outcomes are not only possible but highly probable.

The Internet is a World-Wide-Web with its benefits of instantaneous and voluminous information sharing capacity not controllable by any one country. To attempt this action is not only futile in the long term, but will negatively affect non-targeted persons.

The AFA suspects that the proposed legislation is aimed at Voluntary Euthanasia organisations and Exit International because of ideological concerns. If this is the case the legislation is not only in error, but democratic process is being usurped.

In the strongest language possible the considered opinion of the Atheist Foundation of Australia Inc is that this proposed Bill and the 2 new clauses, 474.29A(3) and (4) should not be made into bad law.

Respectfully,

David Nicholls
President
Atheist Foundation of Australia Inc.

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The proposed legislation by Senator Chris Ellison, the "Crimes Legislation Amendment: Telecommunications Offences and Other Measures Bill (2004)", is a poorly conceived proposition, or a purposed and cynical attack on the rights of states and legitimate Voluntary Euthanasia organisations.

By linking the insidious character of child pornography with suicide, without proper definition, leaves the amendment open to democratically unacceptable biased interpretation.

The Atheist Foundation of Australia Inc can arrive at no conclusion other than that the amendment is a personal religiously advanced proposal or policy of a religious group within parliament.

The AFA views such religious interference with a seriousness demanded by a democracy following the ethos of separation of church and state.

This is an unmitigated attack on the rights of states and the individual, with future ramifications similar to the time of the misery wrought by illegal abortion. If politicians have not the sense or the gumption to react and react strongly against this amendment then they are receiving their incomes by false pretences.

Keith S Cornish
President
Atheist Foundation of Australia Inc