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Australian Law and Constitution

Australian Law and Constitution

Below we set out certain key positions of the party. Further policies in this portfolio may be released as we work towards upcoming elections. Please refer to our values and core policies in the meantime.


Freedom of Speech

We will remove any impediment to freedom of speech. This includes section 18c of the federal Racial Discrimination Act, as well as any similar, state-based legislation. Freedom of expression is the first and also the last line of defence of Liberty and Western civil society. Correctly applied, existing legal provisions are sufficient to deal with incitement to violence and other unlawful acts.

It is our core policy that all attempts to impose Islam's theocracy and Sharia law on our society must be stopped by democratic means, before the demographic, economic and sociopolitical realities make a peaceful solution impossible.

Australian Liberty Alliance will seek to enact the policy proposals outlined in the paper Practical Steps to Stop Islamisation, first published by Q Society of Australia Inc in 2014.

These proposals include a 10-year moratorium on all resident visa categories for applicants from member countries of the Organisation of Islamic Cooperation (OIC). Exceptions shall apply to the humanitarian intake of persecuted non-Islamic minorities from OIC countries.

Further, we will require for accredited Islamic organisations in Australia to accept formally the supremacy of Australian law and universal human rights over Islamic doctrine and Sharia law. For example full face coverings in public spaces shall be prohibited.

We will seek to prevent the implementation of any aspect of Sharia finance, Sharia courts and the influence of local or foreign Sharia councils over Australian institutions, our economic system and our supply chain. Among the proposed measures is the mandatory labelling of products and services from companies that have taken out halal certification, the implementation of the 'user pays' principle for halal certification schemes and an end to religious discrimination in Australia's secular organisations.

Parliament

We propose the introduction of a secure electronic voting system, fixed four-year terms for federal MPs and fixed eight-year terms for Senators. Arbitrary resignations by an MP forcing a by-election must have financial consequences for the resigning member or his party.

Citizenship

Australian Liberty Alliance believes Australian citizenship is a privilege and not a right. We will reform the access to and benefits of Australian citizenship.

New applicants for Australian citizenship shall be required to revoke any other citizenship and Australian citizens applying for another country's citizenship shall have their Australian passport revoked. With us, there will be no dual citizenship in the future. We aim to make Australian citizenship the relevant criteria for our social and welfare system. We will revoke Australian passports from habitual criminals who still hold dual citizenship.

It is vital that all members of society respect the law. With this in mind, ALA believes that teaching the concept of respect for others and the law should begin from an early age. Supporting the work of our Police Force with appropriate enforcement and sentencing by the courts is the first essential step. We must restore and protect the rights of law-abiding citizens and victims of crime and tackle domestic violence.

No Need for Constitutional Change

The current Constitution of Australia may have some shortcomings, but has served us well for over a century. Any new constitution will not be free of imperfections, and it will have the distinct disadvantage of not being tested through times of peace, war and turmoil. In the recent referendum, the Australian people rejected Republicanism. We have no intention of repeating this in the foreseeable future. We likewise see no need to change our National Anthem or Flag.

Firearms and Self Defence

Licensed Ownership of Firearms

We neither want to make it more difficult for law-abiding Australians to become licensed and to own firearms; nor do we want to facilitate easier access to firearms for the wrong people. 

Illegal Firearms

ALA sees an urgent need to crack down on illegal ownership and use of unregistered firearms and other weapons. We will encourage public prosecutors and courts to apply the full extend of the law against unlicensed owners and the illegal use of firearms. ALA will introduce new legislation to ensure non-citizens convicted for the illegal importation, trade, possession or use of firearms and other weapons, are by default stripped of their visa and deported after serving their sentence, or held in detention until deportation can be facilitated.

Self Defence

ALA holds the right to self defence to be the natural right of every lawful citizen. We have partially delegated this right to the state in exchange for the promise to protect us against violence and criminal behaviour. When state authorities are unable to protect us, this delegation becomes void and the right to defend our life, property and those in our care returns to us in full. However, this is meaningless, when Australians are legally prevented from owning the means to defend themselves. This imbalance can only be overcome by allowing citizens of good character to own the means to adequately defend themselves against an aggressor. 

Policy on Firearms and Gun Control

The Australian Liberty Alliance policy on firearms as set out below is to attain a more balanced view of the legitimate use of guns for law abiding Australians. Furthermore, it is an attempt to stop the illegal use of firearms. Finally, ALA’s policy aim is to reform the unsatisfactory National Firearms Agreement and minimise government red tape.

1. Individual state firearm laws to become fully aligned with a reformed National Firearms Agreement, including a national firearm licensing scheme and national database for the registration of firearms.

2. A review and simplification of the firearms categories. Review will be undertaken with input from organisations such as sporting shooters, hunters and farmers associations.

3. Paintball, airsoft and air rifles with limited muzzle energy shall be exempt from licensing.

4. Allow adult Australians to legally own pepper spray for their own self defence.

5. A new category “S” license should be made available for personal self-defence. Licence holders shall be restricted to one long arm with limited specifications, which may not be removed from the residence. The firearm, with up to six rounds of ammunition, must be stored in a purpose-built under-bed steel locker fixed to the floor, or a compliant gun safe.

6. Only Australian citizens and permanent residents from New Zealand shall be eligible to apply for a gun license. The requirements to apply for a gun license should include a doctor’s certificate relating to the applicant’s psychological status and history of mental illness.

7. Assess the need for firearms amid private security companies to minimise the risk of criminals infiltrating the industry, or crime gangs setting up such companies as cover.

8. Increase the mandatory penalties for all criminal acts involving firearms. Furthermore, continual raids on criminal organisations involved in the illegal trade and ownership of firearms.

9. Ensure those firearm owners who cannot, or prefer not to store their guns and ammunition at home, can do so in secure common storage. We will support accredited shooting clubs to provide such facilities. This in no way impedes all other gun owners, who prefer to store their firearms and ammunition in secure storage at home.

10. State laws which require storage of inert ammunition into compliant cases shall be revoked.

In conclusion, the above is a brief outline of the Australian Liberty Alliance’s firearm policy. It is neither conclusive nor exclusive. We recognise and support law abiding Australians who use firearms regularly and safely for occupational, sporting, and recreational activities. However, we believe gun control is inevitable in Australia, but needs to be rational and less bureaucratic. At the same time, it is imperative to effectively stop illegal gun imports, trade and ownership.