A “sunsetclause” was inserted in the Prevention of Terrorism Bill by a majority of almost three to one after peers on all sides called for a self-destruct mechanism to ensure that better measures were prepared to replace it.
He was one of 24 Labour rebels on the sunsetclause.
The sunsetclause was proposed by Lord Kingsland, the Shadow Lord Chancellor, who said that it was needed because the Bill would “suspend habeas corpus”, the right to a fair trial.
Encyclopedia :: encyclopedia : Grandfather clause(Site not responding. Last check: 2007-10-26)
A grandfather clause is an exception, originating from the United States, that allows a pre-existing rule to remain as it is despite a change in the rules applied to newer situations.
Players who wore #42 at that time were allowed to continue wearing the number for the remainder of their careers; the most notable player affected by this clause is Mariano Rivera, who is now the only player still wearing the number.
The source of the term grandfather clause was the Jim Crow laws used from 1895 to 1910 in seven of the Southern United States to prevent fls, Native Americans and whites of non-British descent from voting.
The laws would allow suspects who have never been charged to be electronically tagged for up to 12 months, give wider search and seizure powers for ASIO and police and put in place a new crime of incitement for advocating or supporting terrorism.
The premiers argue a sunsetclause would ensure civil liberties could be better protected.
"But the point I would make about sunsetclauses is if they are unusually short what you are saying to the agencies who are involved is that rather than function on your core responsibilities of protecting the Australian community you should be preparing for a review," Mr Ruddock told the Nine Network.
In addition, there was a sunsetclause: if the income were to become less than $2 million per year, the properties would be sold off and the proceeds distributed to the shareholders.
The sunsetclause was kind of scary; my original investment principal would go down to zero.
In addition, if the sunsetclause kicked in and the assets were sold, a standard around the oil industry says that properties sell for roughly three years worth of production.
And if they do let the lawsunset in 2010, you are no worse than if you had invested outside the 529.
Even with if the tax free sunset occurs you are still better off than if you had invested outside of a 529.
I did not realize that the withdrawals would be taxed at the rate of the beneficiary (if the law does "sunset" in 2010.) I will read more fine print, because as you say, it is still better than saving outside of a 529.
The provisions in relation to the removal of the SunsetClause were moved into a new Bill, the Health Legislation Amendment (Minimum Proficiency Requirements for Medical Practitioners) Bill 2000.
The intention of the Australian Democrats, who moved these amendments, was to reconsider the issue of removal of the SunsetClause in June 2001, in the light of any progress by the Government to provide junior doctors with access to pre-vocational general practice training opportunities.
While the future of the Government's attempt to remove the SunsetClause remains unclear, the AMA Council of Doctors-in-Training has determined to proceed with a lobbying campaign aimed at stopping any proposal by the Government to remove the SunsetClause.
OTTAWA – The Canadian Bar Association says the sunsetclause proposed by the government is is still too narrow to protect the rights of Canadians from the extraordinary powers contained in Bill C-36, the Anti-terrorist Act.
While the government has agreed to include a sunsetclause, the CBA believes the provision should go further to protect innocent Canadians," says CBA President Eric Rice, Q.C. of Vancouver.
The CBA continues to press the government to extend the reach of the sunsetclause.
Sunsetclause seals anti-terror deal - War on Terror - Features - In Depth
Keysar Trad of the Islamic Friendship Association of Australia warned the new laws would erode individual freedoms and create fear and division in society.
"The sunsetclauses mean the laws will remain in effect for 10 years, and the review is more likely to increase them rather than moderate them," he said.
In fact, Parliament is set to resume its review of the federal anti-terror legislation this fall, and a couple of its most draconian provisions have sunsetclauses due in December.
When Bill C-36 was rushed into law in fall 2001, it created several new offences under the Criminal Code, including life sentences for counselling terrorist activity and 10-year sentences for terrorist financing.
Back in 2001, some MPs wanted a three-year sunsetclause but the justice minister insisted on five: “We wanted to ensure that there would be a record for parliamentarians to consider,” McLellan said at the time.
Peers have continued their defiance of the Government's anti-terror plans by voting to insert a 'sunsetclause' into the Prevention of Terrorism Bill.
Conservative frontbench spokesman Lord Kingsland agreed to withdraw his amendment calling for a 'sunsetclause' to come into effect in November - following a string of speeches from his own backbenchers and a former law lord backing the 12 month proposal.
The Prime Minister also said he remained "completely opposed" to a 'sunsetclause' which would see the powers expire in November.
Labor will push for a sunsetclause, a measure allowing legislation to lapse when it's no longer appropriate, in the government's new counter-terror legislation.
Opposition homeland security spokesman Arch Bevis said Labor would fully assess the latest government proposals when the details became available.
"As a general rule, special anti-terrorist laws that would not normally be adopted in a free and open society such as ours should be subject to a sunsetclause, and Labor will argue for such provisions," he said.
Foreign Policy In Focus | Democracy and the Making of Foreign Policy(Site not responding. Last check: 2007-10-26)
In the first half of the 20 th century, policy debates over the relationship between security and democracy focused on the criminalization of dissent and stigmatization of particular domestic movements (anarchism, socialism, and communism or fascism) as threats to U.S. democracy.
In the post-9/11 period advocates of civil liberties attacked similar restrictions on political discourse and forced the sunset provisions in the USA PATRIOT Act.
Provisions of the Patriot Act that granted new authority to the executive branch to act against non-citizens were not subject to the sunsetclause.
www.fpif.org /fpiftxt/3103 (5244 words)
Liberal Democrats : Kennedy Says 'This Is A Sunset Clause In All But Name'(Site not responding. Last check: 2007-10-26)
Kennedy Says 'This Is A SunsetClause In All But Name'
‘This is a sunsetclause in all but name.
Late this afternoon the Liberal Democrats extracted the key concessions from the government which returned control of this legislation from the government to Parliament.
But there is a middle way - to support the status quo, which would allow further research on embryo stem cells to see what benefit it can bring, but continue the legislative ban on therapeutic cloning because the arguments to lift the ban are not conclusive.
The effect of this would be to simply extend the two pieces of legislation, and insert another sunsetclause three or five years hence.
He says that he would need to see first that the research on existing, donated embryos has been fruitful, and then if it has used up the entire existing embryos before creating new ones.
The law also includes a "gag order" prohibiting any library or librarian from disclosing the existence of such a warrant, even to the person whose records have been inspected and/or seized.
In early December 2005, with 16 provisions of the Patriot Act due to expire under a "sunsetclause" at the end of the month, a House-approved compromise bill that would have made 14 of the provisions permanent and extended two others (including Section 215) was blocked by a bipartisan filibuster.
Most of the reforms sought by the American Library Association (ALA) and other representatives of the library community were not included in the revised bill, but a further four-year sunsetclause requires Congress to reauthorize the Patriot Act by December 31, 2009.
California no longer licences new naturopaths but permits those who were already in practice in 1964 to continue under a “sunsetclause.” Others practice in California under licensure as acupuncturists.
Because most states do not register naturopaths, an accurate estimate of their numbers is difficult to obtain.
It was declared unconstitutional in California, though the “sunsetlaw” of 1964 permitted existing practitioners to continue but prohibited new licenses.
