South Australia’s Labor tacticians are in panic. With an election just six weeks, the state’s Attorney-General, the irascible Michael Atkinson, hit the headlines in a way that could make an experienced campaigner crawl into the oven and turn on the gas. Atkinson was derailing four years of work by Premier Mike Rann and his team to be comfortably returned on March 20.
On March 5 last year, Atkinson introduced legislation to change the SA Electoral Act.
These were very contentious changes. First, Atkinson moved to increase the minimum number of members a political party needs to be registered, and therefore to be capable of effective electioneering. That was to destroy single-issue community groups and the struggling Democrats.
The second change was to outlaw election posters on Stobie poles. That was to destroy low-cost campaigning by independents and advantage the cashed-up major parties, and SA Labor is the most cashed-up of all.
Third was to force voters to put their date of birth on the electoral roll, so an MP knows when to send the birthday card, and fourthly the changes made it illegal to say anything political in an election campaign on any medium — blog, news site, Twitter, Facebook, even text messages — without full disclosure of your name and postcode address.
Media organisations had to keep your real name and address on file for six months after the election. The Electoral Commissioner could force a news organisation to hand over this information on pain of a $5000 fine.
Parliament went nuts. Even in the Lower House the Government amended its own Bill to water it down a little. When the Bill arrived in the Upper House the government leader, Paul Holloway, sensing trouble, assured the House that full disclosure of names and addresses “applies to the internet to electronic versions of a journal rather than any electronic publication on the internet”.
Holloway told MPs the government had addressed concerns that it would also cover “personal web pages and social networking sites and the internet publication of Twitter”.
On that basis, the Opposition and Greens MP Mark Parnell passed that part of the Bill, and on the insistence of the Liberal Opposition, election posters on Stobie poles would not be banned until after this election.
But after Parliament agreed to these changes, with amendments, Atkinson said the new Act actually does include blogs, Twitter and comments to news sites such as Crikey.
There was outrage. “Parliament has been misled,” shadow Attorney-General Vickie Chapman complained yesterday.
Last night Atkinson recanted. He won’t impose the law, he said.
He — the state’s chief law officer — then told South Australians they could break state law, a law he said this morning he would repeal after the election.
Has the man flipped? Here’s a candidate up for election, his fate in the hands of the voters in the electorate of Croydon, telling electoral commissioner Kay Mousley not to enforce the law.
He said voters who wrote or blogged anonymously would be immune from prosecution because he would back-date the law after the election to remove the penalty.
Mick of Brompton, what if you’re not a member of Parliament after the election? What if you’re not Attorney? What then, Mick Atkinson of postcode 5007?
Chapman this morning demanded Atkinson change the mandatory identity disclosure law right now or hand in his resignation as Attorney-General.
Unless he does that, she said, Premier Mike Rann should sack him immediately.
“Mr Atkinson has the power to repeal the Electoral Act by regulation today,” Chapman said, “otherwise it will still be illegal to use pseudonyms on political blogs, Twitters or comments to news sites.”
Meanwhile, in the bizarre world that is SA politics, and the smaller world that is Atkinson’s brain, people can now break the law because it will be legal retrospectively.
Since when could an act of parliament be repealed by making a regulation?
It might – just might – be possible to revoke the proclamation that brought the new and unloved regime into force, but the rare use of revocation of proclamations is usually reserved for cases of slips or oversights, rather than subsequent changes of mind under political pressure.
Anyway, it is not necessary. If it is announced and accepted that a law is going to be repealed, any file of an alleged offence in the meantime would fail the perfectly standard test that is applied to every decision on prosecuting anything: Is it in the public interest to prosecute? Not that anyone would bother to build such a file.
Well, that’s how it is in the real world. As Hendrik Gout suggests, it is not obvious that that is where all this is taking place.
When they changed the rules re the numbers required to form a political party, the F.R.E.E Australia Party were just going through the registration. As it turns out they got in with plenty of numbers.
Another thing of interest in relation to the SOCCA laws, or anti-democracy laws is that pollititians and police are exempt from the law. Talk about do as i say not as i do. We really need a shake up in SA, democracy is under a sustained attack.
Ah the arrogance of politicians! Don’t worry about a law I don’t like because I will change it after the election. What a complete moron. Why did the government bring this legislation in the first place. Obviously to consolidate its position with respect to potential opposition.
If this about-face is so urgent, as the Attorney General he could ask the government to immediately recall Parliament and pass the necessary legislation as a matter of urgency. The activities of a Minister advising appointed officials not to enforce the law is a disgrace and an abrogation of parliamentary responsibility.
This from a government whose Premier is suffering from “early onset Alzheimer’s ” in relation to his sordid clandestine affairs, and for whom the word “truth” has little or no meaning. Roll on the election.
Where is the Opposition Party in South Australia in all of this? If the voters re-elect this garbage of a government they get what they deserve.
Gosh, maybe the opposition is worse!!
A state Attorney-General advises officials not to enforce a law that he drafted, promoted and had passed?!!! And this is the same twit who’s vetoed R classification on video games…
Sounds like a deranged control freak.