Vaccination and levy
In response to Franz Venhaus 4/3/08
Vaccination= Quote "...the vaccine does not ...cover the current strain of virus ... but updated ...might be in production by April.." end quote. How long has that taken you to work that out. The gov permit states that it is not registered in Aust., nor has efficacy against the strain causing the outbreak not been established. Yes ,we have to play a blame game and blame the shuttle stallions, well I am a qhorse breeder but if you look into this without bias, the horses that came in would have all been vaccinated ,but,the H N mutate and eventually the horses immune system will no longer recognise them, most likely these shuttle stallions (may) not have had the vaccine that had been updated for this strain, not a deliberate act but this strain looks like it got in first. A horse can have some immunity or be vaccinated, may not show any clinical signs but, still be contagious.
The biggest mistake made was the government giving the flu 3 weeks to get a go on because there was no vaccine on hand, a lie, there was a killed vaccine on hand from the first day and permits were ready to be put in place. The killed vaccine had successfully challenged the Ohio/03 and the S/A03 (which the one used had not)these two strains being as close to Wisconsin/03 , as you can get.
We as the horse industry registered or not, are, going to be got again by having a levy imposed upon us, lets see what back door the authorities will come in ,which ,they will try.
Levy=Lets do some study, The Horse Disease Response Levy Collection Bill 2008 is plainly open to Constitutional challenge. It is an un-constitutional document. There are many precendent High Court cases which have set the standard, and which is not met by the Levy Collection Bill.
"The Legistlature cannot determine conclusively for itself its power to enact legislation by putting beyond examination compliance with the constitutional limits upon that power". Full Court, High Court of Australia. MaCormick v Federal Commissioner of Taxation (1984) 158 CLR 622
Check it out with a lawyer versed in Constitutional law for confirmation. Further, it also transforms Horse Breed Registries into a primary role of tax collection agents for stipulating (at section 7) denial of registration of horses unless a levy is paid first. Late payment to the government of its levy tax by any Breed Registry is punishable by cumulative intrest accrued monthly and they remain liable for any missed levies as well.
Breed will be no longer.
Criminal offences also apply to all persons caught by the act.
"It has been generally assumed that under the Constitution Liability for tax cannot be imposed upon the subject without leaving him open to some judicial process by which he may show that in truth he was not taxable or not taxable in the sum assessed". High Court of Australia. Deputy Federal Commissioner of Taxation v Brown (1958) CLR 32.
An incontestable tax... refers to a tax provided for by law, which, while making the tax payers liability depend upon specified criteria, purports to deny him all the right to resist an assement by proving in the courts...A law imposing such an impost is not a law (within the limits of S51(ii) of the constitution) (and) ...is invalid." High Court of Australia Giris v Federal Commissioner of Taxation (1969) 119 CLR 365
The EADRA response agreement cannot be a legal and binding document on those who did not sign off on it.
The TBs and Harness horses did and they got the preferences of the vaccinations, which reminds me who, were the elite horses that were vaccinated with the killed vaccine that was purchased from the manufacturer (44,000 doses) in October, I'll bet there were no spring racing horses out of training from adverse side effects of the vaccination (GMO?)
Why not now take a lesson from overseas and vaccinate our horses to prevent as we know vaccine does not cure and is not a 100% guarantee, the flu is not a reportable disease to state Vets in America, they still have small outbreaks of 5-20 horses, Why is it so hard for the authorities or the TB industry to see we are mostly likely going have to be like everybody else in the world and vaccinate for the good of our horses health and prevention, and give up the EI free status, horse that come in and horses that go out have to be vaccinated so what is the EI free status all about, horses are now like us ,frequent fliers, I'm not a pessimist, optimistic and realistist yes,and I believe that as a christian there is no perfect church, because of the human element in it also, no matter how you clean up the quarrantine stations there will always be a risk "the human factor" see yesterdays blog on the farrier at Eastern creek. I believe that as a horse owner and citizen of a democratic country that if vaccination does become mandatory, I should not be denied the right of freedom of choice of vaccine for my horse, and as a responsible horse owner take the responsibility to make sure my horses are vaccinated for prevention.
It seems as though politicians will listen to get the votes required to get on the other side of the fence, the member for parliament where I am has been trying since December to get a hearing with the minister for Ag,for us, with no acknowledgement, maybe because she is opposition. Maybe camping on the front lawn of parliament house (like others have) with our horses, they may then see us if not hear us.
Pam.
Vaccination= Quote "...the vaccine does not ...cover the current strain of virus ... but updated ...might be in production by April.." end quote. How long has that taken you to work that out. The gov permit states that it is not registered in Aust., nor has efficacy against the strain causing the outbreak not been established. Yes ,we have to play a blame game and blame the shuttle stallions, well I am a qhorse breeder but if you look into this without bias, the horses that came in would have all been vaccinated ,but,the H N mutate and eventually the horses immune system will no longer recognise them, most likely these shuttle stallions (may) not have had the vaccine that had been updated for this strain, not a deliberate act but this strain looks like it got in first. A horse can have some immunity or be vaccinated, may not show any clinical signs but, still be contagious.
The biggest mistake made was the government giving the flu 3 weeks to get a go on because there was no vaccine on hand, a lie, there was a killed vaccine on hand from the first day and permits were ready to be put in place. The killed vaccine had successfully challenged the Ohio/03 and the S/A03 (which the one used had not)these two strains being as close to Wisconsin/03 , as you can get.
We as the horse industry registered or not, are, going to be got again by having a levy imposed upon us, lets see what back door the authorities will come in ,which ,they will try.
Levy=Lets do some study, The Horse Disease Response Levy Collection Bill 2008 is plainly open to Constitutional challenge. It is an un-constitutional document. There are many precendent High Court cases which have set the standard, and which is not met by the Levy Collection Bill.
"The Legistlature cannot determine conclusively for itself its power to enact legislation by putting beyond examination compliance with the constitutional limits upon that power". Full Court, High Court of Australia. MaCormick v Federal Commissioner of Taxation (1984) 158 CLR 622
Check it out with a lawyer versed in Constitutional law for confirmation. Further, it also transforms Horse Breed Registries into a primary role of tax collection agents for stipulating (at section 7) denial of registration of horses unless a levy is paid first. Late payment to the government of its levy tax by any Breed Registry is punishable by cumulative intrest accrued monthly and they remain liable for any missed levies as well.
Breed will be no longer.
Criminal offences also apply to all persons caught by the act.
"It has been generally assumed that under the Constitution Liability for tax cannot be imposed upon the subject without leaving him open to some judicial process by which he may show that in truth he was not taxable or not taxable in the sum assessed". High Court of Australia. Deputy Federal Commissioner of Taxation v Brown (1958) CLR 32.
An incontestable tax... refers to a tax provided for by law, which, while making the tax payers liability depend upon specified criteria, purports to deny him all the right to resist an assement by proving in the courts...A law imposing such an impost is not a law (within the limits of S51(ii) of the constitution) (and) ...is invalid." High Court of Australia Giris v Federal Commissioner of Taxation (1969) 119 CLR 365
The EADRA response agreement cannot be a legal and binding document on those who did not sign off on it.
The TBs and Harness horses did and they got the preferences of the vaccinations, which reminds me who, were the elite horses that were vaccinated with the killed vaccine that was purchased from the manufacturer (44,000 doses) in October, I'll bet there were no spring racing horses out of training from adverse side effects of the vaccination (GMO?)
Why not now take a lesson from overseas and vaccinate our horses to prevent as we know vaccine does not cure and is not a 100% guarantee, the flu is not a reportable disease to state Vets in America, they still have small outbreaks of 5-20 horses, Why is it so hard for the authorities or the TB industry to see we are mostly likely going have to be like everybody else in the world and vaccinate for the good of our horses health and prevention, and give up the EI free status, horse that come in and horses that go out have to be vaccinated so what is the EI free status all about, horses are now like us ,frequent fliers, I'm not a pessimist, optimistic and realistist yes,and I believe that as a christian there is no perfect church, because of the human element in it also, no matter how you clean up the quarrantine stations there will always be a risk "the human factor" see yesterdays blog on the farrier at Eastern creek. I believe that as a horse owner and citizen of a democratic country that if vaccination does become mandatory, I should not be denied the right of freedom of choice of vaccine for my horse, and as a responsible horse owner take the responsibility to make sure my horses are vaccinated for prevention.
It seems as though politicians will listen to get the votes required to get on the other side of the fence, the member for parliament where I am has been trying since December to get a hearing with the minister for Ag,for us, with no acknowledgement, maybe because she is opposition. Maybe camping on the front lawn of parliament house (like others have) with our horses, they may then see us if not hear us.
Pam.
posted by Horse Deals at
9:18 am
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