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***sandaoguo*** · 01-05-2019, 01:52 PM

Given that it has been 5 days, and no further points have been raised, I motion this to vote.

***Roavin*** · 01-05-2019, 02:29 PM

Second.

**Amerion** · 01-05-2019, 02:33 PM

Apologies for the delay. Could the Acting Chair give me 15 minutes to reformat this proposal?

**Amerion** · 01-05-2019, 02:52 PM

Edit: Again, apologies for my late response ...

Proposed reformatting Wrote:
Proscription Act

An Act to grant authority to declare hostile persons or organizations prohibited from entering or residing in the Coalition.

1. Acts of Hostility

(1) The following acts committed against the legitimate government of The South Pacific, or its allies, are considered acts of hostility, whether or not they are successful—
a. Overthrowing the legitimate government;
b. Unlawfully causing a nation to become Delegate;
c. Unlawfully gaining access to privileged or classified information, or distributing it or publishing it;
d. Exploiting, manipulating, or unduly influencing elections or votes;
e. Acting as an agent on behalf of a foreign region or organization, to the detriment of the legitimate government.

(2) Conspiracy, defined as planning, strategizing, or otherwise showing an intent to commit an act of hostility shall itself be considered an act of hostility.

(3) Complicity, defined as promoting, inducing, aiding or abetting an act of hostility, including a conspiracy to commit such an act, shall itself be considered an act of hostility.

(4) Insofar as an act of hostility is committed against an ally, the victimized region must be an ally at the time of the proscription.

2. Proscriptions

(1) A regional proscription is a prohibition on an individual or on all members of a region or organization from having a nation in any regions in the Coalition's jurisdiction.

(2) A full proscription comprises a regional proscription as well as a prohibition on access to off-site resources of the Coalition.

3. Grant of Authority

(1) The Cabinet or the Council on Regional Security may proscribe an individual that is not a member of the Coalition, or a foreign region or organization, that they determine to be hostile. The Cabinet together with the Council on Regional Security may proscribe a member or a group of members that they determine to be hostile.

(2) A proscription must be issued publicly, and be accompanied with a report detailing the hostile acts. All extant proscriptions must be publicly visible at all times.

(3) Upon proscription of a region or organization, any members of the Coalition affected by that proscription will have 7 days to demonstrably renounce their association to the satisfaction of the issuing authority before the proscription is enforced.

(4) The issuing authority of a proscription may revoke it at any time, by issuing to the Assembly a report on why the proscription is no longer necessary to protect regional security. The Assembly may call upon the issuing authority to review an extant proscription, by passing a resolution to that effect by majority vote.

4. Judicial Review

(1) A member of the Coalition subject to a proscription may petition the High Court for judicial review under of the following procedures—
a. The individual may request that the High Court review underlying evidence of intelligence upon which their proscription is based.
b. If under a proscription of a region or organization, the individual may present an appeal that they are not a member of the targeted region or organization.

(2) In conducting a review of an individual proscription, the High Court shall only determine if the issuing authority followed the required process, has a rational basis to their interpretation of evidence and intelligence underlying the proscription, and the issuing authority hasn’t ignored exculpatory evidence.

(3) In conducting a review in which an individual appeals that they are not a member of the targeted region or organization, the High Court shall review evidence provided by the issuing authority and the counter-claims of the individual, and determine if the individual is not a member of the targeted region or organization based upon the preponderance of the evidence.

(4) For the purposes above, the individual must be granted adequate forum permissions to participate in the High Court proceedings for that case.

5. Constitutional Law

(1) The Proscription Act is a constitutional law, and further amendments to it must meet constitutional amendment requirements.

Code without green highlights

Code:
[align=center][size=large][b]Proscription Act[/b][/size]

[i]An Act to grant authority to declare hostile persons or organizations prohibited from entering or residing in the Coalition.[/i][/align]

[b]1. Acts of Hostility[/b]

(1) The following acts committed against the legitimate government of The South Pacific, or its allies, are considered acts of hostility, whether or not they are successful—

a. Overthrowing the legitimate government;

b. Unlawfully causing a nation to become Delegate;

c. Unlawfully gaining access to privileged or classified information, or distributing it or publishing it;

d. Exploiting, manipulating, or unduly influencing elections or votes;

e. Acting as an agent on behalf of a foreign region or organization, to the detriment of the legitimate government.

(2) Conspiracy, defined as planning, strategizing, or otherwise showing an intent to commit an act of hostility shall itself be considered an act of hostility.

(3) Complicity, defined as promoting, inducing, aiding or abetting an act of hostility, including a conspiracy to commit such an act, shall itself be considered an act of hostility.

(4) Insofar as an act of hostility is committed against an ally, the victimized region must be an ally at the time of the proscription.

[b]2. Proscriptions[/b]

(1) A regional proscription is a prohibition on an individual or on all members of a region or organization from having a nation in any regions in the Coalition's jurisdiction.

(2) A full proscription comprises a regional proscription as well as a prohibition on access to off-site resources of the Coalition.

[b]3. Grant of Authority[/b]

(1) The Cabinet or the Council on Regional Security may proscribe an individual that is not a member of the Coalition, or a foreign region or organization, that they determine to be hostile. The Cabinet together with the Council on Regional Security may proscribe a member or a group of members that they determine to be hostile.

(2) A proscription must be issued publicly, and be accompanied with a report detailing the hostile acts. All extant proscriptions must be publicly visible at all times.

(3) Upon proscription of a region or organization, any members of the Coalition affected by that proscription will have 7 days to demonstrably renounce their association to the satisfaction of the issuing authority before the proscription is enforced.

(4) The issuing authority of a proscription may revoke it at any time, by issuing to the Assembly a report on why the proscription is no longer necessary to protect regional security. The Assembly may call upon the issuing authority to review an extant proscription, by passing a resolution to that effect by majority vote.

[b]4. Judicial Review[/b]

(1) A member of the Coalition subject to a proscription may petition the High Court for judicial review under of the following procedures—

a. The individual may request that the High Court review underlying evidence of intelligence upon which their proscription is based.

b. If under a proscription of a region or organization, the individual may present an appeal that they are not a member of the targeted region or organization.

(2) In conducting a review of an individual proscription, the High Court shall only determine if the issuing authority followed the required process, has a rational basis to their interpretation of evidence and intelligence underlying the proscription, and the issuing authority hasn’t ignored exculpatory evidence.

(3) In conducting a review in which an individual appeals that they are not a member of the targeted region or organization, the High Court shall review evidence provided by the issuing authority and the counter-claims of the individual, and determine if the individual is not a member of the targeted region or organization based upon the preponderance of the evidence.

(4) For the purposes above, the individual must be granted adequate forum permissions to participate in the High Court proceedings for that case.

[b]5. Constitutional Law[/b]

(1) The Proscription Act is a constitutional law, and further amendments to it must meet constitutional amendment requirements.

Removed the parentheses of the subsections and added a period after the numbers, in accordance with Article 2, Section C of the Law Standards Act.
Changed 'Mark of Constitutional Status' to 'Constitutional Law', in keeping with the wording used in the Elections Act (Article 8) and the Legislative Procedure Act (Article 3).
Changed the wording in Article 5 (highlighted in green) to that used in the above acts: 'This law shall be considered a constitutional law under the Charter of the Coalition of the South Pacific' to 'The Proscription Act is a constitutional law, and further amendments to it must meet constitutional amendment requirements.'
Other minor changes are highlighted in green as well.

(This post was last modified: 01-05-2019, 02:54 PM by Amerion.)

Nakari · 01-05-2019, 02:55 PM

I believe that legally, either we can count this as a new draft (in which case the debate period begins again) or as Chair correction (in which case it must be presented for 3 days). I'd suggest that we count it as a new draft, then waive the debate period.

**Amerion** · 01-05-2019, 03:06 PM

(01-05-2019, 02:55 PM)Nakari Wrote: I believe that legally, either we can count this as a new draft (in which case the debate period begins again) or as Chair correction (in which case it must be presented for 3 days). I'd suggest that we count it as a new draft, then waive the debate period.

Given that it is not in proper formatting, the bill as it stands in the OP should not proceed to a vote. However, I am curious what the precedent is regarding this: is simply applying cosmetic changes grounds for restarting the debate time?

(This post was last modified: 01-05-2019, 03:20 PM by Amerion.)

**Rebeltopia** · 01-05-2019, 04:37 PM

In most cases, what Nak said would suffice - count it as a new draft, and wave the debate period. This is, if Im not mistaken, Chair discretion.

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***sandaoguo*** · 01-05-2019, 04:41 PM

It’s a complete repeal & replace. Difference formatting is unnecessary and confusing, given the complete rewrite. I wrote the Law Standards Act, and 3.6 is supposed to cover this. We may need to amend the LSA to make that more clear.

I do ask the Chair to waive debate time, since this is not *really* a new draft, just reformatting.

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(This post was last modified: 01-05-2019, 04:42 PM by sandaoguo.)

**Amerion** · 01-05-2019, 04:49 PM

(01-05-2019, 04:37 PM)Rebeltopia Wrote: In most cases, what Nak said would suffice - count it as a new draft, and wave the debate period. This is, if Im not mistaken, Chair discretion.

Just to be clear, this is Nak's decision — I'm officially moving houses but I waddle about the Assembly occasionally. I'm fine with the plan though. It is a sound one.

Although, I note that even if she were to waive the debate period, she would first need a motion and a second to do so, followed by 24 hours to allow for objections to that motion (if any).

**Seraph** · 01-05-2019, 06:07 PM

Then I motion to waive the debate period on the reformatted proposal.

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