Proscription Act

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

Table of contents

1. Acts of Hostility
   
2. Proscriptions
   
3. Grant of Authority
   
4. Judicial Review
   
5. Constitutional Law
   

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; or
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 one of the following procedures:
a. the individual may request that the High Court review underlying evidence of intelligence upon which their proscription is based; or
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.

(This post was last modified: 01-04-2021, 01:51 PM by Purple Hyacinth.)

Reply

This act was passed by the Assembly on May 23rd 2018 (debate thread | voting thread).

Reply

The Proscription Act was amended on the 11^th of January 2019.

Debate Thread | Voting Thread

The following text was repealed:

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) Any individual, region or organization that was or is actively involved or complicit in an attempt, successful or otherwise, to illegally overthrow the legitimate government of The South Pacific or its allies and partners, shall be considered hostile.

(2) Any individual, region or organization that has coordinated to exploit, manipulate, or unduly influence elections or votes in The South Pacific, or its allies and partners, on behalf of a foreign region or organization shall be considered hostile.

(3) Any individual, region or organization that has engaged in or has attempted to engage in coordinated espionage against The South Pacific or its allies and partners shall be considered hostile.

(4) Any individual, region or organization that has or has attempted to sabotage military operations of The South Pacific, outside of normal raiding and defending dynamics, shall be considered hostile.

(5) Any individual that is an agent acting on behalf of a foreign region or organization to the detriment of The South Pacific shall be considered hostile.

2. Proscriptions

(1) A regional proscription is a prohibition on an individuals 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 a individual that is not a member of the South Pacific, 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 domestic organization 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 South Pacific 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. For proscriptions issued by the Cabinet only, the Assembly may revoke a proscription by a supermajority vote.

4. Judicial Review

(1) Individuals subject to a proscription may challenge the issuing authority's determination of hostility in the High Court. 

(2) Individuals subject to a proscription of a region or organization may challenge the issuing authority's determination of their membership in that region or organization in the High Court. 

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

And replaced with the following text:

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.

Reply

The Proscription Act was edited by Chair discretion on 9th September 2020.

Table of contents

1. Acts of Hostility
   
2. Proscriptions
   
3. Grant of Authority
   
4. Judicial Review
   
5. Constitutional Law
   

 

(This post was last modified: 09-09-2020, 10:14 AM by Nakari.)

Reply

The Proscription Act was amended on 13 November 2020 by discretionary powers.

Debate thread

Proscription ActProscription Act

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

Table of contents

1. Acts of Hostility
   
2. Proscriptions
   
3. Grant of Authority
   
4. Judicial Review
   
5. Constitutional Law
   

1. Acts of Hostility

Reply

Article 1 of the Proscription Act was amended on 19 November 2020 using the Chair's discretionary powers.

Debate thread

Proscription Act

...

1. Acts of Hostility

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

Reply

The Proscription Act was amended on 25 December 2020 using the Chair's discretionary powers.

Debate thread

Proscription Act

...

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. Ooverthrowing the legitimate government;
b. Uunlawfully causing a nation to become Delegate;
c. Uunlawfully gaining access to privileged or classified information, or distributing it or publishing it;
d. Eexploiting, manipulating, or unduly influencing elections or votes; or
e. Aacting as an agent on behalf of a foreign region or organization, to the detriment of the legitimate government.

...

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. Tthe individual may request that the High Court review underlying evidence of intelligence upon which their proscription is based., or
b. Iif 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.

Reply

The Proscription Act was amended on 4 January 2021 using the Chair's discretionary powers.

Debate thread

Proscription Act

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

...

4. Judicial Review

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

Reply