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The Forum > General Discussion > Should religions in Australia be subject to the Trade Practices Act?

Should religions in Australia be subject to the Trade Practices Act?

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I think the agnostics are the only ones safe. At least they say they don't know, and as long as that is an honest belief...
Posted by GrahamY, Thursday, 29 May 2008 8:37:39 AM
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Dear Steven

what you suggest gets pretty close to a 'Ministry of Truth' does it not?

The problem is.. that it could lead in many very worrisome directions.
I can't even begin to think of them at the moment.

One thing is certain though, some regulatory scrutiny of Mediums who charge money (anyone who charges money)for a service, should be subject to the trade practices act..I agree.

Churches are not in that category.. we are not 'selling' anything. We are proclaiming some historical truths, with their interpretation for the individual, and any 'money' offered is always a free will gift. (Biblically)

We promise 'new life in Christ'.. we proclaim that.. we don't sell it.
In connection with the forgiveness and new life in Him, there is also the assurance by faith of Heaven and dwelling in the presense of the Almighty. We are not 'trading'.

Such a thing cannot be checked unless you have the power to come back :)

Mediums/fortune tellers pretty much couch their predictions in ambiguous generalities, emphasizing how rich you will become, how your love life will improve.. etc. They do this for money.. clearly they have a vested interest in saying things you want to hear.

MARK 9:48

An easy one. Not ambiguous, no problem giving 'the' interpretation :)

a)Jesus is speaking contextually about the fate of those who cause a child to sin.
b)He quotes from Isaiah 66:24 which, again, contextually is referring to the new heaven and new earth and judgement.

There is nothing ambiguous about it at all.. except that the imagery is 'anthropomophic'.

Next question please? :)
Posted by BOAZ_David, Thursday, 29 May 2008 8:40:40 AM
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On the face of it if an organisation is trading the they should be beholden to the TPA.

We had a problem here when one particluar charity started selling turf (grass) in competition with a local business. The difference is the charity did not have to pay the same wages and were not subject to penalty rates, some workers were even volunteers. Rightly so, the business complained on the basis of unfair competition. The turf business had workers to pay and they all have families too.

Religion should be subject to the TPA only if they are trading. Not sure if you could argue that 'selling' faith is trading even though money is being earned in the way of tithes or plate collections.

There is a thin line sometimes. I would imagine given that in most cases profit would not be the prime motivation - after wages paid to pastors etal, I am guessing most monies would go towards good works. But there are exceptions with some of the more corporatised faiths. We have all heard about some evangelical ministers receiving huge and obscene salaries and where the Chuch itself becomes a corporation selling merely for profit.

How you could distinguish I wouldn't know.

Dawkins or any author, would probably not be subject to the TPA a such, but the booksellers and distributors would be. As an author he would receive a sum of money and probably royalties on sales which would naturally fall under the normal taxation obligations.
Posted by pelican, Thursday, 29 May 2008 11:03:11 AM
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Generally the TPA refers to trades and services involved in trade and commerce.

- Is confession a trade/exchange?
- Does a priest or minister deliver a "service"?

Section 52 deals with fitness for purpose @ s. 74 deals with false descriptions and non-correspondence with samples. Under s 74 there is an emphasis on manufacturer [of a surmon?] and consumer [laity?].

A "person" is a body politic as well as an individual and an extension of the concept of consumer, which is more prolific in the TPA.

First century sources on tithing do state that practice was giving one-third of one's income to the Church: One should work for two days to help the indigent. Of the third day, I assume work for the Church. Mispresentation of original meaning by today's religions?

[citation not to hand. I think it was the Dead Sea Scrolls (Trans.)]

Sanitarium, Seventh Day Adventists, I understand, does not pay taxes. Is this example, fair competition? Should churches only receive taxation relief for charitable deeds?
Posted by Oliver, Thursday, 29 May 2008 1:02:44 PM
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"If you're going to subject religions to the Trade Practices Act you ought to subject their opposite - atheism. Good luck!" - GrahamY

Hello Graham. Welcome to this thread.

Atheists sued under TPA?

Yes, if implementable. One can test "faith healing", to see it is "fit for purpose" [s.52], but, atheism, I think would be harder.

Perhaps, denial of a religious reward represents an opportunity cost to the atheist; but who is the defendant? Suspect it would be leglisation, other than the TPA, if feasible. That said, what is good for the goose is good for the gander. Go for it churches: Sue the atheists!

Suspect the damages for eternal damnation would run high, but, the grounds for the aforementioned damages need to be established.

If praying does not save a terminally ill person, can an action be taken under the TPA? If we don't pray and the person lives can the beneficiaries of a Will sue an atheist?

"The Man Who Sued God", is a funny film, if one ignores the swearing in te first fifteen minutes. Turns on "An Act of God" and TPA s.52.

Palimpsest,

I would like to see the Pollies make their promises, while being scanned by a functional-MRI. Apparently, a very sophisticated lie detector. Superior to a polygraph.

Greetings.
Posted by Oliver, Thursday, 29 May 2008 1:32:51 PM
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*See http://www.austlii.edu.au/au/legis/cth/consol_act/tpa1974149

but please take us to the sections you would plead

and yes, especially when they are hired by Howard as NGOs eg CentreCare was one of the Catholic NGOs that took over the jobsearch functions of CentreLink [back in DSS days]

ditto for Privacy Act

both acts could be pleaded as is

and sure enough the Crim Code was added to this Act TOO in 2001

6AA. Application of the Criminal Code
Posted by Divorce Doctor, Thursday, 29 May 2008 2:58:48 PM
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