[blml] The Rubaiyat of Law 58B2 [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

John (MadDog) Probst:

>>Max IIRC has come down in favour of Major pen
>>card, but has grave doubts. He can stand minor pen
>>card. The fundamental is whether the TD tries to
>>establish intent - and perhaps he shouldn't.

Good Queen Bess:

>I have no desire to make windows into men's souls.

Richard Hills:

It is easier for TDs to enforce objective Laws,
rather than them trying to enforce subjective
"window" Laws.

Hence the Law 49 criterion "could have seen" rather
than "did see" and the Law 73F2 criterion "could
have known" rather than "did know".

Another disadvantage of "window" Laws is that the
"Probst cheats" who can convincingly lie about
their intent gain a competitive advantage over
honest players.


Best wishes

Richard James Hills, amicus curiae
National Training Branch
02 6225 6285