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This program is not subtitled This program is captioned live. under fire from the States. Tonight - John Howard retreats

in illegal detention. Locked away - more Australians at Melbourne airport. Tyre trouble creates chaos

rates be under the pump? And inflation up - will interest Good evening. Juanita Phillips with ABC News. among the States and Territories, In the face of growing concern is giving ground the Federal Government

on its counter-terrorism agenda. After phoning all the premiers, John Howard says in Parliament by next Tuesday, the legislation doesn't have to be as scheduled. And now, he's also happy to change provision. the contentious shoot-to-kill it was all smiles When they last met, no longer speaking with one voice but the States and Territories are or John Howard's timetable. on counter-terrorism

It is potentially unconstitutional

at a first challenge. and will almost certainly fall over signing off on legislation The Tasmanian Government won't be that it's constitutional. until we're satisfied into the Commonwealth Parliament I think he is rushing the laws

a bit more time. and he ought to take suggestions more time is needed The Attorney-General rejects to scrutinise the new powers. it isn't necessary Phillip Ruddock says posted the draft bill because the ACT Chief Minister on his website. of introducing a bill, The normal proprieties

before the public before, because it hasn't been and waiting, The Opposition can't believe isn't necessary.

with the legislation the Government is pushing ahead on Melbourne Cup Day. Well, that's the lowest of the low. having second thoughts. And the PM appears to be

by Christmas, Providing we can get it I don't really mind. and Territory legal advice Trying to head off State being unconstitutional, about the proposed laws

from Papua New Guinea John Howard hit the phone to shore up support. all of the State leaders, I've spoken to every one of them, over the last 24 hours. Steve Bracks agrees Victorian Premier

the differences can be sorted out. the Commonwealth and the States We will have this resolved between

by the time this is introduced. giving ground And the Commonwealth's also shoot-to-kill provision. on the contentious I'm quite happy to change it

the situation is covered. providing, um, On the constitutional concerns, rejects the argument the Attorney-General that using judges and control orders to issue preventative detention the independence of the courts... risks compromising The advice that we've had is in a private capacity. that judicial officers can act

own legal advice warns ..even if the Commonwealth's of the law. that it's an untested area

of qualification. There's always some language it's nothing out of the ordinary. John Howard says Craig McMurtrie, ABC News, Canberra. a funeral service Almost 1,000 mourners have attended for Jennifer Williamson - in this month's Bali bombings. the Newcastle woman killed people from the Newcastle region She was one of three

at Jimbaran Bay. killed in the blast The funeral was delayed until today to recover his injuries. to give her husband time

has confirmed The Commonwealth Ombudsman and permanent residents that more Australian citizens in immigration detention. have been illegally held Refugee advocates say

being locked up is beyond belief the notion of Australians and they're demanding answers. the treatment of Vivian Solon The Ombudsman condemned as catastrophic. more than 220 cases He's now investigating

believes where the Immigration Department detained people illegally. it might have for the first time And John McMillan has confirmed of Vivian Solon and Cornelia Rau that the wrongful treatment are not isolated cases. He's told the ABC

the other cases he's investigating that at least some of involve Australian citizens.

Among the 220 cases, there are at least a few cases citizenship were detained. in which people who had Australian The Minister needs to come clean were Australians. on how many of these 222 people It's disgusting -

have been treated in this way. disgusting that Australian citizens are people And all of the other cases or legally in Australia who were either permanent residents that we are examining, In all of the cases was an Australian citizen, it is assumed that the person

a permanent resident, a resident under a visa. or a person lawfully in Australia Marion Le says Long-time refugee advocate it's beyond belief are being locked up illegally. that Australian citizens that is obviously malfunctioning We've got a department at a very basic level. to have been unlawfully detained More than half of those suspected were held for a week or less,

for more than a year but 23 people were held for more than five years. and two of them were detained

done nothing wrong Individuals who'd having their lives wrecked. The Immigration Minister's overseas, John Cobb, says but her junior minister, from detention as not unlawful, just because a person is released that they were wrongly detained it's not an indication in the first place. hasn't yet discovered The Ombudsman says his investigation are still in detention. whether any of the 222 people

ABC News, Canberra. Dana Robertson, An Airbus has almost come to grief at Melbourne Airport while landing in high winds an impact on flights. and the emergency is still having from Bangkok When Thai Airways Flight 981 landed late this morning fire started in its undercarriage. it shredded two tyres and a small

50km/hr winds The pilots were forced to negotiate

on their approach to Melbourne. Despite a very hard landing, none of the passengers was hurt. It hit the tarmac and then it just started spinning out of control and stuff was flying everywhere.

And it was pretty scary. As soon as the aircraft touched the ground it slid sideways and it started to get a pendulum effect - it's like one way, and then it would flip and go the other way.

Melbourne Airport says domestic passengers flying to and from Melbourne should check their flight details, as delays continue into the night. The mountain of freight containers clogging Australian ports will be moving by the weekend if the Customs Minister has his way. A crisis meeting in Sydney today came up with a solution - the plan is to put workers on overtime to clear the backlog and to use the old computer system as a backup

for the new one that's causing all the problems. As the trucks lay idle at Port Botany

and the mountain of containers continued to grow, members of the freighting industry gathered to tell the Customs Minister his new computer system was in danger of grinding business in Australia to a halt. The critical period is right now until Christmas. Afterwards, we think we can clear the backlog, but unless something dramatic happens today we have a big problem. The magnitude of the problem was clear to see at Australia's ports - five times the usual number of containers are on the docks - processing at a snail's pace because the new Customs computer is taking time to bed down. After five hours of talks the industry leaders emerged happier than they'd arrived. We believe the Minister has heard industry very clearly. We believe he's heard all of the issues from the whole sides of industry, and we believe that he and Customs will now take some positive action. Stevedore companies have agreed to extend their hours, the trucking industry will also work longer hours to clear the backlog. And while the new computer will also remain in use, the old system will also be more heavily relied upon. We have no reason to doubt that the goods required for Christmas will not be on the shelves. The meeting was said to be cordial.

But with millions of dollars already lost,

no heads will roll. No-one has taken responsibility. No. The question of apportioning blame at this stage is unproductive. Mr Ellison says a backlog of more than 8,000 containers will be gone by the weekend. The Minister says compensation for businesses that have lost money during the crisis will be handled on a case-by-case basis. Michael Gleeson, ABC News. Justice has finally caught up with Chhouk Rin,

the former Khmer Rouge leader, responsible for killing an Australian backpacker in Cambodia 11 years ago. David Wilson from Melbourne and two other travellers were kidnapped, held to ransom and later murdered. South-East Asia correspondent Peter Lloyd reports. Captured at last - Chhouk Rin's days as a fugitive from justice at an end.

The one-time Khmer Rouge commander planned and oversaw

the 1994 abduction of backpackers David Wilson, Briton Mark Slater and Frenchman Jean-Micheal Braquet. The three were kidnapped from a train and held for ransom for two months before being brutally murdered. For David Wilson's family - relief that Chhouk Rin has finally been found. Definitely. I'll be pleased when he's behind bars and he's been a manipulator. Two of Chhouk Rin's Khmer Rouge superiors,

Sam Bith and Nuon Paet, are serving life sentences for the murders. Rin went on trial for the attacks in 2000, but was released amid an outcry from his family and the Australian Government. He refused to attend a subsequent trial which ended with his conviction in absentia. The authorities finally tracked Chhouk Rin down in the northern Cambodian district of Anlong Veng, one of the final strongholds of the Khmer Rouge regime.

Tonight,

Chhouk Rin is behind bars beginning a life sentence. It took 11 years, but in a country where the rich and powerful still literally get away with murder, that he's being imprisoned at all is quite the achievement. Peter Lloyd, ABC News, Phnom Penh. Iraq has approved a new constitution paving the way for parliamentary elections in December. In the United States, that should be cause for celebration

but Americans are focusing instead on the brutal consequences of the war. As Washington correspondent Mark Simkin reports, the number of American soldiers killed in Iraq has reached 2,000. BUGLE PLAYS LAST POST American soldiers are being killed at a rate of more than two a day.

2,000 dead is a disturbing milestone for a public that's increasingly weary of war, and for the President who sent the soldiers into battle. Today, George W. Bush spoke to military families. Each loss of life is heartbreaking, and the best way to honour the sacrifice of our fallen troops is to complete the mission. The death rate is low by historical standards, but with the focus on the dead, another statistic is largely ignored.

More than 15,000 soldiers have been wounded, many seriously. Arms and legs are being amputated of other modern conflicts. at twice the rate to a roadside bomb. Steve Clarke lost his arm he's still with the Army Two years later, and still dealing with his injury. I can feel my hand. Every night I have phantom pain -

The degree of pain is varying, because I have a lot of support. but I think I'm pretty lucky is still slipping, Support for the war

the number of dead and wounded. in part because of The latest opinion poll suggests it was a mistake to invade. a majority of Americans believe at least one former soldier The death toll has turned

of the conflict. into a fierce critic of mass destruction. We know there was no weapons

that these soldiers were told We know that all the reasons and lay their lives down they had to go over there and fight were false. Other soldiers believe the sacrifices have been worth it. Electoral officials today confirmed that Iraq passed a new constitution. In the United States though, it's another grimmer milestone that's getting most of the attention. Mark Simkin, ABC News, Washington.

is calling on Syria The United Nations suspected of involvement to arrest anyone former Lebanese PM Rafiq Hariri. in the murder of Syrian officials A UN report has implicated last February. in Hariri's assassination in Beirut assets A new draft resolution would freeze suspected by the UN inquiry. and impose a travel ban on anyone As the investigation continues

for Syria to cooperate. the United States is calling Now the United Nations must act. must be held accountable And Syria and its leaders for terrorism, for their continuing support

in the murder of PM Hariri. including any involvement in the killing - Syria denies any involvement Pacific Nations The Prime Minister is promising

their economies. a draft of measures to boost But he's adamant

they won't include guest-worker rights for their unemployed. Instead of jobs, John Howard is offering a new technical college in the islands to help boost employment in the longer term. reports PNG correspondent Steve Marshall in Madang, north of Port Morsby. from the Pacific Islands Forum, AND TRADITIONAL SINGING BEATING DRUMS of Papua New Guinea, Amid the exotic beauty

an uneasy undercurrent has emerged. are not impressed Pacific Island leaders over John Howard's decision for Pacific Islanders. to close the door on seasonal labour Definitely they are disappointed, like Papua New Guinea and others at least some of them, unemployment problems. that have pressing troubling levels across the region, Despite unemployment reaching John Howard says

the Pacific countries themselves, the answer lies in not in Australia. in Pacific Island countries Unemployment the economies of these countries. is to be found in building to do that And ways in which we can help them the problem of unemployment will do far more to solve in these countries, than some imaginary relief program in Australia. from some sort of guest worker John Howard offered education. Instead of jobs,

a technical college Australia will establish countries. in one of the Pacific Island to the Pacific Islands It will bring Australian trade qualifications, the availability of of course, in Australia, which will not only be valuable, all around the world. but will be available is one of several ideas The training package to Pacific Island leaders, John Howard has put forward

the 10-year plan for the region. which will help make up will have to carry some weight However, those ideas the disappointment if they are to help offset felt by Pacific Island nations to help ease unemployment concerns. which were relying on Australia Steve Marshall, ABC News, Medang. have voted overwhelmingly Public school and TAFE teachers for a new pay deal. Meetings around the State accepted the Government's offer

of an average 4% rise annually, for the next three years. It is a good offer in the circumstances and it's been negotiated with no need for industrial action, this is absolutely unprecedented, and I think many teachers are relieved. The Teachers Federation says in the face of the deal gives teachers certainty relations proposals. the Federal Government's industrial against women Men who witness violence and don't speak up

are the target of a confronting new awareness campaign. The message is that but does nothing to stop it, if a man suspects domestic violence,

as the perpetrator. he is as bad ADVERTISEMENT: Now tell me or you know what's coming next! Thought you could use this. it's shocking, Those behind the advertisement admit to take responsibility. but hope it will encourage men

to knock on the door A better option is and say, "Is everything alright?" the dynamic of the abuse Which at least slows down

which is occurring and then, at a later stage, to try to talk to that man and say, "Look, I know what's going on, it's not OK, "here's where you can go to seek help." The campaign will culminate in White Ribbon Day

on November 25. You're watching ABC News.

of tonight's top story. Now a reminder to give ground The Prime Minister has been forced on his counter-terrorism package. And still to come - what now for interest rates? inflation's up, for more antiviral drugs The pressure's on of bird flu around the globe. to counter a growing incidence Some of Australia's leading doctors Government to override drug patents are calling on the Federal

of anti-flu medicines. and start producing generic versions The Federal Government 4 million doses of Tamiflu has stockpiled almost

Relenza. and is collecting a second drug, enough for all Australians But it's conceded there would not be if the bird flu virus mutated

and began spreading between humans. should not be putting their fate Australia and other countries one or two companies. in the hands of

should be allowed to make this Instead, a number of companies stockpiles. so that we all have adequate such as Thailand and Argentina, Some countries, with generic manufacturing - are pushing ahead overrides existing patents that's where the Government for any drugs produced. and pays licence fees discussions now We need to be having manufacturing capacity about how we can increase of antiviral drugs, and increase...reduce the price

discussions now, and we need to be having these rather than after a pandemic occurs. bird flu conference in Canada, Speaking at an international Health Minister Tony Abbott says not a patent problem. it's a production, Roche have made it clear that they are happy to enter into licensing arrangements with other potential manufacturers, but this is not an easy drug to make. Many Australian pharmacies have already run out of antiviral drugs.

But the Federal Government says making generic versions of the medicines isn't on the agenda at this stage. Meanwhile, the Government has strengthened quarantine arrangements for birds being imported to Australia. After the discovery last week of pigeons exposed to avian flu, all bird and eggs will need to be tested before leaving their county of origin, and then re-tested when they arrive in Australia. Sophie Scott, ABC News.

There's been another mass stranding of pilot whales on Tasmania's south-east coast. A pod of more than 100 whales was spotted in Marion Bay last night. This morning, the beach was littered with another 70 carcasses. In all, 130 whales have died in the last two days. This is a bad one. It's certainly not the most extreme, but Marion Bay unfortunately has a sad history of having mass strandings of pilot whales.

But on...the good note is these animals are small enough to rescue

and so at least we have been able to put some back to sea. Scientists and Wildlife officers can't rule out the possibility that two Navy mine sweepers may be responsible for the strandings. Well, a lot of people have been saying, you know, "Has that got anything to do with it?" I guess it's just one of those unknown questions. But the Navy says there's no connection as its ships arrived in the area after yesterday's first stranding.

Inflation is up but debt-laden Australians have won another reprieve on interest rates. Today's figures show high fuel prices are not flowing on to the rest of the economy. And that means no interest rate rise, for now.

Petrol prices may have surged to feverish levels in recent months, but so far they haven't infected the rest of the economy.

Take fuel out, and inflation is increasing by just over 2%. What you're seeing, actually,

is you're seeing quite moderate inflation. But a jump of close to 12% in the price of petrol fuelled an increase of nearly 1% in the Consumer Price Index for the September quarter. In annual terms, inflation is now running at 3% -

at the top of the Reserve Bank's comfort zone and its highest level for 2.5 years,

but still better than expected. There is no compelling evidence that higher petrol prices are actually feeding through on a widespread scale into ongoing inflation rates in this country. And that's stayed the Reserve Bank's hand. Debt-laden Australians won't be facing the added burden of an interest rate rise, for now. However, Peter Costello is warning that persistently high fuel prices and increased global demand

as winter approaches in the Northern Hemisphere mean the threat may not yet be over. There could still be some petrol effect coming through in the December quarter. We have to be very wary of second-round effects from the petrol price increase. With that in mind, the Treasurer's warning companies in the midst of a profit boom not to use the high cost of fuel as camouflage for price rises. It would have bad implications for the Australian economy,

including implications on the monetary policy front. And an interest rate rise would not just hit home-owners. Well, my credit card's pretty much maxed out. It's today's culture, to be in debt. It certainly is - the average 18- to 24-year-old is $6,000 in hock. They've never known anything but increasing prosperity. Should an interest rate rise come along, no longer will the good times roll.

Jim Middleton, ABC News, Canberra.

Investors reacted to today's inflation figures by pushing the local share market higher. Alan Kohler explains why. Well, it's true that 3% inflation is at the top of the Reserve Bank's target range, but considering that the fuel component of the CPI went up 11.6% in the quarter, it's pretty good. The best thing is that the underlying inflation rate,

which excludes volatile things like petrol and fresh food, rose at an annual rate of just 2%. Now, that gives us an idea of whether high petrol prices are flowing through to other products because of the high cost of transporting them - and so far it's not. Here's a longer-term perspective on inflation. Yes, the inflation rate has increased from 2% to 3% in the past 12 months, but inflation is where it was five years ago,

even though the price of crude oil has more than doubled during that time. And five years ago, the Reserve Bank's official cash interest rate was 6.25%. Now it's down at 5.5%, which is where it will stay after next Tuesday's Melbourne Cup Day board meeting at the RBA. The share market closed more than 1% higher, with solid rises by resource stocks and banks. AMP jumped after good profit results, and Woodside shares rose 3.6%

after the oil price jumped 3.6% in New York and 3% in Singapore this afternoon. Woolworths shareholders weren't too impressed with the company's announcement today that it's bought the Taverner Hotels Group for $380 million. Its shares fell 10 cents. And that rise in crude oil, by the way, was the main reason stocks on Wall Street slipped last night - the Dow Jones finished steady and the S&P 500 fell 0.25%.

The other reason for that was the surprisingly weak consumer confidence. And the Australian dollar is rising strongly against a weak US dollar at the moment. And that's finance. A career-best innings from Michael Clarke has put New South Wales in a powerful position

on day two of its game against South Australia at the SCG. Clarke made 178 as the Blues posted a massive first innings total.

In reply, South Australia is struggling at 5/190. Simon Katich added only six runs to his overnight total before being caught behind off Paul Rofe. But Clarke advanced from 115 to 178 in an impressive hit-out before the first Test against the West Indies.

Young off-spinner Daniel Cullen was the best of the South Australian bowlers with four wickets. Former Australian wicket keeper Rod Marsh

has strongly urged the national team to move quickly in appointing specialist coaches. When John Buchanan was recently re-appointed as head coach, Cricket Australia left the door open for assistants and Marsh believes it's the best way forward.

Here's Peter Wilkins. Rather than rule with an iron fist, Rod Marsh believes in the shared approach to coaching. As director of England's Cricket Academy in the lead-up to the country's Ashes triumph, he oversaw a team of coaches

he oversaw a team of coaches which was widely hailed in engineering Australia's demise. And if Marsh was Australian coach, he'd want a similar set-up. If I was Australian coach, I would have support staff. I'd definitely have a fielding coach, I'd definitely have a fast-bowling coach. South Australia will be hoping Marsh's Midas touch rubs off with his review of the State's cricket starting on Monday.

Meanwhile, the West Indies is expected to play its best side against Queensland tomorrow

and hopes of success in this match and the 3-Test series hinge on a novice pace attack. You know, hopefully they can get it right on this tour, and if they do, probably things might go our way. The signs are good. The Socceroos' World Cup qualifying campaign received a boost overnight

with the form of some key players for the matches against Uruguay.

Harry Kewell continues to make progress after injury and was unlucky not to score

in Liverpool's 2-1 defeat by Crystal Palace

while Brett Emerton and Lucas Neill both found the net in Blackburn's 3-0 win over Leeds. UK firm Betfair has found a mothership to become a bigger player in the Australian betting market.

With a decision from the Tasmanian Government

on an Australian base for Betfair expected soon,

the AFL has signed a lucrative deal with the company based on shared revenues. The league's agreement is at odds with the Australian racing industry, which has strongly opposed the firm's emergence in Australia. It had a bit of everything. Spectators moved to take part... ..or to withdraw. Home runs and a stalemate at 5-5 in the longest ever World Series game, at close to six hours,

and equal longest for innings - 14. This blow at the top of the 14th gave the Chicago White Sox the impetus for a 7-5 win and a 3-0 lead in the series. Houston has to win all four remaining games. Australian Rugby Union coach Eddie Jones says he's yet to decide who will play five-eighth in the Test against France on Sunday week. The Wallabies Squad of 31 left Sydney for the end-of-year tour

which also includes Tests against England, Ireland and Wales. Matt Giteau and Mat Rogers are in contention to replace the injured Stephen Larkham in the number 10 jumper. Both have trained pretty well and at the moment it is 50-50. It's a good little challenge between the two of them. The Wallabies will be looking to end a five-game losing streak. Another muggy day today and a few storms about, Mike?

And still some with us tonight, Juanita. Good evening - yes, further isolated showers and thunderstorms about the eastern half of the State today, and a milder change is moving along the coast.

That'll take some heat out of the air. Sydney's temperatures today went from 18-32 degrees, a top that's 9-above average.

Now - well above the average. Very warm to hot in most district today.

Rain - thunderstorms around today. Canberra - wetest around the nation

Temeratures will be down a little tomorrow. Rain will be around, too.

Rain will favour the NE corner.

STrong wind warning in the north and south of NSW.

Sydney - back to fine and sunny tomorrow. Generally fine ahead.

Thanks, Mike. Now a reminder of our top stories. Some State and Territory leaders are still baulking at the Federal Government's timetable for its anti-terror legislation even though the Prime Minister has given some ground. There are fresh calls for ministerial sackings in the wake of revelations that another two people may have been wrongfully detained for up to seven years. And interest rates look set to stay where they are, despite petrol prices pushing up inflation.

And that's ABC News for now. I'm Juanita Phillips. I'll be back with an update in an hour. We'll leave you with the sort of outfits you might be wearing if you could get away with it, all featured at the launch of Fashion Week in Melbourne. Goodnight. Closed Captions produced by Captioning and Subtitling International Pty Ltd

.

. The AFP is under two contrary

pressures. One is to adhere to the

spirit of the guidelines and the

other is to find heroin coming into

this country. Tonight - the

explosive letters from the federal

police to Indonesian authorities

that gave advance details of the

Bali 9's alleged heroin plot.

Technically, they haven't breached

the government's guidelines or at lest it

the government's guidelines or at lest it seems to me they haven't.

Will the AFP advice become a death

warrant? It was an invitation to

arrest them, charge them and

arrest them, charge them and finally put them in front of a firing squad

if found guilty. SONG: # A fine

line between pleasure and pain #