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(generated from captions) MAN: One of the speculations finally broke up as to why their marriage intense dangerous work. is that this was and she was injured regularly. He was injured a number of times Helen Holmes had just had enough. ? POIGNANT MUSIC injured in a stunt that went wrong, There's a belief that she was some people say. that she'd lost a finger, And so, abruptly, it was all over. to a cowboy stuntman Helen went off and got married and she walked away from Jack from her glittering career. and she walked away seemed to lose some of his vitality, (Man reads) After the divorce, Jack he looked haggard. let his emotions run away with him. See, Jack was a man who seldom in most things. He ruled himself with a rod of iron that was his weak spot. But when it came to Helen, recovered from their separation. I don't think he ever really MAN: Jack plunged back into work. were a typical product The series westerns in Hollywood. from what became known as Poverty Row referred to the independent companies Poverty Row really just simply to make a quick buck. who would produce anything on a very low budget MAN: Poverty Row were made was very small. because the margin for profit all of the major theatres, In the '20s, the studios controlled but large parts of the world. not just in America were formed during this period, Paramount developed, Warner Bros MGM later. vertical integration of the studio But you had the complete for people like JP McGowan to go. and there was little place He was an independent working within the studio system. who had trouble out of his movie career. MAN: Two major events sucked the life pictures found their voice. MAN: And then, in 1927, The first was the invention of sound. on the soundtrack appear like this My words that have been recorded from the screen. as I am now speaking to you just made it very difficult MAN: The cumbersome sound equipment the kind of 'on the run' movies for Jack to make he'd been very good at. Let me do the talking. You keep quiet. What's this, Sherriff? attempting to steal wild horses I captured your men off the state refuge, McGowan. What have you got to say about it? Why, that's impossible. for some of them strays you lost. I told the sheriff we were looking (Chuckles) That's right. it will never happen again. I can assure you, Sherriff, It was entirely an accident. of course, MAN: And the second major event, was the Great Depression. Hey, Skeeter! Stay where you belong, Skeeter. (Horse whinnies) in his films. MAN: You can see the ambition Come on! that the budget just won't allow, MAN: He's trying to do things a fairly frustrated filmmaker. so I would suspect we've got six, seven, eight-day westerns - He was churning out films - as good as he possibly could, and he was trying to make them but the frustration of no money... can add to your collection, Sinclair. Here's another empty shell you (Gun fires) Sinclair. Right between the eyes that time, MAN: And as the '30s went on, increasingly hard to get he found directing work as a supporting actor, and he made a living in 'B' westerns. often the lead villain (Projector whirrs) occurred for Jack MAN: But then something of a miracle had the idea when producer Nat Levine great railroad serial. of making one last to direct it. And he needed a great railroad man to bring a lifetime of experience It was a chance for Jack of this action-packed blockbuster to the creation The Hurricane Express. (Plane zooms) Express are going to crash! Murray! The West-bound and Hurricane There were stunts galore starred young John Wayne. and The Hurricane Express for Jack to put a full stop It was a great way to his career as the 'Railroad Man'. became the first Australian MALE REPORTER: JP McGowan yesterday an honorary life membership to receive the American Screen Directors Guild. from of the great honours of his career, Jack says it is one spent in the movies. capping a lifetime MAN: His legacy for Australians the first important Australian is he's into the Hollywood system. to break through He survived in an industry to survive. where it's notoriously difficult they developed the grammar of film And he was there when an important part of that. and he was 40 years' worth, MAN: He made an entire career, producer, writer. as a performer, director, He did the works, blazing that trail who came after him in Hollywood. for all those other Australians

Hi. I'm Grant Page. falls from high towers I've survived leopard attacks, and being set on fire. I'm hosting. is a new website from JP McGowan's days to now. It'll take you behind the scenes Closed Captions by CSI Tonight - manufacturing

politics. My focus is on action.

action. I don't want to be held

back from acting by an inquiry which would inevitably take

some time. As the PM opts for

direct action, Tony Abbott says

there has been a backflip. They officials yesterday that they

were going to have an inquiry

and then after I announced the

Coalition's policy review

process, they got cold feet. This Program is Captioned

Live. Good Lateline. I'm Ali Moore. With

the rise of China it's become accepted wisdom that global

power is shifting from the West

to the east. Home to other

growing giants like India, the Asia-Pacific region is seen by

many as the centre of gravity

for generations to come. But

not everyone agrees. The

resilience of the US may mean a

very different outcome to the

often predicted power shift

away from America. It has still

75 of the best universities in the world, it spends 14 times

more than China on its

military. It is a thrit Kali

very attractive society. 20

there million people have emigrated

there over the last 15 years.

It still sits at the ter of the

world financial system. It still has innovation to die

for, so in some fundamental

structural sense there's still

a lot of strength within that

order. It has hard power, it

has soft power, it has economic

power, it has military power. Professor Michael

Economics is our guest tonight.

He joins us shortly. First our

other headlines. Colonel Gaddafi's family flees to

Algeria whilst the search for

the dictator continues across

Libya. The life for asylum

seekers if the High Court rules

tomorrow in the Gillard

Government's favour. We have a special report. And Telstra

rethink the ACCC asks the telco

giant to readvise plans to

separate its wholesale and retail operations. The Prime

Minister has disappointed the

man credited with helping her

into power, denying union

Paul Howes' depends for an

inquiry into plight of the

manufacturing industry. The

rebuff has taken unions by

surprise as more details emerge

to the manoeuvring that led to them backing Julia Gillard into

The Lodge at the expense of

Kevin Rudd. Political correspondent Tom Iggulden has more from Canberra. Yesterday,

the Prime Minister seemed all ears. She gave us certainly a positive reception and she is considering her position. Today

not so much. Well, we're a bit surprised that surprised that we've now got

ministers coming out saying, "no inquiry". The Prime

Minister says she wants action

now to save jobs, not after an

inquiry. Nothing is more

important to me as Prime

Minister than protecting and supporting Australian jobs. She

says unions misunderstood that to to mean something else. People can get different imprekss from

a conversation. Tony Abbott

says that explanation doesn't

stack up. They obviously told senior union officials

yesterday that they were going

to have an inquiry, and then after a nountioned the

Coalition's policy review

process, they got cold feet. Stopping the carbon tax

is still on the Opposition

Leader's hit list. The loss of

more than a thousand jobs at Australian steel makers last

week is fresh ink for his

message If you're fair dinkum

about jobs, if you're fair

dinkum about manufacturing,

drop the toxic tax. But a new

report from the Grattan

Institute says the carbon tax

package will actually help support jobs in the steel industry. What has been

proposed is actually more than

100% of an impact of a carbon

price. So the steel industry

would be better off than it

would have been if there wasn't a carbon tax in

place. The Prime Minister says

a carbon tax won't cost Australia its valuable

industries. They will be making

steel, mining coal, they will

be doing all of those things

that happen now in our

economy. The steelworker job losses

losses are testing the courage

of both leaders' economic

convictions. Tony Abbott says

he is against protectionism,

but he is sounding more and

more like a protectionist by

the day. Julia Gillard, while, says the carbon tax is the

centrepiece of her economic Leader's economic beliefs are set to be put further to the

test after his former boss

tonight threw down the tonight threw down the gauntlet on industrial relations. John Howard's WorkChoices allowed more worker friendly

reforms. At some point, reforms. At some point, this

country has to wind back the re-regulation of the labour

market. Mr All this talk about how he was rude

sure that was right, but that's

not something that was apparent

to the entire Australian community. But now community. But now the community has an opportunity to

familiarise themselves with

those events thanks to more ref slations in US embassy documents leaked to

WikiLeaks. Mr Rudd wielded

almost total control offer a subservient Caucus, however, powerbrokers confide the factions will assert themselves

when Rudd's popularity wanes,

the cables sas. Six months

later, the embassy estimated:

It was more like two

weeks. Possible successor to

Julia Gillard, Bill Shorten, is

the subject of a third cable

after he presented at the US

consulate in Melbourne quoting

Martin Luther King Shorten who is someone rumpled

in appearance:

There was no prediction this time on the time period.

time on the time period.

Telstra has been ordered to

readvise its plans to split the

company separating its retail

and wholesale divisions ahead

of the rollout of the National

Broadband Network. The Competition and Consumer Commission says Telstra's

propose al needs to be clearer

before it's finally approved. Telstra say it is will work

with the ACCC and will still

stick with its proposed link-up

with the National Broadband Network. Libya's interim leader

Mustafa Abdel Jalil says

surrender by Saturday or face a

full military assault. The warning including Colonel Gaddafi's home town, Sirte,

which rebel forces have now

virtually surrounded. A number of Gaddafi's Algeria. The Algerian

Government says they were

allowed in on humanitarian

grounds, but an interim government spokesman in Tripoli

describes Algeria's actions as

an act of aggression. Ben

Knight reports. It was a close

encounter for two Gaddafi

loyalists with an outcome that

could have been much worse.

Travelling between Misrata and

the Gaddafi stronghold of

Sirte, they come across a rebel checkpoint. As they flee, the rebels open fire. One

man is injured and waits for

his attackers, but the other

makes a run for it. Eventually

he gives up as well. They had

come from Sirte, he says. They

were just checking the road.

The two were taken back to

Misrata where they will be held by rebel forces. Makeshift

prisons are being set up across

the country for captured pro-Gaddafi fighters. This one

is in a converted school in

Tripoli. The guards here say many of those captured many of those captured were

forced to fight for Gaddafi

against their will, and after

interrogation they are allowed

to go free, but not all those

fighting for Gaddafi appear to

be so lucky. The chairman of

the Africa union Commission has

a-Tuesdayed rebels for targeting black people Seems to

confuse black people with

mercenaries. All blacks are

mercenaries. If you do that, one-third of the population of

Libya which is black are always

mercenaries. They are killing people, normal

workers. However, he said that the African

the African Union was still

ready to work with NATO to bring about elections and

democracy in Libya. Despite the

gains made by the rebels, that

goal remains in the future. They're in on Sirte, the last bastion of support for Colonel Gaddafi

and they're expecting a big fight.

TRANSLATION: Without a doubt,

there will be a big battle because they are loyal to the

tyrant and we're now forced to use weapons against them.? In the

the recently captured town of Bin

Bin Jawad, the rebels have consolidated their position and are now awaiting orders.

TRANSLATION: We will move

further but we will not enter

Sirte now because it is secured so far. There are ongoing negotiations between

the tribe elders in Sirte and rebels. Members

Gaddafi's family are taking the

opportunity to escape. The Algerian Foreign

Algerian Foreign Minister has

released a statement saying that Moamar

that Moamar Gaddafi's wife,

Safiya, two of his sons,

Hannibal and Mohammed and Hannibal and Mohammed and his daughter Aisha have crossed the

border into Algeria. Rebels

have long accused Algeria of Gaddafi throughout this

six-month period, and they've

vowed to get the family back and get them to face court. Especially for court. Especially for Hannibal.

If he flee to Algiers and

Algerian authorities allowed

him to do that, we will

consider this as an aggressive

act against Libyan people's

wish. The fate of another of

the dictator's sons is up for speculation. A

says that Khamis Gaddafi was badly wounded in a clash near

Tripoli and died of his wounds

in hospital. Khamis was the

commander of the unit alleged

to be responsible for the deaths of more than 100 prisoners earlier this week.

Colonel Gaddafi's sons were

deeply involved in this war,

commanding some of the most feared ba at that time beyonds

in the country, and every day

more evidence of the atrocities

committed by the regime is

coming to light. It's quite

possible that more members of

the Gaddafi family, including those who

going to be indicted by the

International Criminal Court. The Federal Attorney-General Robert

McClelland has tonight attacked the WikiLeaks website the WikiLeaks website for

publishing a US diplomatic

cable which names 23

Australians as having alleged

links to a radical Yemeni

cleric. The cable says the 23

Australians have a past or

present association with a cleric who has ties to

al-Qaeda. The UK cable rebls

that 11 Australians be placed

on a no-fly list and a further

12 be placed on 12 be placed on a watch list. The Attorney-General says the

names should not have been

published and could compromise Australia's national security.

Well now to our interview and

what the rise of Asia means for

the rest of the world. With

China already the world's

second largest economy, second largest economy, the

shift in power from the West to

the East is often taken as a

given, but is it? Our guest tonight argues the future may not be so Professor Of international

relations at the London School

of Economics and is here to speak at La Trobe Centre for Dialogue on Tuesday.

He joined me a short time Professor He joined me a short time ago.

Professor Michael Cox, thank

you very much for joining us on

liecial tonight Pleasure. Defence

Minister Stephen Smith -

economic, political, military

and strategic influence is

Gillard, the centre of global

strategic and economic weight

is shifting to this region -

the rise of the Asia-Pacific

will define our times. Are they

right? Is this the power shift

from West to East? I think this

is a general argument, thesis

that a lot of people have been

advocating and advancing over

the last four or five years. I think there is some truth in it

economically, as we've seen

over the last years. Shine chiep's role in the world economy is now more

important. Asia's role is more

important. Does this, however,

represent a power shift? I don't think so. I'm one of the

unconventionals on this . I

still think a lot of still think a lot of power still lies in the United

States, and I still think there

is a lot of whack in the

transatlantic relationship and

therefore I'm a bit of a

sceptic on this argument.

Economic shift, yes. Economic shift, yes. World economy becoming

dependent, yes, on Asia and

particularly on China. Is it a

fundamental power shift? Are we

going to move into a 21st Century that will Century that will be Chinese? I'm still a skeptic on that

one. I guess the question is when does the economic shift

become a shift on other fronts

as well. I will get to that in

a minute. You talk about a mood

of deep declinism, a sort of

new consensus built new consensus built on

historical laws that all great

powers decline. You don't agree with this? I partly agree with

that. Obviously one studies

history to try to learn some

patterns and there are patterns there to there to be learned but at the

same time history doesn't only

provide us with the guide to

the future. The power shift is

twofold. One is that America is

a very exceptional power. It

isn't like great powers in

history. It isn't like the

British Empire. It has a certain function at the heart

of the international order

which is really quite unique and it will take a long time to

see something like the United

States decline, in spite of

their current economic problems. The second issue is

the one of China itself. China has great economic capacity,

growing more and more in its

own region, reaching out to

Africa economically. Does it

have the capacity, even the

willingness to show global

leadership on a range of other

issues other than trade and

investment? At the mote, I don't think it does. If you look at world's second biggest economy

and you do acknowledge economic

change Of course. But it hold

more US debt. It has at built

to influence outcomes for

countries like Australia. None

of this was the case 30 years

ago. We have the G20 precisely

because countries like China

and Indonesia deserve more say,

dare I say more power. Where do

you see that cut off at

economic weight and political and strategic weight? You're

absolutely right, China's economically over the last 25

years, completely unpredicted

25 years ago, something else we

also got wrong, that is a fact.

What I'm trying to question is whether or not that represents

a power shift. That's the only

thing I'm really trying to

argue. Even if its own region,

China's economic rise has

created political insecurity

amongst its neighbours. If you

go to Japan, Vietnam, South

Korea, obviously Taiwan, you go

to Indonesia, go to the ASEAN

countries they say to you the same same thing everywhere: "Yes, we

love China's role economically

but we are deeply worrieded

politically and strategically

about its rise. We need Uncle

Sam in the region Sam in the region as the guarantor and stability in the

region." So even though it's

setting off a series of

counter-reactions for it within

its own - I'm not trying to

stay say the economics aren't happening, clearly it is, but

it is a complicated rise and I still

vision of a new world order

really lies at the moment. Do

you see then as China continues

to grow, do you think it will

be a plight power? Do you think it will

it will grow without treading

on toes, that it will really be

benign in its

ambitions? This Well, this is

the big debate inside China and

jot side. As you know a few

years ago Chinese theer tish

Shans very close to Hu Jintao.

We can rise most importantly

without upsetting the United

States. I think they were

genuine in leaving that and think the dominant leadership

still believes in it. Ping once put

put it you rise quietly, keep your

your head down. However, as

we've seen over the last couple

of years, China is beginning to assert itself on assert itself on South China

Seas, claims, it's pushing its

weight around on a whole number setting off a number of

concerns and worries in the

region. In a way a split fill solvicly and politically

between the between the Chinese leadership, between those who see the

advantageses of maintaining the

peaceful rise within the order

and those who believe it should

translate its new economic

weight into political and

strategic advantage and I don't think that debate is yet

settled. You mentioned the

South China Sea, but of course they've

they've been first aircraft carrier. Just

one and of course Beijing is

nowhere near being able to

match the US in the Pacific, but former intelligent

and Australian academic Hugh

White says the carrier program

only makes sense if China

expects and intends to be able

to dominate Asia within a few decades. Is that logical? I

read Hugh's piece this morning

- I think it was in 'The Age',

wasn't it? A very good piece, too. This what is being done within the

military, no doubt about

that. But if you go to other

parts of that foreign apparatus they would say hold

on, hold back, if we start challenging the United States

within the region, if we start

challenging it militarily, if

we start thinking in those

kinds terms we will set off an

American-type reaction and set

off a regional reaction and we

will find ourselves in a real

security manner where

start thinking of containment

of China rather than engagement

of China, and that is a real

problem if China goes along that route. Let's America, the other side of this

equation for a minister, and

you say predictions of America's demise are greatly

exaggerated, but when a country

can dig a hole full of debt the

size the US has done for itself

and then argue to the brink of calamity about what to do with

it, it doesn't give the impression of impression of a country that is completely in control of its destiny? Well, I don't think

any great empire has ever been

fully in control of its

destiny. It's not the same

thing om nip tense. America has

never been om nip tent even at

its most powerful. Your question is a very good question is a very good one.

Basically America has gone

through a series of real

problems, post 9/11, the legacy of the

2008 financial crisis and the repetition of a new financial

crisis over the last few weeks

as we've seen. I would want to

make a distinction. It does

sound maybe not entirely

convincing, but the

shorter-term problems which the

United States are facing which

are big and will not be solved

easily and the debt is one of

these problems with what I call the fundamental structural

strengths of the American

system T has still 75 of the

best universities in the best universities in the world. It spends

China on its military. It is a politically very attractive

society. 20 million people have

emigrated there over the last

15 years. It still sits at centre of the world's financial

system. It still has innovation

to die for. So in some fundamental structural sense

there is still a lot of

strength within that order. It

has hard power, soft power, it

has economic power t has

military power, so therefore I

do think we need to distinguish

between what are very deep

short-term problems, I don't understand them for one second.

We have deep structural

strengths of the American political order. Talking about

the shift of power from West to East. What about Europe of

course. Some would say a very

big question mark over the

future of euro. Again, would

you say the euro's demise is

still too hastily

recorded? Yes, Britain's future

lies very much European Union and indeed its

economic future is dependent on

the euro, even though Britain

doesn't have the euro. One of

the key issues of the future world order is what happens to

Europe. I think America's

future is relatively secure. I

think China's future is

relatively clear although they

will have to work out what their grand strategic will be.

They will continue to rise

economically for many years to

come. The real problem is

Europe. The euro crisis, what and Greece and the rest has brought into fundamental

questions: Can the process

continue and will the euro

continue as one of the continue as one of the major currencies in the world. I

think each crisis Europe faces

always evokes and provokes a response which in the past has

taken in to a new level of

integration and development. I genuinely believe it will

happen again, but this is the

biggest crisis they faced. Therefore the which basically means France

and Germany is ernz. Going

back, I guess, to this region,

where does Australia fit into

all of this? Because all of this? Because we're so very dependent on China but at

the same time we're reaping the benefits of the resources boom,

you would be reading about the

struggles we've got in

manufacturing and how we simply can't compete with what China

has to offer. There wouldn't be

many in this country who would

look at China three decades ago

and look at China today and not

say they are more I'm not saying that

either.Ive's oh stressed that

it's economically far more

influential and you can see

that in terms this that in terms this country in

terms fs Western Australia and in terms

in terms of Queensland and the

broader effects of the China's

economic boom and some of the

problems are not problems to do with

with China, but I still feel

that in this sense, Australia will face some difficult choices. The fundamental one is

where does it lie? In the end,

I can't believe frankly

say this with all due modesty -

I can't believe for one minute,

your average Australian,

although Australia is part of Asia, 10% of Asia, 10% of people living in this country come from Asia,

increasingly from China and

elsewhere, I can't believe for

one moment they can't face both one moment they can't face both ways, economically and

politically but also face strategically and politically

towards the United States and

what I would call broadly speaking the both. But can you have both?

Just tonight the former prime

minister Ord said that

Australia and the US will

always have a closer relationship relationship because it's on

shared values than the one

Australia and China will have, but

but I wonder if down the track

one day there might be an

economic, if to other, but an economic price to pay for

that? Well, one has to see that

there is a problem and former

prime minister Howard is right

to raise the question. After

all, Australian values are broadly the word, Western values. I

think most Australians would

feel very much at home in the

United States as they do in Britain or Britain or Europe. There are

share ed Fuge assumptions about

how to run the world, human how to run the world, human

rights and free press and these

are not in China. I think

however one has to stick to

one's values. This is important

to define Australia as a

Western country within Asia which don't think we are seeing a

power shift. These are

difficult policy choices. I

come back it is not a zero sum game game in-the-end, we've seen

great evolution in China. Where

will China be domestically in

5, 10, 15 years? This is still a game which is still yet to be

finished in my opinion. Indeed,

we don't know how it will play

out, but what if China does

become more assertive? What

then, could it become a zero sum sum game? It could become so and therefore could be a more

dangerous world we are moving

into. However, I still have,

naively maybe so, naively maybe so, real yakly possibly, some kind of understanding that Chinese

leadership is deeply realist,

understand exactly the sorts of

questions you are asking and

also has tried to think threw

the answers and my view at the

moment is that those who

believe the future of China

lies working within the broad order which exists at the

moment is of much greater

sets off a new arms race and setting off setting off new tensions and

setting off new conflicts

within the region, which will bring the United States even

deeper into the region and not

see the end of see the end of American influence in this region. Do

you think China will ever

become a democracy as we know a

democracy to be? Well, I always

use the Chinese principle of

non-interference in other

states affairs at this point. Look, yoom told by my friends

who really know China and you

are a chain shine expert much

more than I ever have been,

that 25 years ago China was that 25 years ago China was a different country not only

politically but culturally.

We've seen huge changes

economically and one cannot

believe for one second that

these will not have long-term

impacts on society, on the

political order as well. How

that will work out, woo he do

not know. All we do know from

history is that when you set

off the kind of economic

evolution that China has set

off, when you intergreat a

closed of the global economy, there

will be over the long term,

some huge political consequences which will flow

from that. I think that's inevitable. Whether that leads

to Western-style democracy, I

don't know, but what I do know

is there are be a fundamental

conflict between the current

economic situation they're facing and the political order

they are running. I just don't think the

think the two can for walk

along hand in hand as if there

is a happy marriage. I think

there will be problems over the

area of the world we live

in. Indeed. Professor Michael

Cox, thanks for your time

tonight. Thank you very much. Nice to be here in again. Tomorrow, the High Court

will deliver its ruling on the

legalty of the Federal

Government's plan to swap asylum seekers who have arrived

in Australia by boat with

refugees from Malaysia. Under

the deal, Australia will accept

4,000 declared refugees who are in Malaysia awaiting re-settlement, and we'll send 800 asylum seekers

to that country for processing. Refugee advocates have told the

court that the Government

cannot vouch for the Saturday

of people sent to

which is not a signatory to the UN Refugee UN Refugee Convention. The

governments of Australia and

Malaysia say the people will be

treated with dignity and

respect. But Lateline has

confirmed that the group will

not be issued with formal work

permits and the UNHCR will not

provide any extra health and those already used by existing

refugees in Malaysia. South-East Asia South-East Asia correspondent Zoe Daniel reports from Kuala Lumpur. If the High Court gives

the Malaysia deal the go-ahead tomorrow, the asylum seekers

transferred from Australia will

soon find themselves here in

the coastal town of Port

Dickson, just over an hour from

Kuala Lumpur. This centre has

already been refurbished and is

ready to receive people, although

cagey about its purpose. When

we visit caretakers at this site next door are busy packing

to move out. They say they're

going to be accommodated elsewhere for a year so that

this camp can also be done up and use to house asylum seekers

from Australia. We've been told that up to eight Transit

Centres are proposed and while

only two leases have actually

been signed, it's clear that

these centres would only

accommodate a few dozen people at a

site in Port Dickson that is

still under renovation. A

former seaside hotel, it can

hold about 60 hold about 60 people, but

they're not welcome here,

either. Local Opposition MPs

reject the location of the

centre in a residential and tourist

tourist area. Local people

oppose this project. That's why

we can see that the whole fencing, the whole totally spoil our environment

here, and there is a tourist destination. So a big black

fence here and this is the

tennis court which will be part

of the centre? One of the

centre, one of the centre,

yes. They are also concerned

about the fate of the asylum seekers after they're released

from the Transit Centres, and

whether they will stay in Port

Dickson. Malaysia is rife with religious division and opponents point out that the deal allows the Islamic ruling

party to send mostly Christian

refugees to Australia in return

for mostly Muslim asylum seekers. A lot of people

jobless, so brought in from


If the deal is allowed to go ahead, the asylum seekers will

be held for a maximum of 45

days before being released into

the Malaysian community. They

will then be encouraged to get

jobs and to find their own housing to become self-sufficient as soon as

possible . If needed, they will receive limited bridging receive limited bridging

accommodation and finance. arrangement says that those

transferred from Australia will

have access to jobs, health

care and education. But critics

still say the fact have no legal

rights. There is a huge gap

between what was promised by the Australian Immigration

Minister and what is in fact in

the arrangement itself. There is

is no effective, no legal protection to these 800 asylum

receive an official work seekers. So transfer won't

permit. The right to work

relies on an informal undertaking from Malaysia that undertaking from

they won't be arrested for working illegally. Immigration Department spokesperson says extra

service maternal and mental health

service also be provided as

needed, but the UNHCR has confirmed that it won't be

providing any extra health care

or education services for the group beyond what already

exists for refugees in

that the 800 will access the

that are currently being same facilities and services

provided for existing refugees

and asylum seekers . There

won't be alternative ser vess

provided by us. Lawyer Chee Wee

Lim says there is no way that

Australia can vouch for the

wellbeing of the group. The key

question being considered by

the High Court. All it does is

to add 800 bodies into the system. to add 800 bodies into the same

"We will give a gold card" or a

special card to these 800 in

that they are, exempted prosecution under the prosecution that they are, exempted from

Immigration Act, but beyond

that there is really no access

or rights, legal rights as we

all understand it, to livelihood, education or health care. Children of those

transferred will be able to

attend schools like this one

which is funded by a Korean

doctor and his wife largely by volunteers. The

schools get limited help with things like learning materials

from the UNHCR, but those

running them admit that they

don't provide anything close to standardised learning. They're

not always teaching them

correctly or they don't have a

curriculum they're following or

they have kids that are aged 5

with kids aged 14 and teefing

them the same thing, so the

level of education they're

close to what it would be if

than if they were in a government-funded school. Bekah

Mroczkowski has seen many children pass through here,

some of Burmese origin have

been legally resettled. But

Afghan families who are rarely offered legitimate

re-settlement have often taken

boats. And the student whose

have gone - some of my families

have gone and their families

have settled into Australia and

no longer on the island,

actually on the mainland, they're doing quite well. School bus driver

Abdullah has been here for four

years. He has watched about two

dozen families take boats to

Australia while only a handful

have been resettled through the

UNHCR process. Trance tran it's

just because most refugees are

left without any option. People

have spent so much time living in Indonesia and Malaysia

without a future. I will give an example an example of myself. I've been

living in Malaysia for the past

four years and if you talk

about the legal means of re-settlement through UNHCR, that takes people are desperate and they that takes a long time, so

tend to take to the boats. Like

all refugees here, he is waiting to

waiting to see what the High

Court decides, but he says even

if the deal does go ahead, the

impact on the people smuggling

business will be temporary.

TRANSLATION: People will start taking boats back to Australia because there to send them back to another country. The High Court ruling

will be delivered tomorrow afternoon. And Lateline requested interviews with Miss's Home Affairs Minister and the

and the UNHCR, but they

declined, saying they are

waiting for the outcome of the High Court case. Hundreds High Court case. Hundreds of

people turned out today for a memorial service for Gary

Ticehurst killed in a

helicopter crash 12 days helicopter crash 12 days ago.

Mr Ticehurst and ABC colleagues Paul Lockyer and John Bean died

when their chopper came down on

the edge of Lake Eyre in outback South Australia. He was

remembered as a whose life was never half empty

but always overflowing. Gary

Ticehurst was the greatest AFL player that ever lived. (LAUGHTER)

Gary Ticehurst was the

greatest pianist that ever

lived. He was also the greatest

non- Indigenous idge nous dancer in was right here, right now,

because he was because he was totally aware

how fragile we are and no-one ever knows what tomorrow may

bring. He was an extremely

humble man and would cast a shadow over no-one. Gary

Ticehurst was one of

Australia's most experienced

media pilots and the ABC's

chief chopper pilot for more

than two decades. He was well-known for a series of rescues, the largest during infamous 1998 Sydney-to-Hobart

yacht race. Now to the weather: And that's all from

you would like to look back at tonight's interview with

Michael Cox or review any of Lateline's stories or

transcripts, you can visit our

website. You can also follow us

on Twitter and FaceBook. Tony

Jones will be here tomorrow. I

will see you again on Friday. Goodnight.

Closed Captions by CSI. This Program is

Captioned Live.

Good evening and welcome 'Lateline Business'. I'm Ticky

Fullerton. Tonight, a spanner

in the works of the National

Broadband Network. The ACCC

cast doubt on the break-up of

Telstra. This is the Telstra. This is the time when

we need to get it right. Once

it's set in place, then it's

done right through the

transition period. So, no, this is the key time. Supermarket

battlefield - suppliers point

the finger over their falling

profits. You know you've got a

very serious problem in the

supermarket sector when a major

supplier like Heinz speaks out

about the market dominance of

the duopoly. And tell the truth

- ASIC's threat to get tough on the advertising of financial

products. We have and will take

action where we consider it to

be misleading and deceptive,

but always our first approach

is to engage. To the markets

and in Australia early gains

fizzled out as sellers moved

into banking and mining stocks. Telstra also suffered. The market market ended the day just into

positive territory. In Japan,

the Nikkei climbed for a fourth straight day on stronger-than-expected stronger-than-expected US consume er spending sector. Not

happy Jan - the break-up of

Telstra which is central to the creation of the National Broadband Network is under

threat tonight. The Australian Competition and Consumer

Commission has made it clear it

has issues with the proposed

$11 billion deal and is demanding changes before it gives its approval. sent Telstra shares plunging

nearly 5% at one stage nearly 5% at one stage before

they ended the session off 3%.

In a few minutes we will hear

to the ACCC boss, Rod Sims, but

first this report from Emily Stewart. Access to Telstra's

copper wire network has been

central to the viability of the

proposed National Broadband

Network. But finalising the $11

billion deal hasn't been easy

as NBN boss Mike Quigley alluded to earlier this year. It's a very complex deal

and it's perhaps taking a

little longer than we had

hoped. Now it's set to ache