Fresh Fairfax count to begin Monday

THE seat of Fairfax is headed for a recount after Clive Palmer finished just 36 votes ahead of his Liberal National Party opponent Ted O'Brien.

The Australian Electoral Commission (AEC) says a fresh count will begin on Monday.

"There will be a full distribution of preferences which is a fresh count in any case," AEC spokesman Phil Diak said.

A recount is automatically triggered when there are less than 100 votes separating two candidates after all preferences have been distributed.

Mr Palmer led by 111 votes when counting started on Saturday morning, however that number kept shrinking as votes were tallied.

Postal votes flowed the way of first-time campaigner Mr O'Brien, although absentee votes favoured the mining magnate.

Fairfax has traditionally been a conservative electorate.

Retiring LNP member Alex Somlyay had held the Sunshine Coast-based seat since 1990.

While there were big swings to the coalition nationally, preference flows to the Palmer United Party (PUP) hurt its bid to retain Fairfax.

Mr Palmer attracted 26.47 per cent of the primary vote, compared to Mr O'Brien's 41.35 per cent.

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Qantas near miss being investigated

THE air traffic controller overseeing an apparent near miss between two Qantas passenger aircraft hasn't been stood down, it has emerged.

Air navigation services provider Airservices Australia, who employs the traffic controller, says the staff member has been moved to another role but has not been fired.

The spokesman explained that it was standard procedure for controllers to be relieved of their normal duties after such incidents.

"That's for the safety of the traffic controllers as well," the spokesman told AAP on Saturday.

"Any incident, no matter what it is, would worry them. You don't want them worried and having to try to also focus on their job."

Collision avoidance systems were set off as a Sydney-to-Perth plane came too close to a Perth-to-Sydney plane over the Great Australian Bight on Friday afternoon.

The plane travelling from Sydney had been granted permission by air traffic control to climb.

Qantas says the Airbus A330 aircraft had a "loss of separation".

"Our pilots followed standard operating procedures in re-establishing the required separation distance," the airline said in a statement.

The Australian Transport Safety Bureau (ATSB) has begun an investigation which will include examining radar and audio data and interviewing air traffic controllers and flight crew.

It says the incident occurred just after midday (AEST), 19 kilometres west of Adelaide, when the flight one plane had begun to climb from 38,000 feet to 40,000 feet after being cleared to do so.

"Soon after, the controller cancelled the clearance and the aircraft descended back to 38,000 feet," the ATSB said.

It said the flight crew of the second plane received a resolution advisory alert from the aircraft's traffic collision avoidance system, requiring immediate action.

The ATSB expects to complete its investigation later this month.

The Civil Aviation Safety Authority says it will wait until investigations are concluded before it decides whether any action is needed.

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NSW cops stay on duty while death probed

TWO police officers who arrested a man who later died at a northern NSW station will remain on duty while an internal investigation is conducted.

Police have not released the identity of the man or provided details of the circumstances leading to his death, after he was arrested on a Coffs Harbour street on Friday morning.

A member of the public had called police and reported the man was acting suspiciously.

He was arrested and taken to Coffs Harbour police station.

Shortly after the man was locked in a holding dock, the officers noticed he was unresponsive and started CPR.

Paramedics were called and continued attempts to revive him before taking him to hospital where he was pronounced dead.

Police wouldn't say if the man was injured when arrested or what had been "suspicious" about his behaviour.

"I can't talk about specific circumstances of the critical incident," northern region commander Assistant Commissioner Jeff Loy said.

"These are all questions to be answered and that's why we have a critical incident investigation so we can answer those questions."

A critical indecent team, comprising officers from another station, will investigate all circumstances surrounding the death.

They will be supervised by the professional standards command.

The NSW Ombudsman has been alerted and a brief will be prepared for the coroner.

"Any death or tragedy is a sad occasion and we do feel for the family," Mr Loy told reporters in Sydney on Friday.

The welfare of the officers involved, who will remain on duty, will be closely monitored, he added.

"It's a very traumatic event for the police," Mr Loy said.

Police urge anyone who saw the man in Prince Street to come forward.

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Armed Russians detain Aussie activists

ACTIVISTS are calling for the release of two Australians detained aboard a Greenpeace icebreaker after armed Russian officers stormed it using helicopters and ropes.

Greenpeace says the Arctic Sunrise had been sailing peacefully when security forces illegally boarded and arrested its crew at gunpoint early on Friday morning.

The Department of Foreign Affairs and Trade (DFAT) is seeking information from Moscow about the incident, which occurred while the vessel was protesting against oil exploration in the Arctic.

Russia has accused Greenpeace of "aggressive and provocative" behaviour, saying activists had attempted to "infiltrate" the Prirazlomnaya oil platform owned by Russia's Gazprom energy giant in the Barents sea.

Greenpeace acknowledged activists had tried to get aboard the rig but denies their behaviour was aggressive.

On Thursday, the coastguard arrested two Greenpeace activists - from Finland and Switzerland - who had tried to attach themselves to the platform, and was still holding them on Friday.

Greenpeace Australia chief executive David Ritter said Australian Colin Russell and Alex Harris, a permanent Australian resident, are among the 28 activists detained on the Arctic Sunrise.

Ms Harris had managed to radio back an SOS just after the boat was stormed, Greenpeace says.

Activists said on the Twitter page of the Dutch-flagged boat described how men were "on board with guns".

The Arctic Sunrise was three nautical miles inside international waters about 10-12 hours from the port of Murmansk in Russia's northwest when it was boarded, Mr Ritter said.

A Greenpeace spokeswoman told AAP they had not had any contact with the ship since 2am (AEST) on Friday.

Mr Ritter said the workers' detention had come as a shock.

"It's a well-established principle that you can sail peacefully through international waters without having a nation state send its security forces to board your ship and arrest your crew at gunpoint," he told AAP.

A DFAT spokesman said Australia was seeking "further information from Russian authorities to ensure the welfare of the Australian citizen and the permanent resident".

Greenpeace said Gazprom - the world's largest gas company - intends to start production from the Prirazlomnaya platform in 2014 and Greenpeace argues that the old oil platform is "an Arctic disaster waiting to happen".

Gazprom has expanded its oil production operations in recent years and describes the oil field that the Prirazlomnaya will tap as an essential element of its oil business development strategy.

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Tinkler falls off BRW Young Rich list

EDS: Not to be used before 1500 AEST on Wednesday September 18

By Evan Schwarten

SYDNEY, Sept 18 AAP - Just two years ago, Nathan Tinkler was sitting comfortably atop BRW's Young Rich list, with a fortune estimated at $1.13 billion.

Now the mining entrepreneur has dropped off the list altogether after failing to miss the $18 million cut off.

Averaged out over the two years, the decline in Mr Tinkler's wealth equates to more than $10 million a week.

Mr Tinkler, who has been hit with court action over unpaid debts this year and is selling personal property, is the biggest casualty on this year's Young Rich List.

At the top of the 2013 list are software entrepreneurs Mike Cannon-Brookes and Scott Farquar, with a combined wealth of $550 million.

One of the biggest movers is Ruslan Kogan, founder of online retailer Kogan, who has lifted from number eight to number three on the list, with an estimated fortune of $315 million.

Carolyn Creswell, who owns muesli company Carman's, is the richest woman on the list, with $55 million and is ranked number 34 overall.

Retired MotoGP rider Casey Stoner, 27, is the youngest person on the list, with an estimated wealth of $20 million.

IT and sport dominate the list, with 32 tech entrepreneurs and 14 sport stars among the top 100.

BRW editor James Thomson said it was a diverse list with 25 people making their debut in 2013.

"The 2013 BRW Young Rich list is, without question, the most exciting group of entrepreneurs we've assembled in the 11 year history of the Young Rich," he said.

"We've got the pioneers of technology and eCommerce, we've got the upstarts of retail and franchising. And as always, we've got glamour courtesy of the young stars of sport and entertainment."

BRW Young Rich list features the 100 wealthiest self-made Australians aged 40 and under and excludes people who have inherited their wealth.

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WA puppies being sold with fatal diseases

UNSUSPECTING dog lovers across Perth are increasingly being sold puppies with potentially fatal diseases including parvovirus, warns the state's consumer watchdog.

More than 30 cases of ill animals being sold by breeders have been raised with WA's Consumer Protection unit this year, with some breeders prosecuted and others forced to pay compensation.

And families planning on a buying a new pet have been warned to do extensive background checks first.

"If you were told a dog has been vaccinated and you get it home to find it's sick, or you bought a small breed of dog but it grows really quickly and you realise it's a much bigger breed, these are the types of scenarios where you may be entitled to redress," Commissioner for Consumer Protection Anne Driscoll said.

Sellers have also been warned they must comply with the Australian Consumer Law - meaning pets must be "fault-free" and match the description given.

Mandurah pet owner Don Jacobson, who bought his flat coat retriever Kaja two years ago, only recently found his pet has a severe case of hip dysplasia, which will cost thousands of dollars to alleviate future pain.

Kaja's breeder was pursued by Consumer Protection and forced to pay back $500 to Mr Jacobson.

"The breeder was in total denial, then she ignored me and in no way could I consider losing a dog that I had had for two years," Mr Jacobson said.

"It is not treatable and all you can do is alleviate the pain and help the dog out."

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Perth man in long battle to escape death

PERTH man Dominic Bird has been granted bail in Malaysia pending the outcome of an appeal against his acquittal on drug trafficking charges, but still faces another lengthy court battle to escape the death penalty.

Mr Bird, accused of supplying 167 grams of methamphetamine to an undercover police officer, was acquitted on September 4 but re-arrested days later, minutes before his flight to Perth was to depart, after prosecutors launched an 11th hour appeal.

The 33-year-old's lawyer Muhammed Shafee Abdullah had argued that the re-arrest was unconstitutional on the grounds that his client had been declared by the Kuala Lumpur High Court to be a free man, and should be allowed to return to Australia.

But Court of Appeal Justice Azahar Mohamed on Tuesday ruled that the arrest was lawful and that the appeal, for which prosecutors are yet to provide any details, was simply a continuation of a trial.

"Consequently, criminal proceedings against the respondent are revived," Justice Azahar said.

"The right to liberty is not absolute," he said.

Still, Justice Azahar also ordered that Mr Bird, having already spent more than 18 months behind bars, should be granted bail pending the outcome of the appeal, dismissing concerns from prosecutors that the Perth man was likely to abscond.

Mr Bird must first come up with 50,000 Malaysian ringgit ($A16,000) in order to post bail, and will be required to report to police once a week.

His passport is already in the hands of Malaysian authorities.

Mr Abdullah said he would push for the appeal to be expedited.

"We would like to have this appeal within a month from today," Mr Abdullah said outside the court.

However, prosecutor Ahmad Bache told AAP on Tuesday morning that he expected the appeal would not be heard until next year at the earliest, and that it would take several months more to be concluded.

Prosecutors are yet to detail the grounds on which they will appeal the case.

Mr Bird was initially arrested in March last year at a cafe near his apartment in Kuala Lumpur after allegedly supplying an undercover police officer with 167 grams of methamphetamine.

Possession of more than 50 grams of the drug carries a mandatory death penalty in Malaysia.

The prosecution's case subsequently collapsed amid allegations of corruption, including drug trafficking, against their star witness - drug squad detective Luther Nurjib - who was also responsible for Mr Bird's arrest.

Mr Bird has always maintained he was set-up by Inspector Nurjib, who last month was found guilty of contempt of court and fined RM2000 ($A665), after it emerged he had threatened and attempted to bribe a witness in the Bird case.

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Scout leader told to quietly resign

A DISGRACED Scout leader was urged to quietly resign from the organisation and warned if he appealed the decision it could jeopardise his full-time job working with Aboriginal children.

Former regional commissioner of the Hunter Scouts, Allan Currie, told the second day of the royal commission into child sex abuse in Sydney the suggestion was made to Steve 'Skip' Larkins that he should resign from the movement in 2003.

Larkins had been suspended three years previously after a former scout, known as AA, came forward and said he had been sexually assaulted by Larkins in 1992.

Prior to that, Larkins had been removed from face-to-face contact with Scouts in 1997 after complaints were made about him giving lollies to children at a swimming pool.

The inquiry has heard stories were also circulating in the community that Larkins had cavorted with children in the showers and had a Scout lie on his chest while he and the boy were alone in a tent.

A letter sent to Larkins following that incident said: "This type of publicity, as you would realise is something that we in Scouts Australia can well do without".

Counsel assisting the commission, Gail Furness, SC, put to Mr Currie his "primary concern was the reputation of the Scouts".

"Probably," Mr Currie replied, before adding he was new to the job and had no training in such matters.

The inquiry heard Mr Currie worked with other Scout leaders to persuade Larkins to quietly resign from the movement in 2003.

"If he wanted to appeal he could, but if anything came out that was defamatory to him it could cause some jeopardy to his employment," Mr Currie said.

He said he knew Larkins was working in the "youth area" at the time, but he didn't know exactly what type of job it was.

The inquiry has heard that in 2000, Larkins gained work with the Hunter Aboriginal Children Services (HACS), of which he went on to become general manager.

"If he didn't resign it might become more publicly known what had happened?" Ms Furness suggested.

"Yes," Mr Currie replied.

Shortly afterwards, Larkins resigned from the Scouts.

The inquiry is investigating how Larkins remained in the movement so long despite the child sex abuse complaints being made about him since the 1990s.

It is also investigating how Larkins, who is now a convicted pedophile, ended up having parental responsibility for 19 Aboriginal children in a Hunter foster care service.

Larkins was jailed last year for possessing child pornography, forging documents and indecent assault.

The hearing continues.

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WA's streak of Lotto luck continues

WESTERN Australia's run of Lotto luck continues with the state's 57th Division 1 win for the year, this time in the Kimberley region.

A Saturday Lotto ticket worth $472,444 was sold at Chinatown Newsagency in Broome.

Owner Nescia Hick said the win was the talk of the town.

"Everybody has been talking about the great news," Mrs Hick said.

"It was exactly two years ago that we sold a Division 1 Lotto ticket at another local lottery outlet we own, so I had a feeling we were due for another one."

So far this year, WA's 57 Division 1 Lotto winners have shared in prizes worth almost $125 million.

Earlier this month, a family from Perth's northern suburbs won $22.2 million with a Slikpik 12 ticket, which has randomly generated numbers.

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Former Aust PM Howard in Emmy segment

AND the Emmy goes to John Howard and Tim Fischer.

OK. Not really.

The former Australian prime minister and his deputy did not actually win an Emmy on Sunday night at the Creative Arts Emmy Awards in Los Angeles, but they played a role (small role) in The Daily Show with Jon Stewart's victory in an editing category.

The popular US TV talkshow claimed the gong for a comedy segment about how Australia was able to introduce strict gun laws within months of the 1996 Port Arthur massacre, while America remains divided on gun law reform despite regular massacres.

Howard, Fischer and former Queensland premier Rob Borbidge were featured in the segment.

The Creative Arts Emmy ceremony honours the technical categories ahead of next Sunday's star-studded 65th Primetime Emmy Awards where the key acting, series, TV movie and mini-series gongs are handed out.

Another Emmy winner at Sunday's ceremony was Australian cinematographer Adam Arkapaw who won an Emmy on Sunday for his work on Jane Campion's acclaimed New Zealand set TV mini-series, Top of the Lake.

Arkapaw, whose resume includes Australian films Animal Kingdom, The Snowtown Murders and the new Louisiana set TV series True Detective starring Matthew McConaughey and Woody Harrelson, became the focus of gossip magazines when it emerged he was dating Top of the Lake's female lead Elisabeth Moss, best known for her role as Peggy Olson on US TV series Mad Men.

Moss is up for two Emmys next week, lead actress in a drama TV series for Mad Men, and lead actress in a TV series or movie for her Top of the Lake role, in which she plays an Australian detective investigating the disappearance of a 12-year-old pregnant girl.

Campion is also in the running for directing, writing and producing Emmys for Top of the Lake.

It was the Liberace biopic Behind the Candelabra, starring Michael Douglas as the flamboyant pianist and Matt Damon as his young lover, that dominated the Creative Arts Emmy ceremony with eight award wins.

It's an ominous sign for Campion and the other Top of the Lake nominees as they go head-to-head with Behind the Candelabra in most categories.

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Shots fired in abandoned Melbourne factory

SHOTS have been fired into a factory in Melbourne's south-east.

It is believed 70 shots were fired into the empty factory in Clayton South just before 11.30pm (AEST) on Saturday.

Shots were also fired into a number of vehicles outside the factory.

No one was injured and a crime scene guard has been established.

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Comedian Simon Pegg in Perth for film

ENGLISH actor and comedian Simon Pegg has arrived in Perth to work on the Australian film, Kill Me Three Times.

The star of Hot Fuzz, Shaun of the Dead and the recently released The World's End tweeted on Friday: "G'day Perth. Let's make a film."

Pegg seemed to enjoy Perth's sunshine on Sunday too, tweeting: "Beautiful day in Perth, WA. I might even leave the hotel, if I can find the exit."

An hour later he joked: "People keep recommending a bar called The Lucky Shag. Australia, you beautiful bitch, I don't think I could love you more at this point."

The Lucky Shag is a waterfront bar in Perth's CBD.

Written by James McFarland and steered by Red Dog director Kriv Stenders, Kill Me Three Times is a crime thriller set in the Australian surfing town of Eagle's Nest.

It tells the story of a young woman linked to three tales of murder, blackmail and revenge.

Pegg will play a murderer in the film, in stark contrast to his previous good guy roles.

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