Rejection of the fruit of the poisonous tree doctrine in Australia : a retreat from progressivism

This article canvasses the key Australian exclusionary rules and discretions to exclude evidence under both the common law and its statutory counterparts in the Uniform Evidence Legislation now in effect in the Commonwealth, Victoria, New South Wales, the Australian Capital Territory and Tasmania. In examining these exclusionary rules and discretions, an analysis is made as to whether evidence derived from primary evidence excluded under one or more of these rules should also be excluded under an American style 'fruit of the poisonous tree doctrine' - and why or why not. Finally, the article compares the current Australian approach to this doctrine with the present state of the American doctrine and the recognised exceptions thereto. The article concludes with recommendations for applying the doctrine in both countries, subject to suggested changes in the Jaw that take the realities of political correctness and human frailty into account.

A similarity measure on tree structured business data

In many business situations, products or user profile data are so complex that they need to be described by use of tree structures. Evaluating the similarity between tree-structured data is essential in many applications, such as recommender systems. To evaluate the similarity between two trees, concept corresponding nodes should be identified by constructing an edit distance mapping between them. Sometimes, the intension of one concept includes the intensions of several other concepts. In that situation, a one-to-many mapping should be constructed from the point of view of structures. This paper proposes a tree similarity measure model that can construct this kind of mapping. The similarity measure model takes into account all the information on nodes’ concepts, weights, and values. The conceptual similarity and the value similarity between two trees are evaluated based on the constructed mapping, and the final similarity measure is assessed as a weighted sum of their conceptual and value similarities. The effectiveness of the proposed similarity measure model is shown by an illustrative example and is also demonstrated by applying it into a recommender system.

Hope for resurrecting a functionally extinct parrot or squandered social capital? Landholder attitudes towards the Orange-bellied Parrot (Neophema chrysogaster) in Victoria, Australia

In early 2010, after 27 years of recovery effort, the orange-bellied parrot (OBP; Neophema chrysogaster) was expected to be extinct in the wild within a few years. Shortly before the imminent wild extinction became evident, we surveyed landholders (114 responses of 783 surveys delivered) in part of the main non-breeding area, according to three classes of modelled habitat suitability ('high', 'medium', and 'low'). Predictions of the habitat models appear to correlate with landholder perceptions of the presence of OBP habitat on private land, thus the models appear a tractable way to identify key stakeholders worthy of priority consultation in relation to habitat works. Landholders were sympathetic to wetlands and birds, including OBPs (89.4% were aware of OBPs). Most indicated that they would be upset if the OBP went extinct and agreed that critical habitat should be protected; 80.7% were prepared to consider changes to the way they managed their land to benefit the species, and sought more information on how they could do so (64.0%). This study suggests that the habitat model usefully identified key stakeholders and the OBP enjoyed high awareness, concern, and engagement among many stakeholders, shortly before the species was considered functionally extinct. The maintenance of landholder support is likely to be critical if future attempts are made to reintroduce the species to the wild.

Ground-based survey methods both overestimate and underestimate the abundance of suitable tree-cavities for the endangered Swift Parrot

Most cavity-dependent species select tree-cavities with a narrow range of characteristics so that only a small subset of available cavities may be suitable for any species. Most surveys for tree-cavities are done from the ground using binoculars to reduce effort, but this technique is prone to error. These errors are likely to contribute to the loss of the cavity resource when used to inform conservation efforts for cavity-dependent species. The Swift Parrot (Lathamus discolor) is an endangered migratory bird threatened by ongoing removal of cavity-bearing trees by production forestry. We climbed trees with cavities used for nesting by Swift Parrots and determined that they prefer cavities with small entrances, deep chambers and wide floors. Such cavities are rare and occur in large trees that support higher than average numbers of tree-cavities. Importantly, cavities used by Swift Parrots were also likely to be both overestimated and underestimated using ground-based surveys, and without calibration by climbing, the size and direction of survey error could not be determined. We conclude that the most effective way to gain detailed information about the characteristics and abundance of tree-cavities is to climb a representative sample of trees to calibrate ground-based methods for a specific ecosystem.

Rubber latex yield and physiology of rubber tree with tea tree oil treatments

To examine the effects of tea tree oil on rubber latex yield and the resulting latex physiological parameters of rubber tree （Hevea brasiliensis），clean water and 20%，40%，60%，80% and 100% of tea tree oil were applied on the tapping cut of rubber trees. The data were analyzed by Duncan test and its results showed that when compared to clean water （ck），80% and 100% of tea tree oil stimulation significantly promoted rubber latex yield（P＜0.05）. In addition，the latex physiological parameters changed with the sucrose content（P＜0.01），magnesium ion content （P＜0.01） and inorganic phosphorus content （P＜0.01） of latex significantly increasing and thiol content significantly deceasing （P＜0.01）. The effect of tea tree oil treatments on rubber yield was similar to the impact of 0.5% ethrel stimulation. However，compared to ethrel stimulation，100% tea tree oil treatment significantly increased dry rubber and sucrose contents （P＜0.01） and decreased thiol content （P＜0.01）. Thus，tea tree oil treatment involved different latex yield promotion mechanisms than that of ethrel stimulation.

Enhancing an evolving tree-based text document visualization model with fuzzy c-Means clustering

An improved evolving model, i.e., Evolving Tree (ETree) with Fuzzy c-Means (FCM), is proposed for undertaking text document visualization problems in this study. ETree forms a hierarchical tree structure in which nodes (i.e., trunks) are allowed to grow and split into child nodes (i.e., leaves), and each node represents a cluster of documents. However, ETree adopts a relatively simple approach to split its nodes. Thus, FCM is adopted as an alternative to perform node splitting in ETree. An experimental study using articles from a flagship conference of Universiti Malaysia Sarawak (UNIMAS), i.e., Engineering Conference (ENCON), is conducted. The experimental results are analyzed and discussed, and the outcome shows that the proposed ETree-FCM model is effective for undertaking text document clustering and visualization problems.

Effect of ultrasonic wave on latex production and quality of rubber tree

The effects of ultrasonic wave on tapping surface of ‘PR107’ rubber tree were studied. Daily production and cumulative production of latex were measured to estimate the effects of ultrasonic wave on latex production. The solid substance content, dry rubber content and mechanical stability of latex were determined to study the effects of ultrasonic wave on latex quality. Results showed that ultrasonic wave could increase both daily and cumulative production of latex and maintain latex basic quality. The daily production of latex was increased and appeared two peaks both in the ultrasound-treated rubber tree and the one with no treatment. The first peak appeared on the fifth day, and the latex production by ultrasound was 212.34 ml and the control was 141.75 ml The second peak appeared with the production 266.59 ml on the seventeenth day by ultrasound, while the control appeared on the thirteenth day with production of 193.5 ml. The latex cumulative production of ultrasound-treated trees was 209.56 ml higher than that of control in one month. There was little change in solid substance content and dry rubber content between different ultrasonic time. The best mechanical stability of latex was obtained by ultrasound-treating the rubber tree for 4-6 min. it was proved that the ultrasound was helpful in improving the latex production and quality. The application of ultrasonic wave on rubber tree is novel, and its mechanism is worth further research.