Woman breaks arm in Segway clash

File picture. Segways will be legal to drive on Queensland paths and bikeways. Source: News Limited

A WOMAN has been taken to hospital after being hit by a Segway at a luxury Gold Coast resort.

The woman, 50, suffered a suspected fractured arm after being struck by the two-wheeled people mover at the RACV Royal Pines Resort.

The collision happened besides the resort's golf course about 12.30pm on Saturday.

Royal Pines immediately launched an investigation and is believed to have suspended Segway operations for guests.

The resort introduced Segway rides last year as part of a new 'adventure' activities program.

The company that operates the Segways rides also lobbied the Queensland Government to legalise the machines on the state's footpaths.

Controversial Segway laws were introduced earlier this year and will become official from next month when the stand-on vehicles will be given free rein on public walkways.

But accidents like that at Royal Pines could be ammunition for anti-Segway campaigners including Gold Coast councillor Lex Bell, who believes pedestrians and Segways do not mix.

Last week, Transport Minister Scott Emerson said he was satisfied with safety restrictions for Segways, including a speed limit of 12km/h, an age limit of 12 for users, mandatory helmets and lights and reflectors at night and in bad weather.

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NSW man charged with drug supply

BEAT police in Sydney's southwest have charged a man with supplying drugs after a street search revealed ice and possibly heroin.

Officers were patrolling Gladstone Street, Marrickville, when they stopped and spoke to a man and woman standing on the footpath about 11.20pm (AEST) on Friday.

They searched the pair and allegedly discovered an amount of methylamphetamine, cash and a substance believed to be heroin.

The man, 41, has been charged with supplying a prohibited drug, possessing a prohibited drug, holding goods in custody and dealing with property suspected to be proceeds of crime.

He was refused bail and will appear in Parramatta Local Court on Saturday.

The woman, 30, has been released pending further inquiries.

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Man glassed in NSW Snowy Mtns fight

A MAN has allegedly glassed a 22-year-old in the face during a fight in the NSW Snowy Mountains.

The two men aged 22 and 30, were at a function on Kosciuszko Road, Jindabyne, when a fight broke out about 12.10am (AEST) on Saturday.

The older man allegedly hit the 22-year-old on the face while holding a glass, police said.

He suffered multiple cuts to his face and was taken to hospital for treatment.

The other man was treated at the scene for lacerations to his fingers.

He's been charged with grievous bodily harm by a negligent act and was bailed to appear at Cooma Local Court on October 9.

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Cold snap ends balmy NSW winter weather

BUSHWALKERS are being warned to rug up but skiers can get their boots out as a cold snap sweeps NSW.

The chilly weather brings an abrupt end to the unseasonably mild winter temperatures enjoyed by most of the state over the last few days.

From midday on Friday the mercury will plummet, while strong and gusty northerly winds buffet much of the state and snow falls on the highlands.

There will also be widespread rain and possible thunderstorms, according to the Bureau of Meteorology.

Weather services manager Andrew Treloar is warning locals in NSW and the ACT not to be caught out by the sudden change.

"We'll be going from the pleasantly warm and unseasonable conditions to biting cold in just a short time this weekend.

"Anyone planning to be out and about, particularly bushwalkers, snow sports enthusiasts, campers and boaties, need to keep a very close eye on weather forecasts and warnings."

He's urging people to plan for conditions that range from "pleasantly summer-like to winter extreme".

The cold snap is being created by a strong cold front that began moving into western NSW on Thursday.

It will bring snow to the lower levels of the Snowy Mountains and parts of the Southern and Central Tablelands, particularly overnight on Saturday and into Sunday morning.

Snow is expected down to 600-700 metres in the Southern Tablelands and the ACT and around 1000 metres in the Central Tablelands.

Up to 20mm of rain will fall over the inland and southern ranges on Friday, with some patches experiencing downfalls of up to 50mm.

Very windy conditions are forecast about the Snowy Mountains and higher parts of the tablelands, with the conditions hazardous for people undertaking outside activities.

The weather will slowly warm up next week, as south-westerly winds bringing cooler, more seasonal conditions, Mr Treloar said,

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Airlines urged to disable distress beacons

BRITISH authorities have recommended that distress beacons on board all Boeing Dreamliners be disabled, after identifying the devices as the likely cause of a fire on a 787 at London's Heathrow airport.

The Air Accidents Investigation Branch (AAIB) said on Thursday that detailed analysis of the Honeywell emergency location transmitter system on the new generation plane "has shown some indications of disruption to the battery cells".

"It is not clear, however, whether the combustion in the area of the ELT was initiated by a release of energy within the batteries or by an external mechanism such as an electrical short," it said.

Pending further investigations, it recommended all Honeywell transmitters be removed from the Dreamliners and urged aviation regulators to review lithium-powered devices installed in other types of aircraft.

In a statement, Boeing said it supported the recommendations, "which we think are reasonable precautionary measures to take as the investigation proceeds".

Nobody was hurt when the fire broke out on Friday on an empty Ethiopian Airlines plane parked at Heathrow airport.

Boeing was dealt another blow on Thursday when a Japan Airlines 787 that left Boston for Tokyo turned back because of a possible pump problem, the company said.

"As a standard precautionary measure due to a maintenance message (fuel pump) indicator, JL007 bound for Tokyo-Narita decided to return to Boston Logan for check and landed safely," Carol Anderson, a US-based JAL spokeswoman, told AFP in an email.

Boeing withdrew from service its entire fleet of Dreamliners earlier this year due to separate concerns that lithium-ion batteries on board could cause fires.

A total of 68 Dreamliners have so far been delivered, and the AAIB recommended to the US Federal Aviation Administration that the transmitter systems in all of them be disabled.

It also recommended that the FAA and other regulatory authorities "conduct a safety review of installations of lithium-powered emergency locator transmitter systems in other aircraft types and, where appropriate, initiate airworthiness action".

The AAIB's report does not mean the Dreamliner fleet need be grounded.

All planes carrying passengers in the United States are required to have a distress beacon, and the devices are widely used around the globe.

But under US rules, operators can fly with inoperative transmitters for up to 90 days while they await replacement or repairs. Similar regulations apply in Europe and other parts of the world.

Boeing said it was working "proactively" to respond to the recommendations, and the report did not appear to worry investors. Boeing's shares in New York gained 2.84 per cent to 107.7 dollars at 1605 GMT.

"We are confident the 787 is safe and we stand behind its overall integrity," the company said.

In another development, a United Airlines Boeing 777 bound for Amsterdam was forced to turn back and make an emergency landing in Houston after the plane's second engine shut down.

There were no injuries or further problems upon landing, United spokesman Luke Punzenberger said on Thursday.

"As a precautionary measure, Flight 58 from Houston to Amsterdam returned to IAH because the crew identified an issue with one of the engines.

"The Boeing 777 aircraft, which was carrying 223 passengers and 15 crew, landed safely and without incident in Houston at 5.13pm" local time (0813 AEST Friday), the statement said, adding that the aircraft was being reviewed by maintenance staff.

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Dumped ALP candidate blames naivety

DUMPED federal ALP candidate Jeffrey Salvestro-Martin says naivety and inexperience has landed him before the NSW corruption commission.

Mr Salvestro-Martin was disendorsed as Labor's candidate for the northwest Sydney seat of Bennelong after he was called before the Independent Commission Against Corruption (ICAC).

He and others at Ryde Council are accused of accepting undisclosed political donations in the form of free advertising ahead of local government elections last September.

Mr Salvestro-Martin on Friday produced a summary of account statements that he said showed he had paid for a number of ads in a local newspaper, The Weekly Times.

But Assistant Commissioner Theresa Hamilton told him the documents only showed that "someone" had paid for the ads.

Asked why he would have used his personal MasterCard or cheques rather than his campaign fund to pay for advertising, Mr Salvestro-Martin blamed his "naivety, my fault, my inexperience".

Mr Salvestro-Martin, who until this week had Labor's backing to run for John Howard's former seat of Bennelong, told the inquiry he had limited political experience.

The 2012 local government election was the first time he had run at the top of a political ticket, he said.

"As second on a ticket (at the previous election), I was always instructed as to what to do and how to do it," he said.

The inquiry has also heard Mr Salvestro-Martin was aware of "inducements" or "implied threats" directed to the council's acting general manager Danielle Dickson.

She'd been handed control over whether council would pay legal costs in a Supreme Court action relating to the ousting of former general manager John Neish.

But a phone call intercepted days before the costs decision was delegated to Ms Dickson reveals Mr Ivan Petch told Mr Salvestro-Martin he was planning to "give her a good firm talking to".

"(I'll) say 'Listen, a lot of people have been watching - the majority of council have been watching - how you handle the matter'," Mr Petch said.

"'And if you ever want to be the general manager of this place, I'd tread very carefully if I were you'."

Counsel assisting the commission Jason Downing said Mr Petch's plans to take Ms Dickson aside were "grossly improper".

"But at the time, you made no comment other than suggesting that you absolutely agree," he told Mr Salvestro-Martin.

The inquiry continues.

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Childhood crimes may count in Qld courts

QUEENSLAND'S children's court could be opened to the media and public in a bid to name and shame young offenders.

Attorney-General Jarrod Bleijie says youth criminals are thumbing their noses at the justice system and results of a new crime survey show the public is tiring of the slap-on-the-wrist approach.

Results of the survey, published on Thursday, showed half of the 4184 respondents strongly agreed with naming and shaming young offenders.

About 58 per cent also wanted young offenders automatically transferred to adult prisons when they turn 17.

Mr Bleijie says the current system isn't working and the government needs to try new things.

"We are looking at the issue of opening our children's courts, so the media and the public can see what's happening," Mr Bleijie told a budget estimates hearing.

"And rather than young people coming out of our courts and thumbing their nose and sticking their finger up at the law, they can actually take some form of responsibility and Queensland will be able to identify these particular individuals.

"However, we've got to get the balance right and we've got to make sure that young people that want to be given a chance to change their life are given an opportunity."

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SA premier to talk with Carr on tax change

SOUTH Australian Premier Jay Weatherill will hold face-to-face talks with federal Industry Minister Kim Carr on Friday over proposed tax changes expected to impact on the car industry.

Car producers and other auto industry groups have warned that the changes to fringe benefits tax arrangements will lead to a fall in vehicle sales.

But South Australian Attorney-General John Rau said it remained unclear exactly what the impact might be.

He said the SA premier had already spoken by phone with Treasurer Chris Bowen and would meet Senator Carr on Friday to "flesh out" the issue and gauge how much concern it presented for local car producer Holden and the wider automotive sector in South Australia.

"When any of us read in the paper the suggestion that there is going to be a reduction in demand for Australian-produced motor vehicles, that's a matter that we pay attention to," Mr Rau told reporters on Thursday.

But Mr Rau said the government was exploring whether or not the forecasts in the media were actually representative of what might happen.

"We don't want to become panicked by a group of individuals who, perhaps for self-interested reasons, have an agitation about their business," he said.

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Prosecutors asked to probe Heiner affair

QUEENSLAND'S director of public prosecutions is expected to investigate whether charges should be laid over the shredding of documents relating to a child abuse inquiry during the Goss Labor government.

Attorney-General Jarrod Bleijie announced on Thursday afternoon he would write to the DPP requesting the action.

Queensland's child protection inquiry recommended earlier this month that the so-called Heiner affair be referred to the DPP.

It found the Goss cabinet may have acted unlawfully when it ordered the documents and tapes of the Heiner investigation be shredded on March 5, 1990.

They related to the alleged 1988 rape of a girl in state care by two male teenage inmates from Brisbane's John Oxley Youth Detention Centre.

Mr Bleijie told parliament he would write to the DPP on Thursday to "consider whether a prosecution is warranted as a matter of law, and whether it is in the overall public interest".

"This results back to a cabinet decision in the Goss government of 1988 to 1990."

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Bad management means fewer NSW operations

NSW hospitals could perform an extra 20,000 operations a year if they were better managed, the auditor-general says.

Peter Achterstraat has called for a "tune up" of the state's public hospitals to ensure their annual $1.3 billion budget for elective surgery is maximised.

Releasing a report into NSW operating theatres on Wednesday, Mr Achterstraat said hospitals must ensure they carry out operations on schedule.

"Hospitals just need to start the first operations of the day on time, stay on time and reduce the numbers of cancellations," Mr Achterstraat said.

"Less than half the scheduled first operations started on time over the past three years.

"In some hospitals, less than 10 per cent of first operations start on time."

Mr Achterstraat said there was capacity to do more elective surgery using existing resources.

"If NSW Health met its own theatre utilisation targets for elective surgery, an estimated 20,000 more operations could be achieved each year," the Auditor-General said.

He also warned that waiting times for elective surgery would continue to increase unless NSW Health improved its management.

The problem in many hospitals is that it is not clear who is in charge, he said, adding many places would benefit from employing someone with "the same authority and skill as the matrons of the past".

"We just need to make sure someone is clearly in charge of each operating theatre and make sure operations start and stay on time.

Another problem was that over a quarter of theatre cases are non-surgical, such as endoscopies and colonoscopies, which "could be done in procedure rooms rather than using up valuable operating theatre time", he said.

On a positive side, Mr Achterstraat said NSW public hospitals are performing more elective surgery than in previous years and are treating patients substantially within national clinical time frames.

Health minister Jillian Skinner said the report showed the state was performing record numbers of elective surgery but acknowledged there was room for improvement.

"The Auditor-General also identifies areas where improvement is needed, including that local managers need to be able to use all available information to better manage operating theatre efficiency," she said in a statement.

"I have asked Dr Mary Foley, the Director-General of NSW Health, to consider and implement all recommendations made by the Auditor-General."

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FBT change 'policy on the run': Hockey

SHADOW treasurer Joe Hockey has likened the federal government's surprise changes to fringe benefit tax (FBT) on cars to taking a baseball bat to the motor vehicle industry.

Labor has changed FBT arrangements on car leasing and salary sacrifice packaging to raise $1.8 billion to help support a move to an emissions trading scheme a year earlier than expected.

Mr Hockey met on Wednesday with automobile industry representatives, car dealers and salary packaging experts in western Sydney to discuss the ramifications of Prime Minister Kevin Rudd's decision.

"This is going to be like a baseball bat to the motor vehicle industry in Australia," Mr Hockey told reporters at a car dealership.

"This is poorly thought out, there was no consultation with any stakeholders."

The change, which does away with the 20 per cent statutory rate - regardless of kilometres travelled - and requires people to log private use of a business car, is expected to impact 325,000 people.

Mr Hockey said 75 per cent of recipients earn less than $100,000 a year.

"They are going to be hit with a tax bill of $1400 a year, every year going forward," he said.

Deputy Prime Minister Anthony Albanese said a lot of people were "fiddling the system".

"Those people who are salary sacrificing (and) who use their car less than 20 per cent but claim the 20 per cent offset ... the chances are it's not a Holden Commodore, it's a BMW," he told Sky News.

The 20 per cent statutory rate was recommended by the Henry tax review and implemented in 2011.

Leasing and salary packing arrangements produce big sales for the motor industry.

But asked if he would support Labor's change, Mr Hockey said: "I have deep, deep reservations, but certainly we would not start from yesterday. This is not the way to run tax policy".

The National Tax and Accountants' Association said the FBT changes have "catastrophic consequences" for the car industry and urged Mr Rudd to rethink it.

Treasurer Chris Bowen said the government hadn't abolished an FBT concession for motor vehicles.

"If you are using your motor vehicle for business use, you deserve the reduction, you'll get the reduction, you'll keep the reduction," he told reporters in Sydney.

"If you are not using your car for business, then you don't need a business-use deduction."

He clarified that people who claim business usage will need to justify their claim, either by filling in a log book or using a mobile phone app to track their percentage of business use over three months every five years.

"If you are going to return to surplus, if you are going to have responsible measures in place, that means sometimes making tough decisions," he said.

He noted Mr Hockey did not rule out voting for this proposition.

He also corrected Mr Hockey on his figures, saying Treasury advice indicates two-thirds of people who salary sacrifice cars earn more than $100,000.

In any case, he said this was a test for the opposition.

"Is Mr Hockey ... really saying that their policy position is, if you have a car and do not use it for business use you should be able to claim business use?" Mr Bowen asked.

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WA surfer says hit by torpedo-like dolphin

A WEST Australian surfer whose arm was broken as he clashed with a pod of dolphins has likened it to being hit by a torpedo.

Troy Robinson was hit by a dolphin while surfing alone at Ellensbrook at Margaret River last month and spoke with Fairfax radio about his unusual accident on Wednesday.

Mr Robinson said he was paddling out to catch a wave when he saw it was already occupied - by more dolphins than he had ever seen.

"Up to ten took off in this one wave. You could see them jumping around," he told the broadcaster.

"There was so many of them in the wave I had a feeling there was no room. I was going to get hit.

"I duck-dived and next minute I just got whacked off my board with this big thud. It just about felt like I broke my collarbone.

"It felt like a big impact ... like a torpedo. It was really powerful and (the dolphin) must have been going quite fast.

"Usually, they've got good senses and can get around you."

Mr Robinson said the experience was a good story to tell his grandchildren.

"It's pretty rare. Pretty unique.

"Better than being a shark.

"They're not intentionally trying to hurt you. Just having fun, I guess, and they can make mistakes like humans can."

He said he'd be wary next time he saw a large pod in the water.

The impact was so hard he had to have a plate inserted into his left forearm and is still nursing his injury.

It also punched a hole into his surfboard.

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Yahoo wins ruling in data collection case

YAHOO has won a court fight that could help the public learn more about the US government's efforts to obtain data from internet users.

The US Foreign Intelligence Surveillance Court, which reviews government requests to spy on individuals, ruled on Monday that information should be made public about a 2008 case that ordered Yahoo Inc to turn over customer data.

The order requires the government to review which portions of the opinion, briefs and arguments can be declassified and report back to the court by July 29.

The government sought the information from Yahoo under the National Security Agency's PRISM data-gathering program. Details of the secret program were disclosed by former NSA contractor Edward Snowden, who has fled the US.

The program came to light in early June after The Washington Post and Guardian newspapers published documents provided by Snowden. It allows the NSA to reach into the data streams of US companies such as Yahoo, Facebook Inc, Microsoft Corp, Google Inc and others, and grab emails, video chats, pictures and more. US officials have said the program is narrowly focused on foreign targets, and technology companies say they turn over information only if required by court order.

Yahoo requested in court papers filed June 14 to have the information about the 2008 case unsealed. A Yahoo spokeswoman hailed Monday's decision and said the company believes it will help inform public discussion about the US government's surveillance programs.

The government hasn't taken a position on whether details of the case should be published as long as it's allowed to review the documents before publication in order to redact classified information, according to the court order.

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Boat policy not up to Indon: Opposition

Indonesia won't get a right of veto over the coalition's asylum seeker plan, says Scott Morrison. Source: AAP

INDONESIA'S foreign minister is not in a position to rule out the coalition's policy to turn back asylum seeker boats, the federal opposition insists.

Indonesia's Foreign Minister Marty Natalegawa said on Monday his country would not support the opposition's plan to reinstate the Howard era policy of turning boats back to Indonesia, where it was safe to do so.

He said such policy would constitute a "unilateral type of measure that we do not support".

But Opposition Leader Tony Abbott insists Australia is entitled to do what is in its national interest.

"We will maintain the best possible relations with our friends and neighbours - always have, always will," he told reporters in Launceston on Tuesday.

"But we have the right to act in our national interest."

Stopping the "evil trade" of people smuggling was in both Indonesia's and Australia's national interest.

Opposition immigration spokesman Scott Morrison says Dr Natalegawa is entitled to his opinion but it is up to Australia to decide on its internal policies.

"It's not for him to rule it in or rule it out because that's a domestic policy for Australia," he told reporters in Canberra.

"The coalition is not seeking the agreement of Indonesia."

He accused Prime Minister Kevin Rudd of suggesting Jakarta held veto power on Australia's border protection policies when he signed a communique with Indonesian President Susilo Bambang Yudhoyono earlier in July rejecting "unilateral" action.

Mr Rudd earlier said the opposition was only offering simplistic three word slogans on stopping the boats "which frankly is just a bit lazy because it doesn't actually produce the results".

Attorney-General Mark Dreyfus said Dr Natalegawa had made it clear that Indonesia rejected any unilateral action and his comments were "absolutely embarrassing" for the coalition.

"The way in which they (the coalition) have been disrespectful to the most important of our close neighbours, Indonesia, has been disgraceful," Mr Dreyfus told reporters on Tuesday.

He said the coalition hadn't been "open and frank" with the Australian people.

"They have been suggesting that they've had talks of some kind with the Indonesian government, but it's quite apparent that that hasn't occurred," he said.

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Falling $A casts doubt over more rate cuts

THE Reserve Bank has left the door open for another interest rate cut - unless the falling Australian dollar keeps doing its heavy lifting.

In the minutes of its July meeting released on Tuesday, the RBA said it decided to leave the cash rate on hold at the record low of 2.75 per cent as it assessed the effects of earlier interest rate cuts as well as the falling, but still high, Australian dollar.

"The effects of lower interest rates were apparent across a range of indicators and, given the lags involved in the transmission of monetary policy, this process had further to run," the RBA said.

The RBA said there was a chance the economy could get a further boost from the falling Aussie.

"Members noted that it was possible that the exchange rate would depreciate further over time as the terms of trade and mining investment declined, which would help to foster a rebalancing of growth in the economy," it said.

The RBA said the inflation outlook, although slightly higher because of the falling Australian dollar, could provide scope for a further rate cut if required to support spending.

It said recent data confirmed that the economy was growing at a below trend pace, with non-mining sectors failing to pick up ahead of an expected decline in resource sector investment as the mining boom slows down.

RBC fixed income and currency strategist Michael Turner said the RBA sounded less dovish than expected.

He said the weakness of data released since the July 2 meeting meant that a benign inflation reading when consumer price index (CPI) figures are released on July 24 would clear the decks for another cut in August.

"There has been plenty of water to flow under the bridge since the July meeting, including a 5.7 per cent unemployment rate, falls in job ads, and a weak NAB business survey domestically and slightly weaker China data offshore," Mr Turner said.

"Yet even with these caveats in mind, the tone of the July minutes was a little less suggestive of near-term easing than we had expected.

"There was no mention of a 'finely balanced' decision. And there was little sign of long deliberation contrary to governor Glenn Stevens' now infamous remarks in a speech the day after the July meeting.

"Instead, the board pointed to the fall in the exchange rate and the 'substantial degree of monetary stimulus already in place' as reasons to stand pat."

CommSec economist Savanth Sebastian said that while an August rate cut was still expected in order to support weak business conditions, the minutes diminished the prospect of multiple reductions.

"I think the Reserve Bank believes the Australian dollar will do a lot of its heavy lifting in terms of rebalancing the economy and that means that they may not need to cut as deeply over the next few months as previously thought," Mr Sebastian said.

"It really does come down to inflation now."

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US boy trapped under dune still critical

A US boy trapped for hours under a sand dune is recovering well, but remains in critical condition. Source: AAP

A SIX-YEAR-OLD US boy who spent more than three hours buried under 3.3 metres of sand after being swallowed by a massive dune is recovering well, but remains in critical condition.

He was identified on Sunday as Nathan Woessner, from Sterling, Illinois, by Michigan City's The News Dispatch.

Michigan City police chief Mark Swistek said the boy's parents told him the outlook for the child is very good.

"They are very upbeat and hopeful," Swistek told The News-Dispatch.

The boy's family reported he was playing on the dune on Friday when he dropped partially into it, Indiana Dunes National Lakeshore Ranger Bruce Rowe said. While they were trying to dig him out, the dune collapsed.

Michigan City Fire Chief Ronnie Martin told WSBT-TV that firefighters located the boy in an air pocket that enabled him to survive for so long underground.

Michigan City Fire Department spokesman Mark Baker told the Michigan City newspaper he learned the child didn't have life-threatening injuries or a brain injury from any lack of oxygen he might have experienced.

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Juice withdrawn as senator complains

THE Berri fruit juice company has withdrawn an imported product from sale amid criticism from independent Senator Nick Xenophon.

Berri Ltd on Monday said its Berri Truly juice, produced in Mexico, had been withdrawn because it had not met its performance benchmarks.

The company's action came on the same day Senator Xenophon launched an attack on the company for misleading customers.

He said the fact the juice was a product of Mexico was only in small print on the pack which also included the Berri logo and the words "since 1943".

South Australian Liberal MP Tim Whetstone also criticised the company for deceiving consumers and misrepresenting Australian growers.

"The whole product comes from Mexico with not one molecule of Australian content," Mr Whetstone said.

The two MPs said they planned to file complaints with the Australian Competition and Consumer Commission and SA Consumer Affairs arguing that the packaging would lead consumers to assume that the product contained Australian juice.

Berri said Berri Truly was the only one of its products not produced in Australia.

It said the juice complied with country of origin labelling laws and Australian food standards and was regularly monitored and tested for quality.

"We do not apologise for investing in innovation to grow the juice category in Australia," the company said in a statement.

"In the case of Berri Truly, the product required technology not available in Australia."

Senator Xenophon said the product should not have been sold in Australia in the first place.

"People assume Berri uses fruit that's grown in Berri or in South Australia at the very least, not in Mexico," he said.

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Asiana may sue over erroneous TV report

ASIANA Airlines says it is is considering legal action over a report on a San Francisco television station that used bogus and racially offensive names for four pilots on its plane that crashed earlier this month.

An anchor for KTVU-TV read the names on the air on Friday and then apologised after a break.

The report was accompanied by a graphic with the phoney names listed alongside a photo of the burned out plane. Video of the report has spread widely across the internet since it was broadcast.

The National Transportation Safety Board (NTSB) has also apologised, saying a summer intern erroneously confirmed the names of the flight crew.

An Asiana statement on Sunday said it's mulling legal measures against both KTVU-TV and the NTSB because the report "badly damaged" the reputation of the airline and its pilots.

It didn't say what legal measures it was considering.

Neither the station nor the NTSB commented on where the names originated.

The four pilots, who underwent questioning by a US and South Korean joint investigation team while in the US, returned to South Korea on Saturday.

South Korean officials plan to conduct separate interviews with them, South Korea's Ministry of Land, Infrastructure and Transport said on Sunday.

Asiana Airlines Flight 214 crashed at San Francisco International Airport on July 6, killing three and injuring dozens.

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Turnbull says many prefer him to Abbott

Malcolm Turnbull (pic) rules out leadership challenge after polls show he's preferred party leader. Source: AAP

MALCOLM Turnbull says he knows many people would prefer he lead the Liberal Party rather than Tony Abbott, but that they should vote for the party anyway.

He ruled out having a tilt at the leadership, despite polls showing he was far more popular than the current opposition leader as the federal Labor government under Kevin Rudd closes the gap between the parties.

"There are a lot of people out there who would rather I was leading the Liberal Party; it is ridiculous to deny that that's not happening," he told the Nine Network's Financial Review Sunday.

"If they think I am a person of capability and quality and so forth, they should be comforted by the fact that I am part of that team in a senior leadership position.

"So if you are a Malcolm Turnbull fan rather than a Tony Abbott fan, you may prefer Malcolm ... I was in the top job rather than Tony: I will be up the top table."

If Mr Abbott were to be elected, it would not be as a president or dictator but first among equals in a traditional conventional cabinet government, he said.

He said there would not be a leadership change in the Liberals before the federal election this year.

Mr Turnbull led the Liberals and was Opposition Leader for more than 14 months before losing a leadership ballot to Mr Abbott by one vote in December 2009.

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Labor will stick to surplus plan: Bowen

Treasurer Chris Bowen says Labor will move to a floating carbon price earlier than planned. Source: AAP

LABOR will stick to its plan to return to surplus despite moving to a floating carbon price a year earlier than planned, Treasurer Chris Bowen says.

Mr Bowen said the plan would ease cost of living pressures for families and support the non-mining sector.

The Australian Greens say the move means Prime Minister Kevin Rudd is a fake on climate change while Opposition Leader Tony Abbott called it more fake change from the prime minister.

The move would see the current fixed $24.15 per tonne carbon tax dumped in favour of a floating price which could be between $6 and $10 per tonne.

Australia had previously planned to move from a carbon tax to an emissions trading scheme by July 2015.

Mr Bowen says Labor was moving to the floating price earlier to support the non-mining sector of the economy and families concerned about cost of living pressures.

"There is a substantial impact on the budget of doing this, of course there is, and it is several billion dollars, but we will be financing that in a fiscally responsible way," the Treasurer told Ten's Meet the Press on Sunday.

But he insists the budget will remain on track for a surplus with yet to be announced spending cuts to accompany the change because the government will be losing planned revenue.

"It means ensuring that our strategy of returning to surplus over the economic cycle - balance in 2015/16 - is adhered to, so it is a challenge."

The Treasurer said there would be no change to the household assistance plan, and any decisions on spending cuts will be made with families' cost of living concerns in mind.

"I think families will see a big benefit in what we are bringing forward," he said.

He didn't say how much families would save but said he'd seen figures speculating how much families might save on bills and they were "broadly right".

Mr Abbott said the shift would represent "more fake change from Kevin Rudd".

"If it's bad at $23 a tonne, it's bad at $10 a tonne, it's a bad tax, you've just got to get rid of it," Mr Abbott told reporters in Sydney on Sunday.

Senator Milne says Mr Rudd is a "fake" on climate.

"It is cowardly," she told ABC's Insiders program.

"If you believed that climate change was the greatest moral challenge or our time, and it is, we are living in a climate emergency, you would now not be moving to have the big polluters pay less.

"That is what Kevin Rudd is doing. It is all about politics and not policy."

John Connor, chief executive of The Climate Institute, says emissions trading puts not just a price, but also a limit, on carbon pollution.

"Any decision to bring it forward a year should come with a statement of increased ambition, strengthened domestic policy and a continued integral role for the independent Climate Change Authority," he said.

Labor frontbencher Tanya Plibersek said Tony Abbott couldn't have it both ways on carbon pricing.

"He's been complaining about carbon pricing, he's been urging a move to a floating price or an abandonment altogether," she told reporters in Sydney.

"He can't say 'why is the Australian price so much higher than Europe?', and then we move towards a floating price that brings us in line with Europe and the rest of the world, and criticise that as well."

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Track fault blamed in French derailment

France's state rail says Friday's deadly train derailment was due to a fault in the track. Source: AAP

A TRAIN derailment near Paris that killed six people was caused by a fault in the tracks, France's state rail company says.

The SNCF said Friday's derailment, which also left dozens injured, was caused by a connecting bar that came loose at a rail switch at the station at Bretigny-sur-Orge, about 25 kilometres south of Paris.

The joint bar "broke away, it became detached and came out of its housing", said Pierre Izard, general manager for infrastructure, on Saturday.

It "lodged itself at the centre of the switch, prevented the normal progression of the train's wheels and seems to have caused the train's derailment."

The company said the switch was checked on July 4 and it was immediately ordering checks of 5000 similar joints on its network.

"We have decided to check equipment of this nature on the entire network and are starting now," SNCF chief Guillaume Pepy said.

Transport Minister Frederic Cuvillier said human error was not to blame for the accident, praising the train's driver who he said "had absolutely extraordinary reflexes by sending the alert immediately", preventing a collision with an oncoming train.

But he said France's regional rail lines were out of date.

"We cannot be satisfied with rolling stock that is 30 years old," Cuvillier said, adding: "The situation is severe, with the deterioration in recent years of traditional lines because of a lack of resources."

A railway passenger association also denounced what it called "rust-bucket trains" and the practice of coupling different types of trains together, demanding proper inspections.

President Francois Hollande was likely to face tough questions about the accident on Sunday, when he is expected to be interviewed by leading French television channels to mark the Bastille Day holiday.

A minute of silence was held at noon on Saturday on all French trains and in all stations for the victims of the accident, which took place as many were leaving for summer holidays.

The local prefect's office said the dead were four men and two women, aged between 19 and 82.

A source close to the investigation told AFP the dead included a couple in their 80s from Bretigny, three men aged 19, 23, and 60, and a young woman whose exact age was not immediately clear. Formal identifications of the bodies were underway, the source said.

In what officials described as a "catastrophe", the train came off the tracks and crashed into the station platform at 5.14 pm local time on Friday, as it travelled at 137km/h on its way from Paris to the central western city of Limoges.

Four carriages of the train jumped the tracks, of which three overturned.

One carriage smashed across a platform and came to rest on a parallel track; another lay half-way across the platform. There were 385 passengers on the train.

The local prefect said the death toll of six was final after the first of the four damaged carriages was removed from the tracks.

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