Controversial new laws give police powers to disperse protests and arrest people for breaching a move-on order
Controversial new laws giving police unprecedented powers to disperse protests have passed Victoria’s lower house.
The summary offences and sentencing amendment bill passed by one vote on Thursday afternoon, and will now go to the upper house, the Legislative Council, for approval.
The laws will allow police to issue move-on directions, in which a person or group is ordered to leave a particular area or cease an action, on a range of new grounds.
“Impeding lawful access to premises”, “causing others to have a reasonable fear of violence”, and “engaging in behaviour likely to cause damage to property” can all result in a move-on direction under the changes.
The amendments also beef up the penalty for breaching a move-on order, currently a fine totalling $500, to potential arrest.
A spokesman for Victoria’s Coalition government said in a statement the laws were designed to “end unlawful union pickets and protester blockades that threaten to shut down businesses”.
Work on East-West Link, a major road project, was briefly halted in September last year when protesters blockaded the site and clashed with police.
“Every Victorian has the right to protest and express their views. However, when individuals resort to unlawful tactics that threaten the livelihood of law-abiding businesses, employees and their families, they must be held to account,” the Victorian attorney general, Robert Clark, said.
But critics in the legal fraternity said the laws threaten the fundamental democratic right to protest.
“If people believe they’re engaged in non-violent protest, they won’t be able to hold their ground against police,” Fitzroy Legal Service solicitor Meghan Fitzgerald said. “As soon as the move-on direction is issued, on a reasonable suspicion that your conduct, including future conduct, is likely to cause a breach of the peace, then people can be arrested.”
Powers currently available to the police allow protesters to be excluded from a public area for around 24 hours, Fitzgerald said. “Under these amendments, if people return to the protest site, the police can apply for an exclusion order that lasts up to a year,” she said......
www.theguardian.com/world/2014/feb/20/victorian-anti-protest-laws-pass-lower-house