Draconian: South Australia just topped NSW, Tas, Victoria, Queensland with new laws penalising peaceful protesters

Michael West Media, by Wendy Bacon | Jun 3, 2023

A bill introducing harsh penalties and extending the scope of a law applying to those who obstruct public places has been passed after an all-night sitting by the South Australian Legislative Council this week. Veteran investigative journalist (herself twice imprisoned for free speech) Wendy Bacon reports.

South Australia now joins New South Wales, Tasmania, Victoria and Queensland, states which have already passed anti-protest laws imposing severe penalties on people who engage in peaceful civil disobedience. South Australia’s new law carries the harshest financial penalties in Australia.

Thirteen Upper House Labor and Liberal MPs voted for the Bill, opposed by two Greens MPs and two SABest MPs. The government faced down the cross bench moves to hold an inquiry into the bill, to review it in a year or add a defence of ‘reasonableness’.

The Summary Offences (Obstruction of Public Places) Amendment Bill 2023 was introduced into the House Assembly by Premier Peter Malinauskas the day after Extinction Rebellion protests were staged around the Australian Petroleum and Exploration Association (APPEA) annual conference on May 17. The most dramatic of these protests was staged by 69 year old Meme Thorne who abseiled off a city bridge causing delays and traffic to be diverted.

Meanwhile the gas lobby APPEA which is financed by foreign fossil fuel companies has stopped publishing its (public) financial statements. Questions put for this story were ignored but we will append a response should one be available…………………………………………………………

The new law introduces maximum penalties of $50,000 (66 times the previous maximum fine) or a prison sentence of three months. The maximum fine was previously $750, and there was no prison penalty. If emergency services (police, fire, ambulance) are called to a protest, those convicted can also be required to pay emergency service costs. The scope of the law has also been widened to include ‘indirect’ obstruction of a public place.

This means that if you stage a protest and the police use 20 emergency vehicles to divert traffic, you could be found guilty under the new section and be liable for the costs. Even people handing out pamphlets about vaping harm in front of a shop, or workers gathering on a footpath to demand better pay, could fall foul of the laws. An SABest amendment to the original bill removing the word ‘reckless’ restricts its scope to intentional acts.

Peter Malinauskus told Radio Fiveaa yesterday that the new laws aimed to deter “extremists” who protested “with impunity” by crowd sourcing funds to pay their fines.

In speaking about the laws, Malinaukas, Maher and their right wing media supporters have made constant references emergency services, and ambulances. But no evidence has emerged that ambulances were delayed. The author contacted SA Ambulances to ask if any ambulances were held up on May 17, and if they were delayed, whether Thorne was told. SA Ambulance Services acknowledged the question but have not yet answered.

The old ambulance excuse

Significantly, the SA Ambulance Employees Union has complained about the “alarming breadth” of the laws and reminded the Malinauskas government that in the lead-up to last year’s state election, Labor joined Greens, SABest and others in protests about ambulance ramping, which caused significant traffic delays.

The constant references to emergencies are reminiscent of similar references in NSW. When protesters Violet Coco and firefighter Alan Glover were arrested on the Sydney Harbour Bridge last year, police included a reference to an ambulance in a statement of facts.

The ambulance did not exist and the false statement was withdrawn but this did not stop then Labor Opposition leader, now NSW Premier Chris Minns repeating the allegation when continuing to support harsh penalties even after a judge had released Coco from prison. It later emerged that the protesters had agreed to move if it was necessary to make way for an ambulance.

…………………………………………………………. Early this year, UN Secretary-General Antonio Gutierrez declared, “2023 is a year of reckoning. It must be a year of game-changing climate action. We need disruption to end the destruction. No more baby steps. No more excuses. No more greenwashing. No more bottomless greed of the fossil fuel industry and its enablers.”

Meanwhile climate disasters mount

Since he made that statement, climate scientists have reported that Antarctic ice is melting faster than anticipated. This week, there has been record-beating heat in eastern Canada and the United States, Botswana in Africa, South East China and New Zealand. Right now, unprecedented out-of-control wildfires are ravaging Canada.

An international force of 1200 firefighters including Australians have joined the Canadian military battling to bring fires under control. Extreme rain and floods displaced millions in Pakistan and thousands in Australia in 2022. Recently, extreme rain caused rivers to break their banks in Italy, causing landslides and turning streets into rivers. Homelessness drags on for years as affected communities struggle to recover long after the media moves on.

Is it any wonder that some people don’t continue as if it is ‘business as usual’. Protesters in London invaded Shell’s annual conference last week and in Paris, climate activists were tear gassed at Total Energies AGM. In The Netherlands last weekend, 1500 protesters who blocked a motorway to call attention to the climate emergency were water-cannoned and arrested.

On Thursday 30, Rising Tide protesters pleaded guilty to entering enclosed lands and attempting to block a coal train in Newcastle earlier this year. They received fines of between $450 and $750, most of which will be covered by crowdfunding. Three of them were Knitting Nannas, a group of older women who stage frequent protests.

This week the Knitting Nannas and others formed a human chain around NAB headquarters in Sydney. They called for NAB to stop funding fossil fuel projects, including the Whitehaven coal mine.

Knitting Nannas, Rising Tide

Two Knitting Nannas have mounted a legal challenge in the NSW Supreme Court seeking a declaration that the NSW anti-protest laws are invalid because they violate the implied right to freedom of communication in the Australian constitution. A similar action is already been considered in South Australia.

In this context, fossil fuel industry get togethers may no longer be seen as a PR and networking opportunity for government and companies. Australian protesters will not be impressed by Federal and State Labor politicians reassurances that they have a right to protest, providing that they meekly follow established legal procedures that empower police and councils to give or refuse permission for assemblies at prearranged places and times and do not inconvenience anyone else.

https://michaelwest.com.au/draconian-south-australia-just-topped-nsw-tas-victoria-queensland-with-new-laws-penalising-peaceful-protesters/
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