Wednesday, June 29, 2022
Google search engine
HomeEditors PickNSW passes new protest laws

NSW passes new protest laws

WE NEED FUNDS TO FIGHT MAINSTREAM MEDIA MISINFORMATION

We are 100% independently owned, free from corporate ownership and control. Help support a free press by donating to us.

The NSW state government have passed new protest laws that some deem to be in conflict with Australia’s standing on human rights. Australia is a party to the seven-core international human rights treaties. In articles 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR)- external site and article 8(1)(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) the right to freedom of assembly and association is protected.

So has NSW breached these human rights with these new laws. Some will say yes, and some will say no, so what exactly do the laws entail.

  1. Changes have been made under the Roads Act 1993 and the Crimes Act 1900 to clarify and strengthen protections against what the government deems illegal activity that would disrupt any roads, bridges, tunnels, public buildings and other critical infrastructure.

The full amendment can be seen at the bottom of this article.

The penalty for breaching the act is a maximum penalty of $22,000- or 2-years imprisonment.

The laws have been passed due to the protest activities of the climate change group ‘Extinction Rebellion’ who are known to blockade major arterial roads, bridges and ports causing extreme traffic chaos with flow on economic effects to the NSW economy.

So, these laws should have no effect on a group of protestors meeting in a public park and protesting vaccine mandates for example, where that can change is if the group then decide to march along public roads and stop or interrupt traffic. Other examples of when this law could come into play is at protests at public buildings and transport hubs, if these protests interfere with the ability of people or workers to access these venues then arrests can be made, and charges laid.

So, the right for peaceful protests has not been removed completely but protestors will need to pay attention to the rules to ensure they do not end up on the wrong side of the law.

One example of where these laws could be used incorrectly could be at protests out the front of state parliament or the governor general’s home. Protestors will need to ensure they do not disrupt access to these buildings for workers and the public, but what will the Police constitute as a disruption to these facilities, will the act of just protesting out the front of the building result in Police stepping in under these laws. Time will tell but the public have the right to be concerned about them.

The Amendments

Schedule 1 Amendment of Roads Act 1993 No 33 Schedule 1 makes it an offence with a maximum penalty of $22,000- or 2-years imprisonment, or both, if a person enters, remains on, climbs, jumps from or otherwise trespasses on a major road prescribed by the regulations if the conduct— (a) causes damage to the road, or (b) seriously disrupts or obstructs vehicles or pedestrians attempting to use the road.

Schedule 2 Amendment of Crimes Act 1900 No 40 Schedule 2 creates a new offence of damaging or disrupting a major facility with a maximum penalty of $22,000- or 2-years imprisonment, or both. A person commits the offence if the person enters, remains on or near, climbs, jumps from or otherwise trespasses on or blocks entry to any part of a major facility if that conduct— (a) causes damage to the major facility, or (b) seriously disrupts or obstructs persons attempting to use the major facility, or (c) causes the major facility, or part of the major facility, to be closed, or (d) causes persons attempting to use the major facility to be redirected. A major facility means the following— (a) the ports of Botany Bay, Newcastle and Port Kembla, (b) a railway station, public transport facility, port or infrastructure facility prescribed by the regulations.

If you go to Part 4AF Major facilities of the Crime Act 1900 you will find additional information on what is considered a major facility for the purpose of Schedule 2 of the amendment. See Below:

(7)  In this section—

major facility means the following, whether publicly or privately owned—

(a)  a railway station or other public transport facility prescribed by the regulations,

(b)  a private port within the meaning of the Ports and Maritime Administration Act 1995, or another port prescribed by the regulations,

(c)  an infrastructure facility, including a facility providing water, sewerage, energy, manufacturing, distribution or other services to the public, prescribed by the regulations.

RESOURCES:

NSW Press Release: Protecting communities from illegal protestors

NSW Roads and Crimes Legislation Amendment Bill 2022

NSW Crimes Act 1900 No 40

NSW Roads Act 1993 No 33

RELATED ARTICLES

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisment -
Google search engine

Most Popular

Recent Comments

Ivan M. Paton on Approval Of Remdesivir
Beth on Free and Fair?
Novus Ordo Seclorum on Victorian Change to Mandates
Novus Ordo Seclorum on Health care in crisis
Novus Ordo Seclorum on Health care in crisis
Burnthehousedown on Postal vote outrage
Shanthini Balasuriyar on Queensland CHO – a law unto himself
Billie Hutton on Convoy to Canberra Two
Lynn a freedom warrior on Convoy to Canberra Two
Elizabeth on Ruble on the rise
Yvonne Ford on Pfizer drug recall
Gene Trevor Wyngaard on NZ Scrap vaccine mandates
Frances Mahy on Russia Sanctions The U.S.A
Peter Coxhead on My Story, So Far
Theodora Zajaz on Novak Out Of U.S. Open.
Leonie Young on Probuild Buy-Out
Shelley Madden on Pfizer, Stranger than Fiction
Debra Mullins on AVN vs Brendan Murphy
Malcolm on The End Game
Sabina on What’s Next?
Drew Duncan on Belarus Under Threat
Robyn on What’s Next?
Sofia Rutteman on Here We Go Again, Part 2
Robert Burns on Ricardo Bosi Public Address
Kim Henry on Pfizer Whistleblower
Lee Y on Give Me Five
Linda Nemeth on Ricardo Bosi Public Address
Warwick Hibble on Ricardo Bosi Public Address
Lesley on The Data Is Ours
Patricia Poppeliers on Here We Go Again, Part 2
Dani Stevens on Trouble in Paradise
Colin Stevens on VICTORY FOR THE PEOPLE
Leanne Robyn on VICTORY FOR THE PEOPLE
Dianedraytonbuckland on Facebook: Judge, Jury and Executioner
Michael Chere on Before You Inject Your Child
Kerry Taylor on Which one of us is blind?
Kathy Hirsch on First Nations Locked Down
Gloria Feather on Undermining The Indigenous.
Marie Millikin on Let us talk about intuition.
Lucienne Helm on Let us talk about intuition.
Susan Wilson on The real revolution
Jennifer Leonard on 2020 a year to forget
F J on Strange Times
Tracey Parsons on IBAC DAY 9
stacie rose on Which one of us is blind?
Uncertainty on My Story, So Far
Tracey on A Veteran’s Plea
Zaidee Lens Van Rijn on My Story, So Far
Alissandra Moon on The Rise of Medical Apartheid
Peggy Gothe on Mum, I don’t feel well
Keith Cashman on Mum, I don’t feel well
Melinda c Taylor on Mum, I don’t feel well
Vaughan Oke on Which one of us is blind?
Jane Ramsay on Choice vs Ultimatum
Brian K Wilson on Which one of us is blind?
Scott Dawson on Which one of us is blind?
Sandra Dee on ST KILDA STREET PICNIC