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SA anti-protest laws: unnecessary and penalties too harsh
31st May 2023
Anti-protest laws that passed the South Australian Legislative Council this week are a disappointing and unnecessary attack on the rights to freedom of speech and freedom of assembly, says the Australian Lawyers Alliance (ALA).
“The Bill passed by the Legislative Council is undemocratic and there was no proper consultation on its development,” said Tim Downie, SA state president, Australian Lawyers Alliance. “The legislation is too limited in its consideration of civil and political rights and the penalties are too harsh.
“The crossbench’s efforts to make amendments were critical but we are shocked that there was no proper consultation conducted before this Bill was passed.”
The provisions arising from the legislation will make the offence of obstructing a public place – directly or even indirectly – easier to establish. Further, those found guilty of that offence will face fines of up to $50,000 (increased from $750) or three-months in jail.
“The new law completely ignores the legitimate role of protest in civil society as a means of improving it. The effect of the legislation will be the chilling of political discourse in the wider community,” said Tim.
“A democracy relies on people getting involved, speaking up and engaging in robust debate. This helps to hold our governments and businesses to account. Unfortunately, this legislation is likely to scare people away from expressing their views and protesting at all.
“We already have sufficient laws in place and we do not need more restrictive legislation designed to restrict the freedom of individuals to express their views.”
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