State Government drafts new bill upping the maximum penalty for illegally crossing the SA border to two years’ jail
The hard border closure with Victoria and entry restrictions for NSW and ACT travellers will remain in place, SA’s Transition Committee has ruled. It comes as new laws go before parliament that would increase the maximum penalty for illegally border crossers to two years’ jail.
Coronavirus News
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- Breach 1: Train stowaways flown back
- Breach 2: Vic border-busters caught at hotel
- Breach 3: Two Victorians ’hid between trucks’
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No changes to border closure
The Transition Committee has decided to make no changes to the hard border closure with Victoria or the 14-day self isolation requirement for travellers from NSW and The ACT.
Noting SA is the only jurisdiction with no active COVID cases, Premier Steven Marshall said due to more cases interstate he was “in no position” to ease the entry restrictions.
On Tuesday, Victoria recorded 374 new cases of coronavirus and three more deaths on the eve of mandatory mask wearing in the state.
South Australia again recorded no new COVID cases on Tuesday, and remains the only state without any active cases.
Mr Marshall said: “We’ve been concerned about complacency but the good news is testing is up in South Australia and people are doing the right thing.”
Response to Monday’s AFL crowd
Chief Public Health officer Professor Nicola Spurrier released a statement on the football saying: “We have had discussions with Adelaide Oval Stadium Management Authority (SMA) this morning to provide feedback on a couple of areas which we have recommended be improved ahead of this weekend’s game, including addressing bottlenecks, alternative crowd seating patterns and further hygiene measures for security guards.
“In general, crowd behaviour in the stands was good but everyone present must remember to keep 1.5 metres away from others at all times, especially when queuing for entry, food, or at the bathrooms.
“We will continue to work with the SMA to ensure any further games or events at Adelaide Oval are as safe as possible for South Australians.”
It comes as SA Health registers record numbers of daily tests, hitting 190,000 overall and more than 9 per cent of the population tested.
Friday was the highest number of tests in a single day with 2673, after 2544 on Tuesday and 2499 on Wednesday.
Penalties for border breach
Crossing the SA border in breach of COVID-19 restrictions will result in up to two years’ imprisonment under new laws going before parliament on Tuesday.
But both the Attorney-General and Police Commissioner say the harsh penalty would not have applied to the seven people who have committed the offence so far.
The Advertiser can reveal that the State Government on Monday drafted a new bill upping the maximum penalty from a $20,000 fine to two years’ jail. The move came after the opposition called for two-year terms, and Commissioner Grant Stevens said he would support the move.
Today, two more Victorians appeared in court after they were caught allegedly crossing the SA border by hiding between two trucks, in the third such breach. The magistrate refused them bail until it’s guaranteed they won’t cause a “COVID-19 disaster” in SA.
Three people were on Monday fined a combined $10,200 for breaking the rules – and driven back to Victoria under police guard.
The trio were sent away in a mini-van and will now have to make their own arrangements to get their vehicle back. On Monday, Attorney-General Vickie Chapman said Mr Stevens confirmed a prison penalty “may assist” with community safety.
“Our discussions have confirmed that will be a penalty of up to two years, not what was proposed by the Labor Party,” she said.
“Although there was some additional questions as to Constitutional validity, that draft Bill has been completed and will progress to parliament on Tuesday.”
Ms Chapman said Mr Stevens was clear about who the penalty should apply to.
“He does not see that penalty as being suitable for the cases that we have recently had,” she said.
“But he does feel the circumstances where it may be useful are where there is, in his words, a ‘flagrant disregard for the safety of others’.”
Opposition Leader Peter Malinauskas said Labor was ready to toughen up laws but the Government “must stop dragging the chain”.
He said Labor was prepared to push for a change to standing orders to ensure the laws were dealt with urgently.
“We must send a clear message about the seriousness of this crime and give the courts the power to jail COVID-19 law-breakers,” he said.
Previous border crossings
Last week, four Victorian men escaped with good behaviour bonds for sneaking into the state on a freight train – they were put up in the Pullman Hotel for a night before being flown home.On Monday, Elissa Griffiths, her brother Matthew and their friend, Thomas Forster, faced the Adelaide Magistrates Court and pleaded guilty to breaching pandemic restrictions. They appeared from the City Watch House’s COVID-19 suite, in masks and gloves, by video link.
The Griffiths, aged 32 and 36, and Forster, 35, left their homes on the NSW/Victorian border on Saturday and entered SA at Yamba in the Riverland.
Their counsel told the court Matthew Griffiths had fallen off his motorbike and injured his ankle, requiring treatment. However, due to “previous issues”, he was unable to attend Mildura Hospital and so had his sister and Forster take him across the border to the Riverland General Hospital.
He then felt “anxious” about attending that facility and directed Forster to drive him into the Adelaide CBD, where his sister “became extremely tired” and suggested “an overnight stay”.
Magistrate Rodney Oates said the trio’s story did nothing to excuse their actions.
“Given the current circumstances, there’s a need to protect the community in these times … there has been a blatant breach by these defendants under very dubious grounds,” he said. He fined Elissa Griffiths $3000, and the men $3600 each.