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Extinction Rebellion and other ‘extreme’ protesters face jail, huge fines, under tough new penalties

Protesters who disrupt or deliberately “cause mayhem” face huge new penalties, under proposed laws passed by parliament’s lower house today. VOTE IN OUR POLL

Extinction Rebellion protesters arrested outside Santos

Extreme protesters face hefty new fines and possible jail under a snap crackdown rushed into parliament with bipartisan support, hours after a chaotic city climate stunt.

In measures that will likely become law, protesters who “intentionally or recklessly obstruct the public place” face new punishments.

Premier Peter Malinauskas on Thursday tabled proposed Opposition laws to parliament allowing for a maximum three months jail and fines of up to $50,000 – from a current $750 – for protesters who spark community chaos and risk public safety.

The new rushed laws also allow prosecutors to seek court orders for any defendant to pay “reasonable costs and expenses” of emergency services required to respond.

But amid a mounting backlash, the Greens, and human rights campaigners, condemned the crackdown as undermining democracy and violating basic rights to protest.

The Advertiser was also told of a split at an “urgent” caucus meeting of Labor MPs on Thursday morning, during debate on the crackdown’s potential ramifications.

It is also understood some cabinet ministers wanted to water down the laws amid concerns the measures were draconian.

Deputy Premier Susan Close takes a seat behind Premier Peter Malinauskas instead of her usual spot beside him.
Deputy Premier Susan Close takes a seat behind Premier Peter Malinauskas instead of her usual spot beside him.

In an unusual move, Deputy Premier Susan Close sat behind the Premier as he made his parliament speech, rather than at her usual front bench seat alongside him.

Amid Labor speculation questioning her decision, Dr Close said in a statement on Thursday night: “I arrived late as I was on the phone when he started, and didn’t want to walk in front of him while he was speaking.

“I sat next to him as soon as he stopped speaking and was with him throughout the rest of the bill going through.”

Both he, and Opposition Leader David Speirs, joined universal condemnation of Extinction Rebellion for their decision to shut down the city, which prevented ambulances from getting to hospitals and motorists from travelling.

On Thursday, in their third consecutive day of extreme protesting, Extinction Rebellion activists vandalised the Santos building on Flinders St.

Just hours later, Mr Malinauskas told parliament the urgent new laws under the Summary Offences (Obstruction of Public Places) Amendment Bill 2023 - would crack down on disruptive stunts that was vandalism but not on peaceful and legal protests that was vital to any democracy.

The bill was rushed through the lower House of Assembly on Thursday afternoon with bipartisan support shortly after being tabled.

Extinction Rebellion protesters outside the Santos building on Thursday morning. Picture: Supplied
Extinction Rebellion protesters outside the Santos building on Thursday morning. Picture: Supplied

The Legislative Council will pass the laws during the next sitting week in a fortnight, meaning the crackdown will likely come into force next month after Executive Council ratifies the new legislation.

The Premier told parliament this was a “much stronger deterrent to those who may consider engaging in this type of conduct”.

“The government considers that protesters speaking up about issues is an integral part of our vibrant democracy and the government does not seek to prevent the members of the community from having their say,” he told MPs.

“However, the recent activities we have seen people being put at risk disrupt members of the community when they are trying to go about their daily lives, interrupts businesses unnecessarily tying up the resources of an emergency services personnel.

“This bill will ensure to be utilised when the actions taken goes too far and provides a strong deterrent to those who may be considering engaging in this type of future.”

He added: “This parliament has a fundamental responsibility to achieve the preservation at all costs of freedom of association and the capacity for people to be able to protest.

“But it also maintains the ability of other citizens to be able to go about their lives, other essential workers to be able to go about their service to our community without being compromised.

“This bill seeks to maintain an important balance, preservation of fundamental principles, but also allowing people to exercise their lives safely in a meaningful and purposeful way.”

Police with an Extinction Rebellion protester outside the Santos building on Thursday morning. Picture: Supplied
Police with an Extinction Rebellion protester outside the Santos building on Thursday morning. Picture: Supplied

Mr Speirs, a former Environment Minister who is well known for his views on green issues, had earlier called for prison terms and fines of up to $50,000 imposed for people who engage in protest behaviour that causes community chaos and risks to public safety.

The Opposition amendment, which the government tabled, would allow criminals who obstruct a public place to face the new maximum penalities.

“We were deeply concerned by the way that protesters hijacked the lives of many, many South Australians as they sought to go about their business,” Mr Speirs told parliament.

Extinction Rebellion protesters outside the Santos building on Thursday. Picture: Supplied
Extinction Rebellion protesters outside the Santos building on Thursday. Picture: Supplied

“Whether they were going to work, whether they were returning home from work, and if they were returning home from worrying at that time of day.

“We know that people lost money as a consequence of not being able to get through jobs that are paid hourly rates are not necessarily salaried.

“We know that people had to cancel appointments that they were going, they had waited for quite some time day surgery, in both public and private hospitals.

“That level of disruption is unacceptable on behalf of people protesting.

“The knock on effect, as the premier highlighted - a view shared certainly by me - is that it diminishes the value of the cause that those protesters are fighting for, in the eyes of the broader... community.”

It comes in the wake of actor Meme Thorne, 69, being released on bail after she hung suspended from the Morphett St bridge on Wednesday causing chaos to traffic during morning peak hour.

Mr Speirs, who has labelled the protesters as “greenie, leftie losers”, said extreme protesters need to “stop the madness before someone gets hurt”.

“What we saw yesterday from Extinction Rebellion was outrageous and unacceptable, and under our new laws those who willingly overstep the line with extreme disruption will pay the price up to 50,000 times over,” he said.

“We think our laws need work in this area to target those who are deliberately causing mayhem on our streets. The punishment has to fit the crime.”

But the Greens warned the “civil and political rights of South Australians could be eroded if new anti-protest laws flagged by the major parties are rushed through Parliament”.

“It’s chilling to hear the major parties talking about working together to curtail the right to protest in our democracy,” said Upper House MP Robert Simms.

Human Rights Watch spokeswoman, Sophie McNeill, said it was “deeply alarming” moves, which mirror similar interstate laws that “shoot the messenger”.

“These harsh penalties are excessive, disproportionate, and violate South Australians’ basic rights to peaceful protest,.” she said.

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Original URL: https://www.adelaidenow.com.au/news/south-australia/extinction-rebellion-and-other-extreme-protesters-may-face-jail-huge-funds-under-tough-new-penalties/news-story/18cac5549228f53373a726dcf28eae28