Activists who invade businesses will face 21 years in jail under new anti-protest legislation
Proposed legislation will see activists who invade farms, forestry operations or other businesses face more than two decades behind bars.
Politics
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ACTIVISTS who invade farms, forestry operations or other businesses will face the same maximum jail terms as murderers under what the Hodgman Government is hailing as the nation’s toughest anti-protest legislation.
The Liberals today unveiled a redraft of legislation that was declared invalid by the High Court in 2017.
The sweeping laws apply to impeding workers or business vehicles in public places, including streets, footpaths, land and waterways and could be used against protests against forestry, aquaculture, climate change, animal cruelty, the Mt Wellington cable car — or the proposed Westbury prison.
The new laws were unveiled with the support of the state’s business leaders — but prompted outcry from the Greens and environment and civil liberties organisations.
Breaches would attract fines of $10,000 and jail terms of up to 18 months for a first offence, four years in prison for a second and up to 21 years in the most serious cases.
By contrast, Russia and China’s anti-protest laws both carry a maximum penalty of five years.
TAXPAYERS LUMPED WITH $355,000 BILL FOR FAILED ANTI-PROTEST LAWS
Premier Will Hodgman said Tasmanian businesses must be protected.
“Our economy is strong, we need to make sure we support it, and protect it, businesses should not be subject to disruption,” he said.
Primary Industries and Water Minister Guy Barnett said the laws were designed to dissuade hardcore protesters.
“They are very tough. Let’s make it very clear in terms of impediment and trespassing with an intent to impede, the first offence is 18 months and the second, the second offence is four years, with a $10,000 fine.
“And that will be decided obviously in a court of law. Secondly, in terms of intrusion there could be absolutely be up to 21 years jail, depending on the circumstances.”
Neither Mr Hodgman nor Mr Barnett could nominate a recent protest which would have breached the laws, although the Forest Industry Association of Tasmania said ongoing protests in the Tarkine would have.
Tasmanian Chamber of Commerce and Industry CEO Michael Bailey said the legislation was overdue.
“The TCCI supports absolutely the right of people to protest lawfully, but not to conduct economic terrorism,” Mr Bailey said.
Tasmanian Director of Civil Liberties Australia, Richard Griggs, said the laws were a “shocking and outrageous attack on democratic participation”.
He said the laws could apply to speech and other non-physical actions — which courts have found were capable of impeding business.
He said of 23 submissions made on the bill, 21 were against the proposal.
Long-time environmental campaigner Bob Brown said the laws would not deter protesters.
“The president of Brazil would be happy with it, Donald Trump would love it, Mr Putin would think this is fantastic legislation, but it has no place in Tasmania,” Dr Brown said.
“This legislation aims to seriously fine or jail peaceful protesters ‘trespassing’ in our own forests on our notions, on our own shorelines if some big business doesn’t like it.
“Its aim is to stop any meaningful protests by having people hopelessly waving placards from the sidelines.”