Anti-masking and Public Order laws passed
Public Service Announcement:
The Victoria Parliament has now passed the Crimes Legislation Amendment (Public Order) Act 2017 in to law after rejecting some very basic protections for people wearing face coverings for political expression, cultural or religious reasons , proposed by Greens MP and Justice spokesperson, Sue Pennicuik last month.
“Basically it is unnecessary and ill-defined, and it will capture people who should not be captured in terms of wearing legitimate face coverings in what is deemed a designated area by the police for what in many cases, probably in most cases, will be a political protest.”
- Sue Pennicuik August 10, 2017, Victorian Parliament.
MALS held a public forum and had some very clear concerns about this law when it was first introduced.
This new law essentially bans face coverings during protest events where OC (capsicum) spray is commonly deployed by police (often in inappropriate, excessive and potentially unlawful circumstances). This means journalists, photographers, street medics and legal observers, as well as protestors will not be able to protect themselves from the effects of direct spraying or by-spray. This is despite numerous recent incidents where journalists, medics and legal observers, (along with dozens of protesters posing no threat to police whatsoever), have been directly sprayed by ill-disciplined, under trained or over-zealous police. MALS has more statements about this coming.
The new law also provides no explicit protection for people wearing a mask for political expression or other purposes. A police member must only ‘reasonably’ believe that the person is wearing it to conceal their identity or protect themselves from effects of spray.
The new police anti-mask powers have been enacted just in time for this Sunday’s far-right ‘Looney Law & Order’ rally and the counter protest by Coalition Against Racism and Fascism (Sunday 17th September 2017)
Designated Area Notice:
The Chief Commissioner of Police has today declared the Melbourne CBD and large parts of Fitzroy/Carlton surrounding the Exhibition Buildings to be a ‘Designated Area’ under the Control of Weapons Act 1990. This is a usual occurrence now in Victoria whenever there is a far-right/neo-nazi rally and a counter-protest. What this does is provide police with a set of time-limited additional powers to search people without cause or warrant. The police now have these additional powers to request people remove face coverings and direct people to leave the area if they don’t.
This declaration will operate on: Sunday 17 September 2017 from 8.00 am to 8.00 pm
Search Powers:
During these times members of the police force are authorised to exercise the following powers:
(a) in a public place in the designated area, without warrant, stop and search for weapons:
- (i) any person;
- (ii) anything in the possession or control of the person;
- (iii) any vehicle with a person in or on the vehicle; and
- (iv) anything in or on such vehicle;
(b) detain a person or vehicle for so long as is reasonably necessary to conduct a search;
(c) seize and detain any item the member reasonably suspects is a weapon; and
(d) request a person who is the subject of a full search to disclose his or her identity, and
NEW Anti-masking powers:
(e) direct a person to leave the designated area if the police officer reasonably believes the person is wearing the face covering primarily to
- (i) conceal their identity; or
- (ii) to protect them from the effects of a crowd control substance; and the person refuses to remove the face covering when requested to do so.
(f) direct the person to leave the designated area if the police officer reasonably believes the person intends to engage in conduct that would constitute an affray (section 195H Crimes Act 1958) or violent disorder (section 195I Crimes Act 1958).
So what to do?
These new anti-masking powers and public order offenses have not yet been applied nor have been tested in court so information beyond this is limited.
MALS recommends a business-as-usual approach in asserting and protecting our civil and political rights at any protest event. Stand up and get out on the streets. Never let any law deter or restrict your political space.
There is strength in numbers. The more people out the less power the police have. Stay calm and assertive when dealing with police. Stay by people who have been arrested, charged or are being questioned/searched by police.
Record and take notes about any use of these powers by any police. Gather and keep any evidence, witness details and any records so you can make a formal complaint afterwards.
See your local Community Legal Centre for legal help afterwards, or call Stary Norton Halphen Lawyers http://www.starylaw.com/ if you are charged.
If you have an excessive force complaint against police see the Police Complaints Clinic run by Flemington Kensington Community Legal Centre.
Remember your legal solidarity protocols. The action is not over until everyone is out of custody. The campaign is not over until everyone is finished with court.
More information here:
A useful guide to Police search powers is https://www.legalaid.vic.gov.au/find-legal-answers/police-powers-and-your-rights/getting-searched
