Tuesday 15 October 2019

"The right to peaceful protest is a cornerstone of our democracy and must not be thrown away for political expediency."


The Daily Examiner, letter to the editor, 9 October 2019, p.13:


Amend or reject
PEOPLE will face more time in jail for peaceful protest than for grievous bodily harm if the government’s Right to Farm Bill becomes law.
The bill provides for three-year prison terms for protesters while the penalty for permanently or seriously disfiguring another person is a maximum of two years. Is this really the sort of society the Coalition government wants us to become?
Under this proposal people as diverse as Wallaby great David Pocock and the knitting nannas could go to jail for making their point peacefully and democratically.
The government claims these dangerous laws are needed to protect farmers from trespassers, but the law already has those safeguards. The irony is that farmers may have the most to lose.
Farmers have led campaigns to save the Pilliga and the Bentley region from coal seam gas and the Hunter, Bylong Valley, Gloucester Valley and the Liverpool Plains from coal.
The right to peaceful protest is a cornerstone of our democracy and must not be thrown away for political expediency.
History tells us that when governments erode the civil liberties of any group, they erode them for us all. This bill must be amended or rejected.
Chris Gambian, Chief Executive, NSW Nature Conservation Council
BACKGROUND
Parliament of New South Wales, Legislative Review Committee, Review Digest, 24 September 2019:
"The Bill significantly increases the maximum penalty for the offence of aggravated unlawful entry on inclosed lands from $5,500 to $13,200 and/or imprisonment for 12 months. The potential penalties rise to $22,000 or three years imprisonment if the offender is accompanied by two or more persons or if s/he does anything to put the safety of any person at serious risk. Large increases in penalties can result in excessive punishment where the penalty is not proportionate to the offence. However, the Committee acknowledges that the penalty increase is designed to better reflect the severity of the offences as well as the impact such offences have on farmers and primary production activities. It is also to account for the risks caused by trespassing on agricultural land and interfering with agricultural equipment and infrastructure.....
The Bill introduces a new offence that applies to those who incite or direct trespass without committing trespass themselves, which could attract a maximum penalty of 12 months imprisonment. The Committee notes that the creation of new offences impacts upon the rights and liberties of persons as previously lawful conduct becomes unlawful. " 

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