Image at right: Sydney Harbour Bridge: a favourite target of protests and demonstrations since it was built.
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Background information
The information below is predominantly taken from an article titled 'The Protest Laws Across Australia You Should Know Before You Show Up' which was published by Zee Feed on August 24, 2022. The full text can be accessed HERE
Protest laws in Australia
Victoria
Although peaceful protesting is a right in Victoria, protesters can be charged with obstruction, trespass, unlawful assembly, offensive behaviour, besetting, assault, resisting or hindering police, riot, or affray. Property-related offences include property damage as well as burglary.
New laws have recently been introduced specific to protests at Victorian logging sites. In August 2022, the Victorian government amended the Sustainable Forests (Timber) Act 2004, introducing penalties of up to $21,000 and twelve-month's jail for those who trespass on logging sites.
Police officers are now also authorised to search containers, bags and vehicles as well as issue banning notices to repeat offenders. PVC and metal pipes have been added to the list of items prohibited from being brought onto logging sites.New South Wales
On April 1, 2022, the New South Wales government added amendments to the Roads Act 1993 and the Crimes Act 1900 which banned and penalised several forms of protest action. People can now be fined up to $22,000 and/or jailed for a maximum of two years for protesting illegally on public roads, rail lines, tunnels, bridges and industrial estates. The new offence applies to ports in Newcastle, Port Kembla and Port Botany, but the government says it intends to add more facilities.
Basically, if a protest 'seriously disrupts or obstructs vehicles or pedestrians' it will be prohibited. The determination of what constitutes serious disruption is left to the police. The laws were introduced as a response to a series of climate protests, during which activists blockaded the Port of Botany and major roads including the Spit Bridge near Manly. Groups such as the Human Rights Law Centre, Aboriginal Legal Service, New South Wales Council for Civil Liberties and the Environmental Defenders Office have all condemned the new laws
While the right to peacefully and lawfully protest is technically still protected, the new laws make it possible for police to rule almost any protest gathering as an obstruction.
Tasmania
On September 7, 2022, the Tasmania government added amendments to the Police Offences Act 1935 attaching fines of up to $13,000 and up to two years' imprisonment for illegally entering a property and either impeding or intending to impede someone on the premises 'carrying out lawful work'.
For a second offence, the maximum fine increases to $21,625 or up to two-and-a-half years in jail. These penalties apply to workplaces including forestry sites. An organisation [referred to in the legislation as a 'corporate body'] supporting members of the community to protest could be fined over $45,000.
A corporate body that obstructs a business will face a fine of up to $103,800. Queensland
Under Queensland's Peaceful Assembly Act 1992, citizens have the right to peaceful protest in a public place. This is as long as they are protecting public safety, maintaining public order, and protecting others' rights and freedoms. According to the act authorisation from the police is not needed to hold a public assembly, but forgoing this increases the risk of hostile police interactions. For example, an unauthorised public assembly could result in a charge of obstruction: one traffic rule is that pedestrians must not cause a traffic hazard or unreasonably obstruct the path of any driver or other pedestrian - if police think a protestor is breaking that rule, they can be fined up to 20 penalty units (currently $2669).
In 2019, Queensland introduced laws that ban people using 'locking devices', which rules out actions like protesters gluing themselves to the ground or locking themselves to a tree. It also covers anything that can block industrial sites, roads, or buildings. These laws criminalise parts of peaceful protest, and the United Nations criticised them as being at odds with Australia's international human rights obligations.
Western Australia
In Western Australia, protests can be deemed illegal if police consider protesters to be trespassing (including staying in a place after being asked to leave), intending to cause harm, or causing a traffic hazard or obstruction. In these cases, protesters can face up to two-year jail terms or fines up to $25,000.
Most commonly, however, police officers will ask protesters to leave a public place if they suspect they are: breaching the peace, hindering, obstructing or preventing any lawful activity from being carried out, intending to commit an offence, have just committed or are committing an offence. A move on notice is not a criminal charge, but protesters can be arrested for breaching a move on notice.
South Australia
In South Australia, protest actions must meet the requirements of the Public Assemblies Act 1972. This legislation states approval is required before a public assembly from the Commissioner of Police, Chief Secretary or local council in the area where the assembly is proposed. If approved, a protester can participate in the assembly without being charged with criminal or civil offences so long as he or she behaves in accordance with the conditions of the approval.
Protesters participating in an approved public assembly cannot be charged with any offences connected with obstructing traffic if that is the intended effect of the pre-approved assembly route. If a protest blocking traffic is not authorised, police may arrest participants.
Australian Capital Territory
Peaceful protest and demonstration are protected in Australian Capital Territory (ACT) and citizens do not require formal approval to conduct a protest or demonstration. The only condition is that protests in parliamentary zones and diplomatic areas do require permission first. Approval is also needed to put up a structure as part of a protest, including anything that is built (like a sun shelter), a fire (including if protesters burn a flag, sign or effigy) or any element fixed to the ground. The ACT government does warn participants to observe lawful directions issued by the Parliamentary Security Service, Australian Federal Police Uniform Protection officers or the Australian Federal Police. Failure to do so may result in arrest.
Northern Territory
In the Northern Territory a permit is required to protest in a public place, but there are no other laws regulating protests specifically. The normal laws about orderly public conduct still apply, including being charged with offensive conduct if protesters 'cause substantial annoyance to another person.'