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Parliamentary Questions

Question Without Notice No. 388 asked in the Legislative Council on 11 April 2019 by Hon Colin Tincknell

Parliament: 40 Session: 1

Answered on


388. Hon COLIN TINCKNELL to the Leader of the House representing the Attorney General:

I refer to anti-protest legislation. The previous government proposed introducing anti-protest laws that the then Leader of the Opposition said were too broad. Is the government considering introducing anti-protest legislation, in any form, in an effort to stop extreme and unlawful protest actions by militant activists; and, if so, when; and, if not, why not?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

The Criminal Code Amendment (Prevention of Lawful Activity) Bill 2015 sought to criminalise otherwise lawful protests. The government continues to recognise the right of people to peaceful protest, as long as they respect the law. When a protest is associated with criminal acts such as trespass, then the protest is unlawful. The government is currently considering potential reforms to the Restraining Orders Act 1997 and the Criminal Code to enhance protection for farmers against persons engaged in criminal activity. The proposed reforms are not intended to abrogate the right to engage in lawful protest.